Ontario crown game preserves

Not for legal purposes. This data is collected with varying aerial photgraphy dates and scales. It is a snap shot in time and maintenance of these features are uncertain.UNRESTRICTED USE LICENCE AGREEMENT FOR ONTARIO PUBLIC SERVICE DATA BY ACCESSING, DOWNLOADING, PRINTING OR USING THE DATA, INFORMATION AND MATERIALS BEING PROVIDED WITH, OR ACCESSIBLE PURSUANT TO THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. I WHEREAS the Licensee wishes to obtain certain rights to the Data, on terms and conditions herein contained; II AND WHEREAS the parties hereto are desirous of entering into a licence agreement on the basis herein set forth. NOW THEREFORE, in consideration of the covenants contained in this Agreement, the parties agree as follows: 1.0 DEFINITIONS 1.1 Data means any digital data, meta-data, or documentation provided by OPS pursuant to this Licence Agreement, more fully described in Schedule A attached hereto, and is subject to the terms and conditions of this Agreement. 1.2 Derivative Products means any product, system, sub-system, device, component, material or software that incorporates or uses any part of the Data. 1.3 Intellectual Property Rights means any intellectual property right recognised by law, including any intellectual property right protected through legislation, such as that governing, but not limited to, copyright and patents. 2.0 LICENCE GRANT 2.1 Subject to this Agreement, OPS hereby grants to the Licensee a non-exclusive, fully paid, royalty-free right and licence to use, copy, reproduce, incorporate, sublicense (with further right of sublicensing), modify, improve, further develop, and distribute the Data; and to manufacture and/or distribute Derivative Products derived from or for use with the Data. 2.2 The Intellectual Property Rights arising from any modification, improvement, development or translation of the Data, or from the manufacture of Derivative Products, effected by or for the Licensee, shall vest in the Licensee or in such person as the Licensee shall decide. 3.0 PROTECTION and ACKNOWLEDGEMENT OF SOURCE 3.1 The Licensee acknowledges that Her Majesty the Queen in right of Ontario is the sole owner of the Data and that it shall retain all Intellectual Property Rights in same save and except for the Licence rights granted as provided in section 2.2. 3.2 The Queens Printer for Ontario (QP) holds title to Crown copyrights and that the QP has delegated its authority to OPS, therefore, OPS has the right to issue this licence. 3.3 Where any of the Data is redistributed by the Licensee, or contained within Derivative Products, any such licence by the Licensee and any such Derivative Products, shall identify the Queens Printer of Ontario as a data source and such identification shall be accompanied by an acknowledgment that the use of the Data in any such Derivative Product does not constitute an endorsement by the Ontario Government of such Derivative Product. 4.0 WARRANTY, LIABILITY, INDEMNITY 4.1 OPS makes no representation or warranty of any kind with respect to the accuracy, usefulness, novelty, validity, scope, completeness or currency of the Data and expressly disclaims any implied warranty of merchantability or fitness for a particular purpose of the Data. OPS does not ensure or warrant compatibility with past, current or future versions of the Licensees browser to access the sites Data. OSP shall have no obligation or liability for the provision of updates or corrections to the Data provided under this Licence or for the provision of notices thereof to the Licensee. 4.2 The Licensee shall have no recourse against OPS and all other contributors, whether by way of any suit, claim, or action, for any loss, liability, damage or cost that the Licensee may suffer or incur at any time, by reason of the Licensee's possession or use of the Data. 4.3 The Licensee shall indemnify OPS and its officers, employees, agents, contractors and all other contributors from all claims alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the Licensees possession or use of the Data. 4.4 The Licensee shall license all individuals (or companies) who obtain Data or Derivative Products from the Licensee the right to use the Data or Derivative Products by way of a license agreement, and any such licence agreement shall impose upon these parties the same terms and conditions in favoUr of the Crown as are set out in sections three, four and five of this agreement, failing which any such licence agreement shall be null and void. 4.5 The Licensees liability to indemnify OPS under this Agreement shall not affect or prejudice OPS's rights or powers to exercising any other rights under law. 5.0 TERM AND TERMINATION 5.1 This Agreement is effective as of the date and time of acceptance (Eastern Standard Time) and shall remain in effect until terminated 5.2 The Licensee may terminate this Licence at any time by destroying the Data and any other materials or items it receives thereunder together with all copies thereof, and upon written notification of such destruction to OPS. 5.3 This Agreement terminates without notice in the event the Licensee commits or permits a breach of any of its obligations or covenants under the Agreement. 5.4 Upon the termination for whatever reason of this Agreement, the Licensee's obligations under section 4 shall survive; and the Licensee's rights under section 2 shall immediately cease. 5.5 For purposes of greater clarity it is understood and agreed that, upon the termination for whatever reason of this Agreement, the Licensee shall delete or destroy all Data acquired under this Agreement immediately or within a reasonable timeframe where the Data is required to complete orders of Derivative Products made before the termination date of this Agreement. 6.0 GENERAL 6.1 Applicable Law This Agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of Ontario and Canada as applicable. The parties hereto attorn to the jurisdiction of the Superior Court of the Province of Ontario. 6.2 Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to its subject matter. This Agreement may only be amended in writing, signed by both parties, which expressly states the intention to amend this Agreement. 6.3 Enforceability If any provision of this Agreement is adjudged at any time to be unenforceable, unlawful or void, that provision shall be deemed severable from the Agreement, and shall not affect the validity or enforceability of the remaining provisions. 6.4 The Licensee acknowledges that it has read all of the provisions of this Agreement and understands them. Open Government Licence – Ontario - You are encouraged to use the Information that is available under this licence with only a few conditions. Using Information under this licence - 1. Use of any Information indicates your acceptance of the terms below. 2. The Information Provider grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information, including for commercial purposes, subject to the terms below. You are freeto: 3. Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose. You must, where you do any of the above: 4. Acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence. If the Information Provider does not provide a specific attribution statement, or if you areusing Information from several Information Providers and multiple attributions are not practical for your product or application, you must use the followingattribution statement: Contains information licensed under the Open Government Licence – Ontario. 5. The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically. Exemptions 6. This licence does not grant you any right to use: a) Personal Information; b) Information or Records not accessible under the Freedom of Information and Protection of Privacy Act (Ontario); c) third party rights the Information Provider is not authorized to license; d) the names, crests, logos, or other official symbols of the Information Provider; and e) Information subject to other intellectual property rights,including patents, trade-marks and official marks. Non-endorsement 7. This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information. No warranty 8. The Information is licensed “as is”, and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximumextent permitted by law. 9. The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstancesbe liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connectionwith this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage. Governing Law 10. This licenceis governed by the laws of the Province of Ontario and the applicable laws of Canada. 11. Legal proceedings related to this licence may only be broughtin the courts of Ontario. Definitions 12. In this licence, the terms below have the following meanings: "Information" means information resources orRecords protected by copyright or other information or Records that are offered for use under the terms of this licence. "Information Provider" means Her Majesty the Queen in right of Ontario. “Personal Information” has the meaning set out in section 2(1) of the Freedom of Information and Protectionof Privacy Act (Ontario). “Records” has the meaning of “record” as set out in the Freedom of Information and Protection of Privacy Act (Ontario). "You" means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence. Versioning 13. This is version 1.0of the Open Government Licence – Ontario. The Information Provider may make changes to the terms of this licence from time to time and issue a new version ofthe licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the information.