Copyright Acknowledgement
THIS COPYRIGHT ACKNOWLEDGEMENT AGREEMENT (the “Agreement”) is entered into by and between the undersigned User (“User”) and ConfiDentist Group Corp., a corporation the full postal address of which is 265 Rimrock Rd., Unit 209, North York, Ontario, M3J 3A6, Canada (“ConfiDentist”) (each individually a “Party” and together the “Parties”).
WHEREAS, ConfiDentist is the owner of copyright in the original, literary work entitled “Booklets, Quizzes, and Mock Exams”, for which Certificate of Copyright Registration No. 1201112 has been issued by the Canadian Intellectual Property Office (the “Work”);
AND WHEREAS, User will be provided with one (1) hardcopy of the Work by ConfiDentist in connection with User’s participation and/or enrolment in a dental education course offered by ConfiDentist;
AND WHEREAS, the Parties wish to confirm the terms on which ConfiDentist is providing User with a copy of the Work;
NOW THEREFORE, in consideration of the mutual promises and obligations herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
- ConfiDentist will provide User with a single hardcopy of the Work (the “Copy”).
- User acknowledges that the Work and the Copy are subject to copyright and that ConfiDentist is the owner of that copyright.
- User further acknowledges that, as owner of copyright in the Work, ConfiDentist has the exclusive right to produce, reproduce, publish and perform the Work, or any substantial part
- User further acknowledges that copyright protection for the Work and the Copy is not limited to Canada but extends to at least each of the (181) contracting parties to the Berne Convention for the Protection of Literary and Artistic Works.
- User shall not, in respect of the Copy, do anything which, pursuant to section 3(1) of the Canadian Copyright Act (R.S.C., 1985, C-42), ConfiDentist, as the owner of copyright in the Work, has the exclusive right to do. Without limiting the generality of the foregoing, User shall not:
- publish the Copy, or any substantial part thereof, in any material form whatsoever; or
- reproduce the Copy, or any substantial part thereof, in any material form whatsoever, including by photocopying, scanning, or photographing the Copy.
- User acknowledges that the doing of anything contained within paragraph 5 above will constitute not only a breach of this Agreement but also an infringement of ConfiDentist’ s copyright in the Work.
- User shall not:
- sell or transfer ownership of the Copy;
- share or distribute the Copy in any way, in any form, and for any purpose whatsoever;
- remove one or more pages from the Copy;
- remove, redact or obscure any text in the Copy;
- remove any trademarks from the Copy;
- remove any copyright notices from the Copy; or
- change or amend any questions or answers contained in the
- If ConfiDentist has at any time reason to believe that User has breached any one or more of the terms of this Agreement, ConfiDentist shall notify User of same and request the return of the Copy and any and all copies which User may have made thereof (contrary to the terms of this Agreement) to ConfiDentist, and User shall promptly return same to ConfiDentist.
- No remedy referred to in this Agreement is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to in this Agreement or otherwise available under law, which may include statutory damages for copyright infringement under section 38.1(1) of the Copyright Act (R.S.C., 1985, c. C-42) of up to $20,000.
- This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario and any applicable federal laws of Canada.