Website Terms and Conditions
By accessing the website of MacDonald, Dettwiler and Associates Ltd. and its affiliates and subsidiaries (collectively “MDA”) located at www.mdacorporation.com (the “Website”), or by downloading its contents, you agree to be bound by the terms and conditions set out in this legal notice. If you do not agree to these terms and conditions, do not access this Website or use or download its content.
The Website and its contents are provided by MDA for the personal, non-commercial use of individual users. Copyright and all other rights not expressly granted to users in this legal notice are hereby expressly reserved by MDA, and any additional uses of the Website or its contents, including copying, display or redistribution, require MDA’s prior written permission. Use of this Website or its contents in contravention of these terms and conditions is prohibited by law, and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent permitted by law. For further information, or to request any permissions, please contact firstname.lastname@example.org.
These terms and conditions were last updated on January 13, 2017. At any time, with or without notice or liability, and for any reason, we may update, change, suspend or terminate any aspect of these terms and conditions. Please review this Legal Notice each time that you use the Website. Your continued use of the Website for 15 days or more following the posting of changes to these terms and conditions will mean that you accept and agree to those changes.
Caution About Forward-Looking Statements
This Website includes forward-looking statements and information, which reflect the current view of MDA with respect to future events and financial performance. Forward-looking statements generally can be identified by the use of forward-looking terminology such as "may", "will", "expect", "intend", "anticipate", "plan", "foresee", "believe" or “continue” or the negatives of such terms or variations of them or similar terminology. Any such forward-looking statements are based on MDA's current expectations, estimates, projections and assumptions made in light of its experience and its perception of historical trends. Such statements are made and represent management’s best judgment based on facts and assumptions that management considers reasonable. The material assumptions upon which such forward-looking statements are based include, among others, assumptions with respect to: market and general economic conditions; the operations of the operating businesses of the Company continuing on a basis consistent with prior years; growth in demand for the products and services of the Company’s businesses; the ability of the Company to access financing from time to time on favourable terms; the ability of the Company to realize anticipated benefits of acquisitions; the continuation of executive and operating management or the non-disruptive replacement of them on competitive terms; and currency exchange and interest rates being reasonably stable at current rates. Any such forward-looking statements are subject to risks and uncertainties and MDA’s actual results of operations could differ materially from historical results or current expectations.
MDA cautions readers that should certain risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary significantly from those expected. The risks that could cause actual results to differ from current expectations include changes in government policies, priorities, funding levels, contracts or regulations and the failure to obtain necessary regulatory approvals and licenses; growth in the commercial satellite market is dependent on the growth in the businesses of the Company’s customers and the ability of its customers to develop new services; failure of third party subcontractors to complete contracts for which the Company is the prime contractor and the limited number of suppliers for some components; inherent risks of performance on firm fixed price construction contracts and termination of contracts by customers for convenience; changes in estimates of total revenues and costs on contracts and non-receipt of payments on failure of the Company’s satellites and products to perform successfully; potential for product liability or the occurrence of defects in products or systems and resulting loss of revenue and harm to the Company’s reputation; quality issues and failure of systems to meet performance requirements or to by accepted by a customer; inclusion of construction performance incentives in many of the Company’s customer contracts; potential for component failure or performance issues on the Company’s on-orbit satellites and resulting loss of revenue and harm to MDA’s reputation and failure of the Company to receive data for sales or of customers to purchase data; failure of the Company to manage its acquisitions and breaches of contract and indemnities and related risks on divestitures; certain customers are highly leveraged and may not fulfil their contractual payment obligations, including vendor financing; MDA’s ability to obtain certain satellite construction contracts depends, in part, on its ability to provide the customer with partial financing of working capital and any financing provided by the Company may not be repaid or the Company may be called upon to make payments; the Company’s final share of the settlement obligation may differ significantly from its estimate; many of the Company’s costs are fixed and MDA may not be able to cut costs sufficiently to maintain profitability in the event of a downturn in its business; the availability of facility space and qualified personnel may affect MDA’s ability to perform its contracts as efficiently as planned; dependence on electronic systems may be subject to data and system security threats and malfunctions; detrimental reliance on third parties for data; dependence on key employees, potential for work stoppages and lack of oversight over a U.S. proxy board and management; failure to anticipate changes in technology, technical standards and offerings or comply with the requisite standards; failure to maintain technological advances and offer new products to retain customers and market position; significant competition with competitors that are larger or have greater resources and foreign currency fluctuations may increase competition from the Company’s non-U.S. competitors; potential infringement of the intellectual property rights of others through licensed software or otherwise; inadequate protection of the Company’s intellectual property rights; exposure to foreign currency fluctuations; changes in law and economic and political conditions; inability of suppliers or subcontractors to effect technology transfer; failure to maintain business alliances; uncertainty in financing arrangements and failure to obtain required financing on acceptable terms; changes in regulations, telecommunication standards and laws due to political and economic instability in the countries in which MDA conducts business; changes in U.S. and foreign laws and regulations, including U.S. export control and economic sanction laws, governing MDA’s business; wrongful call on letters of credit, guarantees and performance bonds; insufficient insurance against material claims or losses; exposure to fines and/or legal sanctions under anti-corruption laws; changes in customer security requirements and the resulting cancellation of contracts; reliance on information technology systems and threats of disruption from security breaches and cyber-attacks; and failure to comply with environmental regulations.
You are referred to the risk factors described in MDA's most recent annual Management's Discussion and Analysis, Annual Information Form and other documents on file with the Canadian securities regulatory authorities, available online under MDA's profile at www.sedar.com or at www.mdacorporation.com. The forward-looking statements and information contained on this Website represent MDA’s views as at the date thereof and are subject to change after such date. MDA disclaims any intention or obligation to update or review any forward-looking statements, whether as a result of new information, future events or otherwise, other than as required by law, rule or regulation. You should not place undue reliance on forward-looking statements.
Subject to your compliance with these terms and conditions, MDA grants you a limited, personal, non-exclusive, non-transferable license to use the Website and MDA content solely for the purpose of viewing, storing, processing and downloading information for personal, non-commercial use. Any use of the Website for commercial or other revenue-generating purposes is strictly prohibited. You must retain all copyright and other proprietary rights notices contained on or in any materials accessed through the Website
Except as expressly permitted in these terms and conditions, you agree not to reproduce, modify, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, link, broadcast or otherwise make available the Website or any content, or other information and materials obtained through or in connection with the use of the Website, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of MDA or the third party owner of the content, as applicable. These terms and conditions, including all restrictions on your use of the Website and its contents, apply whether or not a license fee or other payment was paid for the use of the Website or any content.
Intellectual Property Rights
The Website, and any content and other information and materials created or supplied by MDA, and the selection and arrangement thereof, are owned by MDA (or its affiliates or third party licensors), and are protected by Canadian and international copyright and other intellectual property laws and treaty provisions.
The trademarks, service marks, logos and other names and icons identifying products and services (“Marks”) of MDA and its related companies are trademarks of such companies, which may be registered in Canada and other countries. All other Marks mentioned on this Website or contained in any content accessed through this Website may be trademarks of other owners. Nothing contained on this Website or in these terms grants you or any other party any right or license to use any Mark displayed on this Website or contained in or on any content accessed through this Website, without the express prior written consent of the owner of the Mark.
Hyperlinks available off this Website will allow you to link to websites not maintained or controlled by MDA, including websites of MDA's divisions, subsidiaries and related companies. It is your responsibility to ensure that any website you choose to use is free of potentially destructive items such as viruses.
MDA provides links to you as a convenience only, and the inclusion of any link on this Website does not imply any warranty, endorsement, investigation or verification by MDA of the linked site. Your use of the linked sites may be subject to terms and conditions contained on those websites, which you should locate and review.
Any software that is made available for download from this Website ("Software") is protected by copyright and/or other intellectual property rights which are either owned by or have been licensed to MDA. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will not be able to install and may not otherwise use any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement.
Software is made available for downloading solely for use by end users in accordance with the applicable License Agreement. Any 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.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THE APPLICABLE LICENSE AGREEMENT, MDA HEREBY DISCLAIMS 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.
Hyperlinks to downloadable software websites are provided for your convenience only, and MDA is not responsible or liable for any difficulties associated with downloading such software.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Website for or on behalf of the government 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. Certain Software may be owned by MacDonald, Dettwiler and Associates Ltd., #1570 - 200 Burrard Street, Vancouver, BC, V6C 3L6, CANADA.
If you submit any unsolicited ideas, comments or other feedback (“Feedback”) to us regarding the Website and/or our content, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that MDA and its affiliated companies may use (or not use) and exploit any Feedback in any way, at their discretion, and without acknowledgement, compensation or other obligation to you or to any other party.
Limitation of Liability
USE OF THIS WEBSITE AND ITS CONTENTS, INCUDING ANY DOCUMENTS, SOFTWARE AND OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK.
EXCEPT AS EXPRESSLY PROVIDED UNDER THE HEADING OF “SOFTWARE”, ABOVE, THIS WEBSITE AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE WEBSITE OR ANY CONTENT, LINKED OR RELATED WEBSITES, OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS.
Without limitation, MDA does not in any way guarantee the currency, accuracy, completeness, suitability, non-infringement or authenticity of any information or other materials contained on or accessed through the Website, or that the use of the Website or any content, linked or related websites, or other materials, will be uninterrupted, timely, secure or error-free. All information contained on or accessed through this Website, is provided for informational purposes only, and is not intended and should not be relied upon for trading, business, financial or other purposes. MDA and its content providers assume no responsibility with respect to the sequence, accuracy, or completeness of any such information and are not liable or responsible in any way for any delays, inaccuracies, or errors in any such information or in the transmission of any such information.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MDA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (IRRESPECTIVE OF THE CAUSE OF ACTION AND EVEN IF MDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE, OUR SYSTEMS, ANY CONTENT, OR ANY OTHER MATERIALS, SOFTWARE, DOCUMENTS, GOODS, SERVICES, OFFERINGS OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY HYPERLINKED SITES; (II) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF MDA’S SYSTEMS OR YOUR TRANSMISSIONS, CONTENT, DATA AND/OR PERSONAL OR FINANCIAL INFORMATION; (VII) STATEMENTS BY OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO OR RESULTING FROM YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE.
YOU EXPRESSLY ACKNOWLEDGE THAT MDA HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND HAS AND WILL MAKE THE WEBSITE AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MDA. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND MDA.
YOU FURTHER AGREE THAT IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ITS CONTENTS, OR WITH ANY RESULTS OBTAINED THROUGH THE USE OF THE WEBSITE, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that MDA’s liability will be limited to the greatest extent permitted by applicable law.
This Website and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
As a user of this Website, you agree to defend, indemnify and hold MDA and its related companies harmless from any and all liabilities, costs and expenses, including legal fees, related to your use of this Website or your violation of the terms and conditions of this legal notice (including any terms and conditions which are incorporated herein by reference).
This Website originates in Canada. It will be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada, as applicable. All disputes, proceedings or claims arising out of or in connection with this Website shall be submitted and be subject to the exclusive jurisdiction of the Courts of the province of British Columbia; provided, however, that MDA will be entitled to seek injunctive or other equitable relief in any court having competent jurisdiction in order to prevent or stop actual or potential harm or injury to MDA’s business, assets or interests.
Products and services described in this Website are offered exclusively in MDA's operating territories. Some products and services referred to in this Website may not be available in all parts of such territory. Products and services offered through the Website are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation.
The information contained in this Website is subject to change and update at any time without prior notice. You should review these terms and conditions each time that you access or use the Website.
MDA reserves the right to modify these terms and conditions at any time at its sole discretion by posting revised terms and conditions on this Website, and you agree to comply with and be bound by such terms and conditions as they may be modified.
You agree that these terms and conditions, and all correspondence and documentation relating to these terms and conditions and your use of the Website, will be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.