Hi, Thanks for the prompt reply, much appreciated. I think that answers my question. Others might have more questions, so i cc'd the [email protected] discussion list on this reply.
Thanks, Sam On 6/25/10, [email protected] <[email protected]> wrote: > Hello Sam Vekemans, > > Thank you for contacting us to seek clarification on the licence agreement > for the 2010 Census Subdivision Boundary File. Please note that the > Unrestricted Use agreement is the appropriate licence for this product. > Therefore the use of this product goes beyond "personal use" as noted in the > Unrestricted Use agreement. > > The PDF statement that you mention is related to the Geography Catalogue of > products and Services as well as the User Guide. These are simply > information products. We do understand how this could confuse a user. We > will see how best we can resolve this in order to avoid any confusion. > > Please do not hesitate to contact me for further information. > > Regards, > > Margaret Clement > Manager, Pricing and Licensing / Gestionnaire, Tarification & octroi de > licenses > Client Services Division / Division des services à la clientèle > R.H. Coats Building / Immeuble R.-H.-Coats | Floor / Étage 9 F > (613) 951-2098 | facsimile / télécopieur (613) 951-1134 > [email protected] > Statistics Canada | 100 Tunney's Pasture Driveway Ottawa ON K1A 0T6 > Statistique Canada | 100, promenade Tunney's Pasture Ottawa ON K1A 0T6 > Government of Canada | Gouvernement du Canada > > > > > > > -----Original Message----- > From: [email protected] [mailto:[email protected]] On Behalf Of Sam > Vekemans > Sent: June 24, 2010 4:42 AM > To: [email protected] > Subject: OpenStreetMap.org use of 2010 Census Subdivision Boundary File > > > Attention Minister of Industry, > > I'm wondering you can help here. I copied the 2 licences below which > are found on the same PDF, yet these seem to contradict eachother. The 1st > one said that the data can only be used for 'personal use only' where the > 'Unrestricted use' says that it can be used in any way, as long as it says > where the data came from. > > The latter is much preferred for when using it in OpenStreetMap.org > > Currently, we have the option of using the Natural Resources Canada PDF & > geoTIFF maps, which contain some of this boundary data > information (albeit older), and trace from it. As the Natural > Resources Canada licence is clear that it is 'Unrestricted End-User licence' > where we just need to say that it originally came from NRCan, and that is > all that is needed. > > Ideally, it would be great to simply convert the .shp file into .osm > format (which i have already done), and then copied a sample into > OpenStreetMap to take a look at how it looks on the map. > > However, once i opened up the PDF and saw this contradiction in licence > terms, i immediatly removed the data, as i wanted to check with you 1st to > see which of these 2 licences below are the more accurate one and how do > they apply. > > Sincerly, > Sam Vekemans > Across Canada Trails > OpenStreetMap Canada contributor, > Victoria, BC > 250 588 9041 > > > *** > © Minister of Industry, 2010 > All rights reserved. The content of this electronic publication may be > reproduced, in whole or in part, and by any means, without further > permission from Statistics Canada, subject to the following > conditions: that it be done solely for the purposes of private study, > research, criticism, review or newspaper summary, and/or for non-commercial > purposes; and that Statistics Canada be fully acknowledged as follows: > Source (or "Adapted from", if appropriate): Statistics Canada, year of > publication, name of product, catalogue number, volume and issue numbers, > reference period and page(s). Otherwise, no part of this publication may be > reproduced, stored in a retrieval system or transmitted in any form, by any > means-electronic, mechanical or photocopy-or for any purposes without prior > written permission of Licensing Services, Client Services Division, > Statistics Canada, Ottawa, Ontario, Canada K1A 0T6. April 2010 > **** > > *** > Unrestricted use licence agreement for Statistics Canada's > 2010 Census Subdivision Boundary File > This is a legal agreement between you, hereinafter referred to as the > "Licensee," and Her Majesty the Queen in Right of Canada (Canada) as > represented by the Minister of Industry (Statistics Canada), hereinafter > referred to as the "Licensor." 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. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST > IMMEDIATELY DISPOSE OF ANY SUCH DATA, INFORMATION, MATERIALS AND ANY DERIVED > PRODUCTS. I WHEREAS the Licensor is the owner or licensee of intellectual > property rights in and to digital data contained in the database known as > the 2010 Census Subdivision Boundary File; II AND WHEREAS the Licensee > wishes to obtain certain rights to the Data, in accordance with the terms > and conditions herein contained; III AND WHEREAS the Licensor wishes to > grant to the Licensee certain rights to the Data, in accordance with the > terms and conditions herein contained; IV AND WHEREAS the Licensor > represents that it has full authority to grant the rights desired by the > Licensee on the terms and conditions herein contained; V 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 "Agreement" means this Unrestricted Use Licence Agreement and all > schedules annexed to this agreement, as the same may be amended from time to > time in accordance with the provisions hereof. 1.2 "Data" means any original > and fixed digital data (i.e., that is transmitted electronically), metadata, > software or documentation licensed pursuant to the terms and conditions of > this Agreement. 1.3 "Derived Products" means any product or service created > from, or made functional through, the use of all or part of the Data. 1.4 > "Intellectual Property Rights" means any and all intellectual property > rights recognized by the law, including any intellectual property right > protected through legislation. 1.5 "Licensor's Data" means that Data, the > Intellectual Property Rights of which vest with the Licensor 1.6 "Licensor's > Licensed Rights" means those rights conferred upon the Licensor by third > parties over the use of Data which is not the Licensor's Data. 1.7 > "Modifications" means any modification, enhancement, translation, update or > upgrade of all or any part of the Data, in any medium. Census Subdivision > Boundary File, Reference Guide, 2010 Statistics Canada 30 Catalogue no. > 92-162-G 2.0 Intellectual property rights 2.1 All title and Intellectual > Property Rights in and to the Licensor's Data shall at all times remain the > property of the Licensor. All title and Intellectual Property Rights in and > to theData that is not the Licensor's Data are the property of the > respective content owners and may be protected by copyright, other > intellectual property laws, common law or international treaties. 3.0 > Licence grant 3.1 Subject to this Agreement, the Licensor hereby grants to > the Licensee a non-exclusive, world-wide, non-assignable, royalty-free right > and licence to exercise such of the Licensor's Licensed Rights and such of > the Licensor's Intellectual Property Rights in the Data as is necessary to > use, reproduce, extract, modify, translate, further develop, distribute the > Data, manufacture or cause to be manufactured and sell or license or cause > to be sold or licensed Derived Products, and to sub-licence any or all of > such rights, PROVIDED: > (i) all reproductions of the Data shall carry the notices and metadata > information set out in section 4 hereof and the provisions contained in > sections 5, to be amended in such circumstances by replacing the term > "Licensor" as found in the aforementioned provisions with the Licensor's > applied title or any such designation as the Licensor may indicate; and > (ii) all distribution of the Data or licensing by the Licensee of Derived > Products containing the Data, and any sub-licence by the Licensee of its > rights hereunder, shall be evidenced in writing, shall be on the same terms > and conditions as contained herein and shall specifically include the > provisions contained in sections 4, 5 and 6.2 hereof, to be amended in the > circumstances by replacing in such agreements the term "Licensor" as found > in the aforementioned provisions with the Licensor's applied title or any > such designation as the Licensor may indicate. 3.2 The Intellectual Property > Rights arising from any Modifications or from the manufacture of Derived > Products, effected by or for the Licensee, shall vest in the Licensee or in > such person as the Licensee shall decide. 4.0 Acknowledgement of source and > incorporation of metadata 4.1 The Licensee shall include the following > notice where any of the Data is contained within Derived Products, > Source: Geography Division, Statistics Canada, 2010 Census Subdivision > Boundary File, 92-162-XWE, 92-162-XWF The incorporation of data sourced from > Statistics Canada within this product shall not be construed as constituting > an endorsement by Statistics Canada of such product or any other notice > deemed appropriate by the Licensor. 4.2 The Licensee shall reproduce, > include and maintain the following notice on all reproductions of the > Licensor's Data produced pursuant to Section 3 above: Reproduced with the > permission of Statistics Canada 4.3 The Licensee shall incorporate in all > reproduction and downstream distribution of the Data all metadata included > by the Licensor in the provision of the Data. Census Subdivision Boundary > File, Reference Guide, 2010 Statistics Canada 31 Catalogue no. 92-162-G 5.0 > Representations, warranties, indemnities 5.1 The Licensor makes no > representation or warranty of any kind with respect to the accuracy, > usefulness, novelty, validity, scope, completeness or currency of the Data, > at any time and from time to time, and expressly disclaims any implied > warranty of merchantability or fitness for a particular purpose of the Data. > The Licensor does not ensure or warrant compatibility with past, current or > future versions of computer software to access the Data. 5.2 The Licensee > acknowledges having received notice of the disclaimer set out above and > accepts the Data on an "as is" basis, without representations or warranties > of any kind. No oral or written information or advice given by the Licensor, > at any time or from time to time, shall create or evidence, or be deemed to > create or evidence, a contractual representation, warranty or guarantee of > any kind. 5.3 The Licensee shall have no recourse against the Licensor, its > officers, directors, employees, authorized agents and contractors, whether > by way of any suit or action or other, 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 or arising out of the exercise by > the Licensee of its rights hereunder. 5.4 The Licensee shall indemnify the > Licensor, its officers, directors, employees, authorized agents and > contractors from all claims whatsoever alleging loss, costs, expenses, > damages or injuries (including injuries resulting in death) arising out of > the Licensee's possession or use of the Data or the exercise by the Licensee > of its rights hereunder. 5.5 The Licensee's obligation to indemnify the > Licensor, its officers, directors, employees, authorized agents and > contractors, under this Agreement shall not affect or prejudice the Licensor > from exercising any other rights under law. 5.6 The provisions of this > Article shall survive termination of this Agreement. 6.0 Termination 6.1 > This Agreement may be terminated > (i) automatically and without notice, if the Licensee commits or permits a > breach of any of its covenants or obligations under this Agreement; > (ii) upon written notice of termination by the Licensee at any time, and > such termination shall take effect thirty (30) days after the receipt by the > Licensor of such notice; or > (iii) upon mutual agreement of the parties. > 6.2 Upon termination of this Agreement, for whatever reason, the Licensee's > rights under section 3 shall immediately cease; and all obligations of the > Parties which expressly or by their nature survive termination shall > continue in full force and effect subsequent to and notwithstanding such > termination, until they are fully satisfied or by their nature expire. For > greater clarity, but without restricting the generality of the foregoing, > the following provisions survive termination of this Agreement: > - section 5 (representations, warranties, indemnities) > 6.3 Notwithstanding subsections 6.1 and 6.2 above, the Licensee may continue > to use the Data for the purpose of completing orders of Derived Products > made before the termination date of this Agreement 6.4 Notwithstanding the > termination of this Agreement, all agreements entered into by the Licensee > in the exercise of its rights under section 3 thereof prior to such > termination and all obligations imposed therein shall continue in full force > and effect subject to their terms. Census Subdivision Boundary File, > Reference Guide, 2010 Statistics Canada 32 Catalogue no. 92-162-G 7.0 > Generalities 7.1 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. 7.2 Entirety of Agreement > This Agreement hereto constitute 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. 7.3 Alternate Dispute Resolution If a dispute arises > concerning this Agreement, or if a proposed modification of any term of this > Agreement cannot be agreed between the parties, the parties shall attempt to > resolve the matter first by negotiation. If the parties have not succeeded > in negotiating a resolution, then they shall jointly submit the dispute to a > mutually accepted mediator. If the parties cannot agree on an acceptable > mediator, then either party may submit the dispute to binding arbitration. > The arbitral tribunal shall be governed by the UN Commercial Arbitration > Code (the "Code"), referred to in the Commercial Arbitration Act, R.S.C > 1985, c. C-4.6, and judgment upon the award rendered by the arbitral > tribunal may be entered in any court having jurisdiction over the matter. > The arbitral tribunal shall consist of one arbitrator chosen by the parties. > Subject to the Code, the parties agree that the award and determination of > the arbitral tribunal shall be final and binding on both parties, shall be > without right of appeal and shall be the exclusive remedy between the > parties regarding any claims, counterclaims, issues or disputes presented to > the arbitral tribunal. Costs The Parties shall bear the costs of the > mediation equally, except that each party shall bear its own personal costs > of the mediation. The costs of the arbitral tribunal's fees and expenses > shall be shared equally by the parties. The parties shall bear their own > personal costs except that the losing party shall pay all costs, fees, > levies and taxes arising from and necessitated by the enforcement of the > arbitral tribunal's award, including, without limitation, registration, > enforcement charges or other judicial levies or costs. 7.4 No Joint Venture > The Parties expressly disclaim any intention to create a partnership, joint > venture or joint enterprise. The Parties acknowledge and agree that nothing > contained in this Agreement nor any acts of any party shall constitute or be > deemed to constitute the parties as partners, joint ventures or principal > and agent in any way or for any purpose. No Party has the authority to act > for, or to assume any obligation or responsibility on behalf of the other > Party. The relationship between the Parties is intended to be, and shall at > all times be construed as that of licensor and licensee. 7.5 No Waiver No > condoning, excusing or overlooking by the Licensor of any default by the > Licensee, at any time or times, in performing or observing any of the > Licensee's obligations hereunder, will operate as a waiver, renunciation, > surrender of or otherwise affect the rights of the Licensor in respect of > any continuing or subsequent default. No waiver of these rights will be > inferred from anything done or omitted by the Licensor, except by an express > waiver in writing. Census Subdivision Boundary File, Reference Guide, 2010 > Statistics Canada 33 Catalogue no. 92-162-G 7.6 Order of Precedence If there > is a conflict or ambiguity between this Agreement proper and any schedules > thereto, the interpretation consistent with this Agreement proper (taking > into consideration the statements in the recitals and headings) shall > prevail and apply, notwithstanding any wording to the contrary in the > applicable schedule. 7.7 Notices The Licensor assumes no obligation or > liability whatsoever for the provision of updates to the Data or the > provision of notices in relation thereto to the Licensee. Any use whatsoever > of this data product shall constitute your acceptance of the terms of this > agreement. For further information please contact: Licensing Services Client > Services Division, Statistics Canada 9th Floor, R.H. Coats Building 100 > Tunney's Pasture Driveway Ottawa, Ontario K1A 0T6 Canada > E-mail: [email protected] > Telephone: 613-951-1122 > Fax: 613-951-1134 > *** > > > Twitter: @Acrosscanada > Blogs: http://acrosscanadatrails.posterous.com/ > http://Acrosscanadatrails.blogspot.com > Facebook: http://www.facebook.com/sam.vekemans > Skype: samvekemans > IRC: irc://irc.oftc.net #osm-ca Canadian OSM channel (an open chat room) > @Acrosscanadatrails > -- Twitter: @Acrosscanada Blogs: http://acrosscanadatrails.posterous.com/ http://Acrosscanadatrails.blogspot.com Facebook: http://www.facebook.com/sam.vekemans Skype: samvekemans IRC: irc://irc.oftc.net #osm-ca Canadian OSM channel (an open chat room) @Acrosscanadatrails _______________________________________________ Talk-ca mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk-ca
