Open Government Licence - Canada
You are encouraged to use the Information that is available under this licence with only a few conditions.
Using Information under this licence
- Use of any Information indicates your acceptance of the terms below.
- 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 free to:
- 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:
- 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 are using Information from several information providers and multiple attributions are not practical for your product or application, you must use the following attribution statement:
Contains information licensed under the Open Government Licence – Canada.
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
This licence does not grant you any right to use:
- Personal Information;
- third party rights the Information Provider is not authorized to license;
- the names, crests, logos, or other official symbols of the Information Provider; and
- Information subject to other intellectual property rights, including patents, trade-marks and official marks.
Non-endorsement
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
The Information is licensed “as is”, and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.
Governing Law
This licence is governed by the laws of the province of Ontario and the applicable laws of Canada.
Legal proceedings related to this licence may only be brought in the courts of Ontario or the Federal Court of Canada.
Definitions
In this licence, the terms below have the following meanings:
“Information”
means information resources protected by copyright or other information that is offered for use under the terms of this licence.
“Information Provider”
means His Majesty the King in right of Canada.
“Personal Information”
means “personal information” as defined in section 3 of the Privacy Act, R.S.C. 1985, c. P-21.
“You”
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
Versioning
This is version 2.0 of the Open Government Licence – Canada. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the 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.
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 Non-navigational Bathymetric Data
This is a Licence from CHS to the User for the use of CHS non-navigational digital bathymetric data (the “Data”).
By clicking “I Agree” 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. 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 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, in whole or in part (“Derivative Product”), and to sub-license 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 is a product of [insert User’s corporate name] and includes data provided by the Canadian Hydrographic Service (CHS) of the Department of Fisheries and Oceans (DFO). The incorporation of CHS data does not constitute an endorsement of this product by CHS or DFO. This product does not meet the requirements of the Navigation Safety Regulations, 2020 under the Canada Shipping Act, 2001 and must not be used for navigation.”
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 not be used for navigation, or other legal 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 under the Canada Shipping Act, 2001. For official navigation products, please refer to [www.charts.gc.ca]https://www.charts.gc.ca
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, acts of God, flood 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 “I Agree” and shall remain in effect until terminated by CHS by a public notice posted on this 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.
Director General, Canadian Hydrographic Service and Hydrographer General of Canada e-mail: chsinfo@dfo-mpo.gc.ca
Version date: 11-Jan-2021