DEPARTMENT OF NATURAL RESOURCES
	GEOMATICS CANADA

	END-USER AGREEMENT FOR DIGITAL DATA


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.  BY OPENING THE PACKAGE DELIVERED WITH THIS AGREEMENT, YOU ARE AGREEING TO 
BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY 
RETURN THE PACKAGE AND ANY ACCOMPANYING ITEMS (including written materials) TO THE PLACE YOU OBTAINED THEM 
FOR A FULL REFUND.

WHEREAS Canada is the owner of the proprietary rights in the digital data ("Data") delivered with this Agreement;

WHEREAS the End-User wishes to obtain the right to use the Data;

AND WHEREAS Canada is prepared to license to the End-User the right to use the Data for the End-Users' own internal use subject to the terms 
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 Data is protected under the Copyright Act of Canada.

2.	The Data is licensed, not sold, to the End-User for use subject to the terms and conditions of this Agreement.  The End-User owns the 
disk(s) or tape(s) on which the Data is recorded, but Canada retains all ownership interests in the Data.

3.	The End-User shall use the Data only on a single computer.  The End-User must obtain a supplementary licence from Canada before 
using the Data in connection with systems, multiple central processing units, computer networks, or emulations on a mainframe or 
minicomputer.

4.	The End-User may make one (1) copy of the 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 appearing on 
the disk(s) or tape(s) on which the Data is recorded.

5.	Except as provided in Article 4 above, the End-User shall not duplicate or reproduce the Data, in whole or in part, in any form or 
format whatsoever without the prior written consent of Canada.

6. 	The End-User shall not sell, loan, lease, distribute, transfer or sublicense the Data or otherwise assign any rights under this Agreement 
to any third party without the prior written consent of Canada. 

7.	If the End-User wishes to make any other copies of the Data for internal use, written authorization for such copies must be obtained 
from Canada prior to any copies being made and a royalty fee will be charged for each additional copy of the Data made by the
	End-User.

8. 	The Data is provided on an "as is" basis and Canada makes no guarantees, representations or warranties respecting the Data, either 
expressed or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a 
particular purpose.

9.	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 Data.  
Canada shall not be liable in any way for loss of revenue or contracts, or any other consequential loss of any kind resulting from the 
End-User's use or possession of the Data.

10.	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 Data.

11.	This Agreement shall be interpreted in accordance with the laws in force in the Province of Ontario, Canada.


 

 
 



Geomatics Canada - End-User Agreement for Digital Data	February 7, 1996



Geomatics Canada - End-User Agreement for Digital Data	February 7, 1996