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|Her Majesty the Queen in Right of Canada, represented by the Minister of Fisheries and Oceans, acting on behalf of the Canadian Hydrographic Service (“CHS”) (the “Crown”)|
|for the use of digital data consisting of|
|CHS Water Levels and Currents (the “Data”)|
- This is a licence from CHS to the User for the use of CHS “Tides, Currents and Water Levels” data delivered to the User via Internet web services (the “Service”), such data to consist of real time water level observations, water level forecasts, tidal predictions and surface currents.
- CHS does not assume any obligation to provide technical support to the User.
- CHS does not guarantee the software and technologies employed by the User are compatible with the Data or the Service. It is the responsibility of the User to ensure compatibility with the Data and the Service.
- The User accepts the following conditions governing the use of the Data and the Service:
- The copyright in the Data is the property of Her Majesty the Queen in right of Canada, as represented by the Minister of Fisheries and Oceans, on behalf of the Canadian Hydrographic Service. The copyright may NOT be sold, licensed, leased, assigned or given to a third party.
- The User has the right to use the Service, reproduce and distribute the Data, and to manufacture or cause to be manufactured and sell or license or cause to be sold or licensed files, products or publications which derive from or incorporate or by any other means use the Data and the Service, in whole or in part (“Derivative Product”), and to sub-licence the right to use and reproduce the Data and the Service, PROVIDED:
- the User acknowledges CHS as the copyright holder of the Data on all reproductions of the Data;
- where any of the Data is contained within a Derivative Product, the User includes in a prominent location on such Derivative Product the following notice: “This product has been produced by or for [insert User's corporate name] and includes data and services provided by the Canadian Hydrographic Service of the Department of Fisheries and Oceans. The incorporation of data sourced from the Canadian Hydrographic Service of the Department of Fisheries and Oceans within this product does NOT constitute an endorsement by the Canadian Hydrographic Service or the Department of Fisheries and Oceans of this product.”
- any sub-licence by the User of its rights hereunder shall be on an end-use basis only, and shall be evidenced by a written agreement consistent with the terms of this licence agreement.
- The User acknowledges that the Data reflects the best estimate that can be calculated at the time they are delivered via the web service for the place and time requested, but various conditions and events may vary the results.
- When the Data is qualified by metadata the User must take this metadata into consideration when using the Data.
- Neither the Crown, nor its ministers, officers, employees, or agents make any guarantee, representation or warranty of any kind with respect to the accuracy, usefulness, novelty, validity, scope, completeness or currency of the Data or the Service for any specific use, and they expressly disclaim any implied warranty of merchantability or fitness for a particular purpose of the Data or the Service.
- The User shall have no recourse against the Crown, whether by way of any suit or action or other, for any loss, liability, damage or cost that the User may suffer or incur at any time, by reason of the User's possession of the Data or use of the Service, or arising out of the exercise of its rights hereunder. The Crown shall not be under any liability to the User or to any other party in any way whatsoever for destruction, damage, delay or any other matters of any nature whatsoever arising out of power outages, computer failure, war, rebellion, civil commotion, strikes, lock-outs, industrial disputes, fire explosion, earthquake, acts of God, flood, drought, bad weather, or the unavailability of the Service or Data.
- The User shall at all times indemnify and save harmless the Crown from and against and be responsible for all claims, demands, losses, costs, including solicitor and client costs, damages, actions, suits, or proceedings, by whomsoever made, brought, and prosecuted, in any manner based upon, arising out of, related to, occasioned by, or attributable to any acts, omissions, conduct, infringement or damage arising from the performance or non-performance of the User’s rights and obligations as set out herein, or arising from the manufacture, publication, distribution or the use of Derivative Products or Services.
- This Agreement comes into effect when the User is accessing and shall remain in effect until terminated by CHS by a public notice posted on the CHS website. All restrictions on the use of the Data set out above shall survive termination. The User agrees to destroy all the User's copies of the Data within 15 days of termination.
- The parties will attempt to resolve any disputes regarding the interpretation or implementation of this Agreement first by consultation, negotiation, or mediation, and if those are unsuccessful, by arbitration in accordance with the provisions of the Commercial Arbitration Act R.S.C. 1985, c. 17 (2nd Suppl.) as amended from time to time, prior to taking any legal action to enforce this Agreement.