Content Licence Agreement

This is a licence agreement between you and Engineers Canada that explains how you can use photos you license from Engineers Canada. By downloading content from Engineers Canada’s EngStudio website, you accept the terms of this agreement.

1. What licence does Engineers Canada offer?

Engineers Canada offers a standard licence where you are welcome to use content from the Engineers Canada site on a complimentary basis if you agree to the conditions stated in this agreement.

2. How can I use licenced content?

You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Engineers Canada are:

  • perpetual, meaning there is no expiration nor end date on your rights to use the content, and
  • non-exclusive, meaning that you do not have exclusive rights to use the content. Engineers Canada can license the same content to other customers.

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

3. Restricted uses.

  • No unlawful use. You may not use content in a pornographic, defamatory or unlawful manner.
  • No standalone file use. You may not use content in any way that allows others to download, extract or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
  • No use in trademark or logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark or logo.
  • Sensitive use prohibited. Photos cannot be used for content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted disease)s.
  • No false representation of authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licenced content. For instance, you cannot create a painting based solely on licenced content and claim that you are the author.

4. Who, besides me, can use the licenced content?

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else.

5. Intellectual property rights

  • Who owns the content?
    All of the licenced content is owned by either Engineers Canada or the artists who supply the content. All rights not expressly granted in this agreement are reserved by Engineers Canada and the content suppliers.
  • Attribution.
    Do I need to include a photo credit? Yes, each photo includes a credit statement that must be stated in every instance the photo is used.

6. Termination/cancellation/withdrawal

  • Termination
    This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Engineers Canada may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Engineers Canada in writing that you have complied with these requirements.
  • Social media termination
    If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
  • Content withdrawal
    Engineers Canada may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Engineers Canada, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Engineers Canada may be liable, Engineers Canada may require you to immediately, and at your own expense, cease using the content, delete or destroy any copies of same.

7. Representations and Warranties

Engineers Canada makes the following representations and warranties:

  • Caption/metadata disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Engineers Canada does not warrant the accuracy of such information, or of any metadata provided with the content.
  • No other warranties. Except as provided in the “warranty of non-infringement” section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Engineers Canada does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.

8. Indemnification/limitation of liability

  • Indemnification of Engineers Canada by you. You agree to defend, indemnify and hold harmless Engineers Canada and its parent, subsidiaries, affiliates and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

Limitation of liability. ENGINEERS CANADA WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF ENGINEERS CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

9. General provisions

  • Assignment. This agreement is personal to you and is not assignable by you without Engineers Canada's prior written consent. Engineers Canada may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
  • Governing law. This agreement will be governed by the laws of the Province of Ontario, without reference to its laws relating to conflicts of law.
  • Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
  • Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
  • Entire agreement. No terms of conditions of this agreement may be added or deleted by you unless made in writing and accepted in writing by Engineers Canada. Engineers Canada may, from time to time, update the agreement as deemed necessary, in its discretion, acting reasonably.