CMHC Licence Agreement for the Use of DataThe following terms and conditions govern your use of CMHC data, time series data, and any other Information that CMHC makes available to you. By using the Information you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Information. Terms and ConditionsThis agreement is between Canada Mortgage and Housing Corporation (“CMHC”) and you (an individual or a legal entity that you are authorized to represent) (“you”). CMHC may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on the CMHC website, unless the posting specifies otherwise. Your use of the Information will be governed by the terms and conditions in force as of the date and time you accessed the Information. DefinitionsThe "Information" includes any data files, data bases, tables, time series, publications, custom data tabulations, graphs, maps and text for which CMHC is the creator and owner or in which CMHC holds intellectual property rights and made available to you in accordance with this agreement. “Value-added Products” means any products you have produced by adapting or incorporating the Information, in whole or in part, in accordance with this agreement. Availability of the InformationCMHC may make the Information available to you via its website or other media at its sole discretion. CMHC does not guarantee the availability of the Information at any particular time or via any particular media. Licence GrantSubject to any limitations set out in this agreement or otherwise communicated to you by CMHC, CMHC grants you a revocable worldwide, royalty-free, non-exclusive licence to:
In doing any of the above, you shall:
You shall not:
CMHC reserves its right to require at any time that any use of the Information be limited or discontinued. If CMHC notifies you of such a requirement, you agree to comply with the notice immediately. RedistributionYou are permitted to redistribute the Information to other individuals or entities, provided that such individuals or entities agree to be bound by these terms and conditions. Intellectual Property RightsIntellectual property rights in the Value-added Products, being any and all intellectual property rights recognized by the law, shall vest in you or in such person as you shall decide or as determined by law. Nothing in this agreement is intended to alter any pre-existing intellectual property rights. All Intellectual property rights that CMHC holds in the Information shall remain the property of CMHC. All intellectual property rights that third parties may have in the Information shall remain their property. Acknowledgment of Source
Advertising and PublicityYou shall not include on any reproduction of the Information or any material relating to your Value-added Product, or elsewhere:
No Warranty and No LiabilityThe Information is licensed “as is”, and CMHC makes no representations or warranties with respect to the Information, whether express or implied, in relation to the Information and expressly disclaims any implied warranty of merchantability or fitness for a particular purpose. None of CMHC, its officials, employees, representatives or successors will be responsible for errors or omissions in the Information and nor for any direct, indirect, special, incidental, consequential damages, no matter how they are caused, that you may suffer by reason of your possession, access to, or use of the Information. TermThis agreement is effective as of the date and time you access the Information and shall terminate immediately if you breach any of the terms of this agreement. Notwithstanding termination of this agreement:
SurvivalAll obligations that you assume under this agreement that are of an ongoing nature will continue in full force and effect following termination of the agreement. For greater clarity, but without limiting the broad application of the foregoing statement, the following provisions survive expiration or termination of this agreement: Intellectual Property Rights, Acknowledgment of Source, Advertising and Publicity and No Warranty and No Liability. Breach of the Terms and ConditionsYou recognize that in the event you breach the terms and conditions of this agreement, monetary damages that may be available to CMHC will not likely be adequate to restore CMHC’s rights in the intellectual property. You agree that CMHC may seek an injunction or similar remedy from a court to protect its rights in its intellectual property. Applicable LawThis agreement will be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the Federal Court of Canada in the event of a dispute. |
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