EAST VIEW GEOSPATIAL, INC. LICENSE AGREEMENT FOR RASTER & VECTOR GEOSPATIAL DATASETS
SCOPE OF LICENSE; ACCESS
Definitions of Authorized Users Full and part time students, Alumni, faculty and employees (including permanent, temporary, contract or visiting appointments) and researchers associated with the Licensee, regardless of the physical location of such persons. Individuals not affiliated with Licensee who are physically present at Licensee’s sites (also known as “walk-in users”) shall be deemed to be Authorized Users under the terms and conditions of this Agreement.
Authorized Uses. Licensee’s Authorized Users may make all use of the Licensed Materials that is consistent with Canadian copyright law.
Terms of Access. Access by Licensee’s Authorized Users to the Licensed Materials is hereby granted via EVGeocloud web application, provided Licensee limits access only to Authorized Users.
The Licensed Materials may be used for research, education or other non-commercial use as follows:
Display. Authorized Users shall have the right to electronically display the Licensed Materials.
Digital and Print Copies. Authorized Users may download, print, and digitally copy or otherwise reproduce by photocopies a reasonable portion of the Licensed Materials.
Collections of Information. Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
Resource Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale. Authorized Users also have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized User’s own scientific, scholarly and educational works.
Scholarly Citation. Authorized Users may use, with appropriate credit, figures, tables, and brief excerpts from the Licensed Materials in the Authorized User’s own scientific, scholarly, and educational works. Authorized Users may self-archive or deposit in perpetuity in a relevant data repository excerpts from the Licensed Materials used in connections with the Authorized User’s work, and to comply with grant or institutional requirements for depositing data associated with the work.
Text and Data Mining. Authorized Users may use the Licensed Materials to perform and engage in Text and Data Mining (TDM) activities for academic research, scholarship, and other educational purposes, utilize and share the results of TDM in their scholarly work, and make the result available for use by others, so long as the purpose is not to create a product for use by third parties that would substitute for the Licensed Materials. Text and Data Mining means a machine process by which information may be derived by identifying patterns and trends within natural language through text categorization, statistical pattern recognition, concept or sentiment extraction, and the association of natural language with indexing terms.
Derivatives. Authorized Users may selectively extract datasets from the Licensed Materials; translate, adapt, alter, transform, modify or arrange data; and electronically converge and merge additional datasets in the most appropriate form for their work. Broadly distributed derivative works must be created in such a way that they cannot be converted back to original source data. Authorized Users will retain ownership of all derivative works. Derivative works may be included in scholarly research and may be displayed/presented as permitted by the limitations and exceptions of the Canadian Copyright Act. Derivative works shall include proper citation of the original Licensed Materials as a source.
Persons with Visual, Perceptual or Physical Disabilities. Licensed Materials must be provided in an Accessible Format. Without limiting the previous sentence, in the event that any Licensed Materials are not in Accessible Format, the Licensee shall have the right to modify or copy the Licensed Materials in order to make it useable to Authorized Users within the scope of this Agreement. Accessible Formats means content in a format that is perceivable and operable by persons with visual, perceptual or physical disabilities and be useable with assistive devices such as screen readers and screen reading software.
SPECIFIC RESTRICTIONS ON USE OF LICENSED MATERIALS
Unauthorized Use. Licensee shall not knowingly permit access by anyone other than Authorized Users to the Licensed Materials and will take all reasonable measures to prevent any unauthorized use.
Commercial Purposes and Proprietary Rights. Other than as specifically permitted in this Agreement, Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form. Licensee acknowledges that they have no vested rights to the Licensed Materials other than as set forth herein.
Specific Restrictions. Licensee is prohibited from doing any of the following:
- Internet Website. Licensee may not post to, upload, or otherwise make available the Licensed Materials on a publicly accessible internet website (http, ftp, etc.), for any reason.
- Third parties, commercial service providers. Licensee may not make the Licensed Materials available to any outside vendor or third party, for purposes of commercial services (such as indexing, archiving, etc.), or for any other reason.
LIMITATIONS ON WARRANTIES
Notwithstanding anything else in this Agreement:
Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials.
Except as stated above, Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Licensor will have no liability to any person for any loss or damage arising out of use of, or inability to use the Licensed Materials.
Except for the express warranties stated herein, the Licensed Materials are provided on an “as is” basis, and Licensor disclaims any and all other warranties, conditions, or representations ( express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
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