Canadian Hydrographic Service Public Website Clickwrap Agreement
Public Website Clickwrap Licence Agreement from Her Majesty the Queen in right of Canada, as represented by the Minister of Fisheries and Oceans, on behalf of the Canadian Hydrographic Service (“CHS”)(the “Crown”) to the “User” for the use of CHS Digital Data from the CHS Public Website
- This is a Licence from CHS to the User for the use of CHS Digital Data found on the CHS Public Website (the “Data”).
- By clicking on the “I Agree” button on the CHS Website, the User agrees to the following terms and conditions governing the use of the Data:
- 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, (and the copyright may NOT be sold, licensed, leased, assigned or given to a third party);
- The User has the right to use, reproduce and distribute the Data, and to manufacture or cause to be manufactured and sell or licence or cause to be sold or licensed files, products or publications which derive from or incorporate or by any other means use the Data, in whole or in part (“Derivative Product”), and to sub-licence the right to use and reproduce the Data, 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 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 Data and any Derivative Product may only be used for non-navigational purposes, unless CHS has provided prior written approval;
- The User acknowledges that the Data and any Derivative Product do not meet the chart carriage requirements of the Navigation Safety Regulations, 2020, 1995 under the Canada Shipping Act, 2001;
- CHS does not warrant or guarantee the accuracy, completeness or currency of the Data for any specific use;
- The User acknowledges that the Data reflects the hydrographer's interpretation of conditions observed at the time of the survey, and that seabed, lake and river bottom conditions change continuously;
- Neither the Crown, nor its ministers, officers, employees, or agents make any representation or warranty of any kind with respect to the accuracy, usefulness, novelty, validity, scope, completeness or currency of the data, and they expressly disclaim any implied warranty of merchantability or fitness for a particular purpose of the data;
- 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 or use of the data, 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 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;
- This Agreement comes into effect when the User indicates agreement to the above terms and conditions by clicking on the “I Agree” button on the CHS website, 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 by consultation, negotiation, mediation or 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.
Canadian Hydrographic Service and Hydrographer General of Canada
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