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Open Data Catalogue Licence

You are encouraged to use and re-use the Information that is available through the District of Saanich Open Data Catalogue, freely and flexibly, subject to the terms and conditions of this Licence.

Using Information under this Licence

  1. Your use of any Information indicates your acceptance of the terms and conditions below. Saanich may at any time, and from time to time, change the terms and conditions of this Licence without prior notice. Any change is effective
    immediately upon posting to the District of Saanich website, unless otherwise stated, and by using the Information you are agreeing to be bound by the version of this Licence current at the time of use.
  2. In consideration of your agreement with, and subject to the terms and conditions of this Licence, Saanich hereby grants you a worldwide, royalty-free, perpetual, non-exclusive Licence to use the Information.
  3. This Licence does not affect any other copyright exceptions and limitations available under the Copyright Act (Canada).
  4. This Licence does not give you any copyright or other proprietary interest in the Information.
  5. If you distribute or provide access to the Information to any other person, whether in original or modified form, you agree to include a copy of this Licence, or the Uniform Resource Locator (URL) for this Licence, and you agree to ensure that such other person agrees to and is bound by the terms and conditions of this Licence, but without introducing any further restrictions of any kind.
  6. You are free to:
    1. copy, publish, distribute and transmit the Information;
    2. adapt the Information; and
    3. exploit the Information commercially, for example, by combining it with other Information or by including it in your own product or application.
  7. You must:
    1. ensure that you do not use the Information in a way that suggests any official status or that Saanich endorses you or your use of the Information;
    2. ensure that you do not misrepresent the Information or its source; and
    3. ensure that your use and reproduction of the Information does not breach or infringe any applicable laws or industry standards.
  8. The requirements under section 7 above are important conditions of this Licence and if you fail to comply with them the rights granted to you under this Licence, or any similar Licence granted by Saanich, will end automatically.

Attribution

  1. Although you are not required to credit Saanich for each use or reproduction of the Information, you are entitled to do so and encouraged to conspicuously announce that the Information is publicly available from Saanich under the terms of this Licence. Upon the request of Saanich you may be required to remove a credit from future uses or reproductions should Saanich decide that such credit is not in the public interest.

Exemptions

  1. Despite any rights granted herein, this Licence does not apply to the use of:
    1. Personal Information;
    2. information or Records that are not accessible pursuant to the Freedom of Information and Protection of Privacy Act (B.C.);
    3. third-party rights Saanich is not authorized to Licence; and
    4. Information subject to other intellectual property rights, including patents, trade-marks and official marks, and design rights.

No warranty

  1. The Information is licensed ‘as is’, and Saanich excludes all representations, warranties, obligations and liabilities whatsoever, whether express or implied, in relation to the Information, its quality, accuracy, completeness, merchantability, or fitness for any purpose. Saanich is under no obligation to update or correct the Information, and the Information may be changed without notice.

Proprietary Rights

  1. You should assume that all of the Information is copyrighted whether or not indicated. All rights, title and interest (including without limitation all copyright, trademark, patent, and other intellectual property rights) with respect to the Information are reserved to and owned by Saanich, and remain vested in Saanich at all times. Saanich’s original copyright and other proprietary notices included with the District of Saanich Open Data Catalogue must remain intact at all times. Except as expressly provided in this Licence, Saanich does not grant to or confer on you, by implication or estoppel, any rights or Licence to any copyright, patent, trademark or any other intellectual property right in any of the Information.

Risk and Liability

  1. Your access to and use of the Information is at your own risk. You acknowledge that any use to which you put the Information is entirely dependent on the exercise of your own skill and judgment.
  2. Saanich, its elected and appointed officials, officers, employees, contractors and agents are 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, whether foreseeable or not, caused by your access to or use of the Information or inability to access or use the Information, including without limitation loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, or computer failure or malfunction whether resulting from a computer virus or otherwise, even if specifically advised of the possibility of such loss, injury or damage, and by using the Information you agree to waive any claim you may have, now or in the future, in relation to any of the foregoing.
  3. By using the Information you agree to indemnify and save harmless Saanich, its elected and appointed officials, officers, employees, contractors and agents from and against any and all claims, liabilities, losses, costs, demands, actions, payments, lawsuits, damages (including any direct, indirect, special, incidental, consequential, or other loss, injury or damage) and expenses, including legal fees on a solicitor and own client basis, arising out of or in any way connected with:
    1. your breach or violation of any of the terms and conditions of this Licence;
      or
    2. your use of the Information.

Governing Law

  1. This Licence is governed by the laws of British Columbia and Canada, and you now irrevocably submit to the exclusive jurisdiction of British Columbia courts with respect to any and all matters arising out of or in connection with this Licence or the Information.

Severability

  1. If any provision of this Licence shall be held unlawful, void, or for any reason unenforceable by a British Columbia court, then that provision shall be deemed severable from this Licence and shall not affect the validity and enforceability of any remaining provisions.

Cancellation

  1. Saanich may, in its sole discretion, cancel or suspend your access to the Information without notice and for any reason, including anything which Saanich, in its sole discretion, believes is a breach of the terms and conditions of this Licence or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to use or reproduce the Information, and Saanich may use any means possible to enforce its decision. Such cancellation or suspension will not affect any person who has the received the Information from you and who is otherwise in compliance with the terms and conditions of this Licence, and will not affect any accrued rights or liabilities of you or Saanich as of the time of cancellation or suspension.

Rights of Saanich Not Limited

  1. No failure or delay on the part of Saanich to exercise any right or remedy under this Licence will operate as a waiver of that right or remedy, and no single or partial exercise of any right or remedy by Saanich will limit the further exercise of that right or remedy or any other. The rights and remedies of Saanich under this Licence are cumulative and are not exclusive of any rights or remedies available at law or in equity.

Definitions

  1. In this Licence, the terms below have the following meanings:

    “Information” means information, data or a Record protected by copyright that is expressly made available under the terms of this Licence on or through the District of Saanich website.

    “Licence” means this District of Saanich Open Data Catalogue Licence and all terms and conditions contained within it, including any changes made to those terms and conditions by Saanich from time to time.

    “Personal Information”
    has the meaning set out in Schedule 1 of the Freedom of Information and Protection of Privacy Act (B.C.).

    “Record”
    has the meaning set out in section 29 of the Interpretation Act (B.C.).

    “Saanich”
    means the District of Saanich.

    “use”
    as a verb, means doing any act that is restricted by copyright, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format.

    “you” or “your”
    means the natural or legal person, or body of persons corporate or incorporate, as applicable, acquiring rights under this Licence.

 

Last modified: December 12, 2012