THIS is a legal Agreement between you, the "User" and HER MAJESTY THE QUEEN IN RIGHT OF CANADA ("Canada"), represented by the Minister of Natural Resources Canada ("Canada"). BY OPENING THE FILES DELIVERED WITH 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, PROMPTLY DISPOSE OF THE FILES AND ANY DERIVED PRODUCTS (including metadata, documentation, tables).

WHEREAS Canada is the owner of the proprietary rights in the digital data ("Data") delivered with this Agreement;

WHEREAS the User wishes to use the Data;

AND WHEREAS Canada is prepared to provide to the User a royalty -free right to use the Data subject to the terms and conditions hereinafter set forth;

NOW, THEREFORE, Canada and the User for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, covenant and agree as follows:

1. The User acknowledges that the Data is protected under the Copyright Act of Canada.

2. The Data is provided free of charge and royalty-free to the User, for use, subject to the terms and conditions of this Agreement. The User owns the disk(s) or tape(s) on which the Data is recorded, but Canada retains all ownership interests in the Data.

3. The User may:

   3.1.1.    Create new representations of these Data;
   3.1.2.    Select or arrange all of, or portions or features from these Data; and
   3.1.3.    Process, analyse or otherwise use these Data in the development of derived products;
   
   

4. The User may sell, lease, distribute and sublicense the Data contained in derived works and products referred to in Section 3. Data is not licensed for redistribution via the Internet without modification as noted in Section 3. Users are encouraged to come to the originating source to access the most current version of the data.

5. When using the Data in new representations, derived works and products, the User shall reference the source of information as: © 2003. Government of Canada with permission from Natural Resources Canada

6. The Data is provided on an "as is" basis and Canada makes no guarantees, representations or warranties respecting the Data, either expressed or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.

7. Canada shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the User's use or possession of the Data. Canada shall not be liable in any way for loss of revenue or contracts, or any other consequential loss of any kind resulting from any defect in the Data.

8. The User shall indemnify and save harmless Canada and its Ministers, officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the User's use or possession of the Data.

9. The parties agree that this agreement does not restrict Canada in any way from authorizing other parties to use the Data in the same kind of products or in different products.

10. This Agreement shall be interpreted in accordance with the laws in force in the Province of Ontario, Canada.