On Sat, 16 Dec 2006 18:58:34 +0000 Dominic Hargreaves wrote:
> [please CC me on replies as I am not on the debian-legal list]
Done!
>
> Hi,
>
> I'm packaging a mapping toolkit 'mapnik' [1] and while most of the
> software is LGPL or BSD-style, some test/demo data included is derived
> from data covered under this licence:
>
> http://geogratis.cgdi.gc.ca/geogratis/en/licence.jsp
When asking debian-legal to review a license, quoting its full text is
always recommended practice (so that the analyzed license is kept in the
archives for future reference).
The license under question is therefore fully quoted below:
----------------------------------------------------------------------
GEOGRATIS LICENCE AGREEMENT FOR UNRESTRICTED USE OF DIGITAL DATA
This is a legal agreement between you ("Licensee") and Her
Majesty the Queen in Right of Canada ("Canada"), as
represented by the Minister of Natural Resources Canada. 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.
1. WHEREAS Canada is the owner of the data (the "Data")
accessible pursuant to the terms and conditions of this
Agreement;
2. AND WHEREAS the Licensee wishes to obtain certain rights
to the Data, on terms and conditions herein contained;
3. AND WHEREAS Canada represents that it has full authority
to grant the rights desired by the Licensee on the terms
and conditions herein contained;
4. 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. "Canada's Data" means any and all Data, the Intellectual
Property Rights of which vest with Canada.
2. "Data" means any digital data, meta-data, or
documentation subject to the terms and conditions of
this Agreement.
3. "Derivative Products" means any product, system,
sub-system, device, component, material or software that
incorporates or uses any part of the Data.
4. "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
1. Subject to this Agreement, Canada hereby grants to the
Licensee a non-exclusive, fully paid, royalty-free right
and licence to exercise all Intellectual Property Rights
in the Data. This includes the right to use,
incorporate, sublicense (with further right of
sublicensing), modify, improve, further develop, and
distribute the Data; and to manufacture and / or
distribute Derivative Products.
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
1. Use of the Data shall not be construed as an endorsement
by Canada of any Derivative Products. The Licensee shall
identify the source of the Data, in the following
manner, where any of the Data are redistributed, or
contained within Derivative Products:
"© Her Majesty the Queen in Right of Canada, Department
of Natural Resources. All rights reserved."
4.0 WARRANTY, LIABILITY, INDEMNITY
1. Canada 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. Canada does not ensure or warrant
compatibility with past, current or future versions of
any browser to access the site's Data.
2. The Licensee shall have no recourse against Canada,
whether by way of any suit 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.
3. The Licensee shall indemnify Canada and its officers,
employees, agents and contractors from all claims
alleging loss, costs, expenses, damages or injuries
(including injuries resulting in death) arising out of
the Licensee's possession or use of the Data.
4. The Licensee shall license all persons or parties 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 that agreement shall impose upon
these persons or parties the same terms and conditions
as those contained in section 4.0 of this Agreement.
5. 4.4 The Licensee's liability to indemnify Canada under
this Agreement shall not affect or prejudice Canada from
exercising any other rights under law.
5.0 TERM
1. This Agreement is effective as of the date and time of
acceptance (Eastern Time) and shall remain in effect for
a period of one (1) year, subject to subsection 5.2 and
section 6.0 below.
2. At the end of the first term, this Agreement shall
automatically be extended for successive one (1) year
terms, subject to section 6.0 below.
6.0 TERMINATION
1. Notwithstanding section 5.0, this Agreement shall
terminate:
1. automatically and without notice, if the Licensee
commits or permits a breach of any of its covenants
or obligations under this Agreement;
2. upon written notice of termination by the Licensee
at any time, and such termination shall take effect
thirty (30) days after the receipt by Canada of
such notice; or
3. upon mutual agreement of the parties.
2. Upon the termination for whatever reason of this
Agreement, the Licensee's obligations under section 4.0
shall survive; and the Licensee's rights under section
2.0 shall immediately cease.
3. 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.
7.0 GENERAL
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.
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.
3. Dispute Resolution
If a dispute arises concerning this Agreement, the
parties shall attempt to resolve the matter by
negotiation.
----------------------------------------------------------------------
Last updated: 2006-05-02
--
But it is also tradition that times *must* and always
do change, my friend. -- from _Coming to America_
..................................................... Francesco Poli .
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