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Terms of Use

The following describes the Terms of Use ("Terms of Use") applicable to your use of the www.taimma.com Web site ("Site"). By using the Site, you agree to be legally bound by these Terms of Use. Taimma Communications Inc. ("Taimma Communications") reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for any modifications. Your use of this Site following the posting of any changes constitutes your acceptance of the changes. These Terms of Use were last updated May 30, 2006.

SITE USAGE

A) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE LICENSE AGREEMENT (DISCUSSED IN SECTION 2A BELOW) OR ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND TAIMMA COMMUNICATIONS, NEITHER TAIMMA COMMUNICATIONS, NOR ANY TAIMMA COMMUNICATIONS AFFILIATE, NOR ANY TAIMMA COMMUNICATIONS LICENSOR, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, OR COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT. TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, AND TAIMMA COMMUNICATIONS LICENSORS ARE AND SHALL REMAIN THE EXCLUSIVE OWNERS OF ANY AND ALL PATENTS, TRADEMARKS, COPYRIGHTS, AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF THE SITE, THE SOFTWARE, DOCUMENTS, AND ALL INFORMATION AND MATERIALS RELATED TO OR CONTAINED ON THE SITE. EXCEPT AS EXPRESSLY PERMITTED HEREIN, YOU SHALL NOT REPRODUCE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY, OR CREATE DERIVATIVE WORKS WITH RESPECT TO THE SITE, SOFTWARE, DOCUMENTS, OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE.

B) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE LICENSE AGREEMENT OR ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND TAIMMA COMMUNICATIONS, THE SITE, SOFTWARE, DOCUMENTS, AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, AND TAIMMA COMMUNICATIONS LICENSORS HEREBY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, AND TAIMMA COMMUNICATIONS LICENSOR'S DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT WILL TAIMMA COMMUNICATIONS, NOR ANY TAIMMA COMMUNICATIONS AFFILIATE OR TAIMMA COMMUNICATIONS LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, SOFTWARE, DOCUMENTS, OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE.

C) NOTWITHSTANDING ANYTHING TO THE CONTRARY EXPRESSED OR IMPLIED IN THESE TERMS OF USE, IN NO EVENT SHALL THE MAXIMUM LIABILITY OF TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, OR TAIMMA COMMUNICATIONS LICENSORS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, SOFTWARE, DOCUMENTS, OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE EXCEED ONE THOUSAND DOLLARS ($1,000). THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, TAIMMA COMMUNICATIONS LICENSORS, AND TO ALL OF TAIMMA COMMUNICATIONS (AND TAIMMA COMMUNICATIONS AFFILIATES AND LICENSORS) RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, SOFTWARE, DOCUMENTS, OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

D) YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE SITE, SOFTWARE, DOCUMENTS, AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE. THE SITE, SOFTWARE, DOCUMENTS, AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER TAIMMA COMMUNICATIONS, NOR ANY TAIMMA COMMUNICATIONS AFFILIATE OR TAIMMA COMMUNICATIONS LICENSOR, ASSUMES ANY RESPONSIBILITY FOR AND EACH HEREBY DISCLAIM ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS IN THE SITE, SOFTWARE, DOCUMENTS, AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THIS SITE, AND IN ANY REFERENCED OR LINKED DOCUMENTS, MATERIAL, OR WEBPAGES.

E) TAIMMA COMMUNICATIONS MAY MAKE CHANGES TO THE TERMS OF USE, THE SITE, SOFTWARE, DOCUMENTS, OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THIS SITE AND PRODUCT OFFERINGS AT ANY TIME AND WITHOUT NOTICE.

F) THE SITE IS DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES TO TAIMMA COMMUNICATIONS' PRODUCTS, PROGRAMS, OR SERVICES THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT TAIMMA COMMUNICATIONS INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.

G) THE SITE MAY CONTAIN LINKS TO THE THIRD-PARTY WEB SITES THAT ARE NOT UNDER THE CONTROL OF TAIMMA COMMUNICATIONS, AND NEITHER TAIMMA COMMUNICATIONS, NOR ANY TAIMMA COMMUNICATIONS AFFILIATE OR TAIMMA COMMUNICATIONS LICENSOR, SHALL BE RESPONSIBLE FOR THE CONTENT ON ANY LINKED WEB SITE. IF YOU ACCESS A THIRD-PARTY WEB SITE FROM THIS SITE, THEN YOU DO SO AT YOUR OWN RISK. TAIMMA COMMUNICATIONS PROVIDES THESE LINKS ONLY AS A CONVENIENCE AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT TAIMMA COMMUNICATIONS, OR ANY TAIMMA COMMUNICATIONS AFFILIATE OR TAIMMA COMMUNICATIONS LICENSOR, ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY WEB SITES.

USAGE OF SOFTWARE AVAILABLE ON THE SITE

A) Any software that is made available to download, or for access, from this Site ("Software") is the copyrighted work of Taimma Communications. Use of the Software is governed by the terms of the license agreement which accompanies, is included with, or as part of the registration and/or installation process required for the authorized use of the Software ("License Agreement"). You shall be prohibited from installing or using any Software unless you first agree to the terms of the applicable License Agreement. In the event that no License Agreement accompanies or is included with the Software, you are hereby granted a thirty (30) day (commencing upon the date of download) limited, revocable, non-transferable, non-exclusive, personal license to use the Software for internal, noncommercial, evaluation purposes only.

B) THE SOFTWARE IS MADE AVAILABLE FOR DOWNLOADING AND/OR ACCESS SOLELY FOR USE IN ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE SOFTWARE NOT IN ACCORDANCE WITH THE LICENSE AGREEMENT IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.

C) WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR ANY PART THEREOF FOR ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, FURTHER REPRODUCTION OR REDISTRIBUTION) IS EXPRESSLY PROHIBITED, UNLESS SUCH COPYING, REPRODUCTION, OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT.

D) EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, AND TAIMMA COMMUNICATIONS LISENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL TAIMMA COMMUNICATIONS, ANY TAIMMA COMMUNICATIONS AFFILIATE, OR TAIMMA COMMUNICATIONS LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE AVAILABLE FROM THIS SITE.

E) RESTRICTED RIGHTS LEGEND. Any Software that is downloaded or accessed from this Site for or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

USAGE OF DOCUMENTS AVAILABLE ON THE SITE

A) Except as expressly prohibited by these Terms of Use (or otherwise), you are permitted to view, copy, and print documents within this Site (such as press releases, media kits, and case studies, individually and collectively referred to herein as "Documents") subject to your agreement that: (1) your use of the Documents and the information contained therein is for informational, personal, and non-commercial purposes only, (2) you will not modify the Documents, (3) you will not (a) use, copy, or distribute any confidential information of Taimma Communications, Taimma Communications affiliates, or Taimma Communications licensors, or any graphics separate from their accompanying text, or (b) quote materials out of their context, (4) you will display the copyright notice (in the form set forth in Section 6 below) and other proprietary notices on every copy you make, and (5) you agree that Taimma Communications may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Taimma Communications. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. For avoidance of doubt, (i) Taimma Communications does not grant any Site user any rights (to use, reproduce, or otherwise), nor does Taimma Communications make any warranties with respect to any Documents or information owned or provided by third parties, and (ii) you agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Documents.

B) DOCUMENTS SPECIFIED ABOVE DO NOT INCLUDE THE DESIGN OR LAYOUT OF THE SITE OR ANY OTHER TAIMMA COMMUNICATIONS OR ANY TAIMMA COMMUNICATIONS AFFILIATE OR ANY TAIMMA COMMUNICATIONS LICENSOR OWNED, OPERATED, LICENSED, OR CONTROLLED WEB SITE. ELEMENTS OF TAIMMA COMMUNICATIONS AND ANY TAIMMA COMMUNICATIONS AFFILIATE'S OR TAIMMA COMMUNICATIONS LICENSOR'S WEB SITES ARE PROTECTED BY TRADE DRESS, TRADEMARK, UNFAIR COMPETITION, COPYRIGHT, AND OTHER LAWS AND MAY NOT BE COPIED OR IMITATED IN WHOLE OR IN PART. NO LOGO, GRAPHIC, SOUND, OR IMAGE FROM ANY TAIMMA COMMUNICATIONS, OR ANY TAIMMA COMMUNICATIONS AFFILIATE OR TAIMMA COMMUNICATIONS LICENSOR WEB SITE MAY BE COPIED OR RETRANSMITTED UNLESS EXPRESSLY PERMITTED BY TAIMMA COMMUNICATIONS, OR THE APPLICABLE TAIMMA COMMUNICATIONS AFFILIATE OR TAIMMA COMMUNICATIONS LICENSOR.

C) NEITHER TAIMMA COMMUNICATIONS, NOR ANY TAIMMA COMMUNICATIONS AFFILIATES OR TAIMMA COMMUNICATIONS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON OR ACCESSIBLE VIA THE SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, AND TAIMMA COMMUNICATIONS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL TAIMMA COMMUNICATIONS, OR ANY TAIMMA COMMUNICATIONS AFFILIATE OR TAIMMA COMMUNICATIONS LICENSOR, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY DOCUMENT OR THE INFORMATION AVAILABLE FROM THE SITE.

D) THE DOCUMENTS AND RELATED INFORMATION AND GRAPHICS PUBLISHED ON OR ACCESSIBLE VIA THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TAIMMA COMMUNICATIONS, TAIMMA COMMUNICATIONS AFFILIATES, AND TAIMMA COMMUNICATIONS LICENSORS RESERVE THE RIGHT TO AND MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.

ACCOUNTS AND SECURITY

If any of the products or services available from the Site require you to open an account, you must complete the registration process by providing Taimma Communications with true, current, completem, and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete, and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Taimma Communications immediately in the event of any unauthorized use of your account or any other breach of security. Neither Taimma Communications, nor any Taimma Communications affiliates or Taimma Communications licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Taimma Communications or any other person or entity due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder or Taimma Communications (as applicable). If you provide any information that is false, inaccurate, out of date, or incomplete, or Taimma Communications has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Taimma Communications may suspend or terminate your account and refuse any and all current or future use of the products or services or any portion thereof. You are responsible for all costs and charges, including without limitation phone charges and telecommunications equipment, that you incur in order to use the products or services.

COPYRIGHT NOTICE

Copyright © 2005-2010 Taimma Communications, Inc., 6855 Avenue De L'Epee, Suite 200, Montreal, Quebec, Canada, H3W 2C7.
All rights reserved.

TRADEMARKS

ROECycle, ROECycle Studio, andTaimma Communications, are either trademarks or registered trademarks of Taimma Communications, Inc. or its affiliates or licensors. The names of other companies and products mentioned on or via the Site may be the trademarks of their respective owners. Reference to such third party trademarks is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement. Any rights not expressly granted herein are reserved.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Taimma Communications regarding your use of the Site, superseding any prior agreements between you and Taimma Communications on the subject matter (including, but not limited to, any prior versions of the Terms of Use). In the event that any provision of these Terms of Use conflicts with the law under which these Terms of Use are to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over the parties, such provision shall be deemed to be restated to reflect as nearly as possible the economic effect of the original provision in accordance with applicable law. The remaining provisions of these Terms of Use and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law. These Terms of Use are governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws. Unless waived in its sole discretion by Taimma Communications, the sole jurisdiction and venue for actions related to the subject matter hereof will be the Quebec provincial and federal courts having within their jurisdiction in the City of Montreal and both parties consent to the jurisdiction of such courts. The official language for this Agreement, and of any proceedings and writings amending or interpreting this Agreement, will be English. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any copyright infringement exists on this Site, or any website with a link to this Site, please use the following process to notify Taimma Communications. All claims of copyright infringement should be in writing and should be directed to Taimma Communications designated agent below:

Taimma Communications, Inc.
6855 Avenue De L'Epee, Suite 200
Montreal, Quebec, Canada, H3W 2C7
Phone: 514-277-9000
Fax: 514-277-4175
E-mail: info@taimma.com

Please include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single claim, a representative list of such works on that website.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Taimma Communications to locate the material.

4. Information reasonably sufficient to permit Taimma Communications to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ROECycle™(Return on Education Cycle). Taimma Communications, Inc. Medical Communications, eLearning, ROECycle Studio, Reusable Learning Objects, Curriculum Design, Consulting, LMS, LCMS, Instruction System Design, Articulate Templates, Course Templates, Advanced Selling Skills, Pharmaceutical Representatives Training, Reprint Overviews, Visual Aid Overviews, Package Insert Overviews, Product Monographs, Anatomy and Physiology, aCeiba.