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END-USER AGREEMENT
THIS is a legal Agreement between you, the End-User, and HER MAJESTY
THE QUEEN IN RIGHT OF CANADA (Canada), represented by the Minister of
Natural Resources regarding the terms and conditions of the use of Digital Data.
WHEREAS Canada is the owner of the proprietary rights in the Digital Data
delivered with this Agreement; WHEREAS the End-User wishes to obtain the
right to use the Digital Data; and WHEREAS Canada is prepared to licence to
the End-User the right to use the Digital Data for the End-Users’ own internal
use subject to the items and conditions hereinafter set forth. NOW, THEREFORE,
Canada and the End-User for valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the parties, covenant and agree as follows:
1. The End-User acknowledges that the Digital Data are protected under the
Copyright Act of Canada.
2. The Digital Data is licensed, not sold, to the End-User for use subject to the
terms and conditions of this Agreement.
3. The End-User shall use the Digital Data on a single computer. The End-User
must obtain a supplementary licence from Canada before using the Digital Data
in connection with systems, multiple central processing units, computer
networks, or emulations on a mainframe or minicomputer. If the End-User is an
employee of a library, or a member of the faculty, the staff or the students of an
educational institution, public access may be provided from workstations on
library premises for scholarly research, educational and personal use.
Remote access by members of the public is not permitted.
4. The End-User may make one (1) copy of the Digital Data for the purpose of
backup only, which copy may not be used except in the event that the primary
copy is damaged, destroyed or lost. The End-User shall reproduce on the
backup copy the copyright notice.
5. Except as provided in article 4, The End-User shall not duplicate or
reproduce the Digital Data, nor authorize or allow any party to duplicate or
reproduce the Digital Data, in whole or in part, in any form or format whatsoever
without the prior written consent of Canada. If the End-User is an employee of a
library, or a member of the faculty, the staff or the students of an educational
institution, permitted access includes the retrieving, displaying, searching,
downloading, printing and storing of individual articles for scholarly research,
educational and personal use. Copying and storing of entire digital publications
is not permitted.
6. The End-User shall not sell, loan, lease, distribute, transfer or sublicense the
Digital Data or otherwise assign any rights under this Agreement to any third
party without the prior written consent of Canada.
7. The Digital Data are provided on an as is basis and Canada makes no
guarantees, representations or warranties respecting the Digital Data, either
expressed or implied, arising by law or otherwise, including but not limited to,
effectiveness, completeness, accuracy or fitness for a particular purpose.
8. Canada shall not be liable in respect of any claim, demand or action, irrespective
of the nature of the cause of the claim, demand or action alleging any loss, injury
or damages, direct or indirect, which may result from the End-User’s use or
possession of the Digital Data or in any way relating to this Agreement. Canada
shall not be liable in any way for loss of profits or contracts, or any other
consequential loss of any kind resulting from the End-User’s use or possession
of the Digital Data or in any way attributable to this Agreement.
9.
The End-User shall indemnify and save harmless Canada and its Ministers,
officers, employees and agents from and against any claim, demand or action,
irrespective of the nature of the cause of the claim, demand or action, alleging
loss, costs, expenses, damages or injuries (including injuries resulting in death)
arising out of the End-User’s use or possession of the Digital Data or in any way
relating to this Agreement.
10. This Agreement shall be interpreted in accordance with the laws in force in the
Province of Ontario, Canada.
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