As an example of the extremely proprietary license agreements used by the Canadian Government for works under crown copyright that should be in the public domain, I am including the license agreement that came with the "Postal Codes by Federal Ridings (2003 Representation Order) File (PCFRF)" that I wrote about earlier in this BLOG.
END-USE LICENSE AGREEMENT
COPYRIGHT
The Government of Canada (Statistics Canada) is the owner or a licensee of all intellectual property rights (including copyright) in this data product. In consideration of your payment of the requisite fee, you or your organization, as the case may be, (hereinafter referred to as the "licensee") are granted a non-exclusive, non-assignable and non-transferable license to use this data product subject to the terms below. This license is not a sale of any or all of the rights of the owners(s).
TERMS OF USE
- All copyright and proprietary notices and all conditions of use associated with the data product must be communicated to all users of the data product.
- The licensed organization shall not transfer this data product to or store the data product in any electronic network for use by more than three (3) users unless it obtains prior written permission from Statistics Canada and pays any additional fees.
- The licensee shall not lend, rent, lease, or sub-license, transfer or sell any part of the data product nor any right granted under this agreement to any person outside the licensed organization or to any other organization.
- The licensee shall not disassemble, decompile or in any way attempt to reverse engineer any software provided as part of the data product.
- The licensee shall not use any part of the data product to develop or derive any other data product or data service for distribution or commercial sale.
- The licensee is granted reasonable rights to use the content of this data product only for personal, corporate or public policy research, as well as for educational purposes. The permission includes the use of the content in analysis and the reporting of results and conclusions, including the citation of limited amounts of supporting data extracted from the data product in such documents. In such cases, the source of the data must be acknowledged in all such documents and communications by providing the following source citation at the bottom of each table and graph:
Source (or "Adapted from", if appropriate): Statistics Canada, name of product, catalogue number of product, reference data of product.
- The Licensee shall obtain approval from Statistics Canada, before publishing any significant volumes of material extracted from the data product in any medium.
- Any violation of the license renders it void and of no effect. This agreement will terminate automatically without notice if the licensee fails to comply with any term of this agreement. In the event of termination, the licensee must immediately return the data product to Statistics Canada or destroy it and certify this destruction in writing to Statistics Canada.
WARRANTIES AND DISCLAIMERS
This data product is provided "as-is", and Statistics Canada makes no warranty, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. In no event will Statistics Canada be liable for any direct, special, indirect, consequential or other damages however caused.
ACCEPTANCE OF TERMS
It is YOUR RESPONSIBILITY to ensure that your use of this data product complies with these terms and to seek prior written permission from Statistics Canada for any uses not permitted or not specified in this agreement. Any infringement of Statistics Canada's rights may result in legal action.
ANY USE WHATSOEVER OF THIS DATA PRODUCT SHALL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT
For further information please contact:
Licensing Services
Marketing Division, Statistics Canada
R.H. Coats Building, 9th floor, section A
Ottawa, Ontario K1A 0T6, Canada
E-Mail: licensing@statcan.ca
Telephone: (613) 951-1122
Fax: (613) 951-1134
