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Licenses: City of PeterboroughOpen Data Terms of UseIntroductionIn furtherance of its commitment to its open data policies, the City of Peterborough (the "City") makes a number of data sets available for use, subject to these Terms of Use (each an "Open Dataset"). For the purposes of these Terms of Use, the word "you" means the individual accessing one or more of the Open Datasets, and, if applicable, includes any other legal entity on behalf of which the individual is accessing the Open Datasets (for example, an employer). Unless you have the authority to bind that legal entity to these Terms of Use, do not access or use any Open Dataset on its behalf.Making datasets availableYou acknowledge that the City may add and remove datasets from the Open Datasets from time to time and without notice to you. When the City removes a dataset from the Open Datasets, no further licenses will be granted for it pursuant to these Terms of Use, but any licenses that already exist will still exist.Your use of the Open DatasetsSubject to these Terms of Use, the City grants to you a non-exclusive, non-transferable, license to copy and use the unmodified Open Datasets for any lawful purpose and without any restrictions as to the media in which they are embodied. You will not attempt to derive any personal information from any Open Dataset or by combining any data from it with data from any other source.Your distribution of the Open DatasetsYou may distribute any Open Dataset if the following conditions are met:You do not use the City of Peterborough's name to endorse or promote any products or services derived from, that rely upon or use the Open Dataset without the express prior written permission to do so from the City of Peterborough (which permission may be revoked by the City of Peterborough at any time by sending you an email stating that it is revoked to the email address that you provided to the City when you requested the permission);You retain in the Open Dataset any copyright or other proprietary rights notices (for example, "Copyright 2017, The City of Peterborough (All rights reserved.)"); andYou draw the recipient of the Open Dataset's attention to the following terms, provide a copy of the following terms with the Open Dataset and obtain the recipient's agreement to abide by them:"All intellectual property and other rights in and to the Dataset belong to the City of Peterborough."The Dataset is provided by the City of Peterborough "as is" and any express or implied warranties, representations or conditions relating to the Dataset, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed in no event shall the City of Peterborough be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of or relating to the use of the Dataset, even if advised of the possibility of such damage.Subject to these Terms, you may use and copy the unmodified Dataset for any lawful purpose that does not involve distributing the Dataset, provided that your use or copying of the Dataset is not: (i) harmful to the City or anyone else; or (ii) subject to any claim or potential claim that it infringes on any third party's proprietary or other rights. You may not distribute the Dataset without agreeing to be bound by City of Peterborough's Terms of Use.Other than as expressly set out in this section, you may not: (i) grant a sublicense to the Open Dataset; or (ii) impose further restrictions on the recipient's use of the Open Dataset. Except as expressly set out in these Terms of Use, all rights in and to the Datasets are reserved by the City of Peterborough.ComplianceIn all your activities relating to any products or services that are derived from or rely upon or use any Open Dataset (including without limitation creating, marketing, selling or distributing them), you will comply with all applicable laws and regulations in effect in Ontario, Canada and in the jurisdiction in which you conduct those activities.Suspension and terminationIf the City (acting reasonably) believes that one of the following reasons exists, the City may suspend or terminate the licenses granted to you pursuant to these Terms of Use to use, copy and distribute any or all Open Datasets: (i) you have breached these Terms of Use; (ii) your use of any Open Dataset may be harmful to the City or anyone else; or (iii) a third party has claimed or may claim that your use of the Open Dataset infringes any of its intellectual property or other proprietary rights. The City may do so by sending an email informing you of the termination to any email address that you provided to the City when downloading any Open Dataset. During any suspension of them, you may not use; copy or distribute the Open Datasets. If the licenses are terminated, you may not use; copy or distribute the Open Datasets. If the termination of the licenses is for breach of any section of these Terms of Use other than the section entitled "Your distribution of the Open Datasets", the licenses that you granted to third parties pursuant to that section will remain in effect so long as the third parties are in compliance with the terms for recipients set out in that section. Otherwise, the third parties' licenses will terminate when your licenses terminate. A suspension of the licenses will not result in the suspension or termination of any license granted by you to a third party in accordance with the section of these Terms of Use entitled "Your distribution of the Open Datasets".No warranty with datasetsThe Open Datasets (however embodied or represented) are provided to you by the City "as is" and any express or implied warranties, representations or conditions relating to the Open Datasets, including, but not limited to, any warranty of accuracy and the implied warranties of merchantability and fitness for a particular purpose are disclaimed. Without limiting the previous sentence, you get no warranties, no warranty of accuracy, no warranty of consistency with the source data initially generated or collected by the City for its internal uses, none of any kind. This does not change even though the City does make reasonable efforts to provide accurate and consistent data when preparing the Open Datasets.IndemnityYou agree to indemnify the City (its representatives and suppliers) and hold them harmless from any and all claims and expenses, including legal fees, arising from or relating to your use or misuse of any Open Dataset or from any breach by you of these Terms of Use. For greater clarification and without limiting the previous sentence, if the City gets sued or is required to pay someone money because of something you did or didn't do with an Open Dataset, you agree to reimburse the City for everything which you cause the City to suffer.Exclusion of liabilityIn no event shall the City be reliable for any direct, indirect , incidental, special, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort ( including negligence or otherwise) arising in any way out of or relating to the use of any dataset provided by the City or these Terms of Use, even if advised of the possibility of such damage. If the City is precluded by Law from excluding all damages relating to the datasets or these Terms of Use, the City's total liability to you in connection with any direct, indirect, incidental, special or consequential damages will be limited to $50. The City will not be liable for any failure or delay in its performance under these Terms of Use due to any cause beyond the City's reasonable control.No associationYou may not use any trade-mark, official mark, official emblem or logo, of the City, or any of its other references or means of promotion or publicity without the City's prior written consent nor in any event to represent or imply an association or affiliation with the City.AgreementThese Terms of Use constitute the complete and exclusive agreement between you and the City with respect to the Open Datasets. No other current or earlier discussions, negotiations, understandings and agreements, written and oral, apply. Should any provision of these Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect The headings used in these Terms of Use are for convenience of reference only.No waiverNo provision of these Terms of Use will be deemed to be waived by reason of any previous failure of the City to enforce it. No provision of these Terms of Use may be waived except in a writing signed by the party waiving enforcement.Applicable lawThe Open Datasets are published from within the Province of Ontario, Canada. These Terms of Use shall be interpreted, performed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein. You agree to submit to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms.NoticesThe City will provide all notices through its public portal including this Terms of Use or the Open Datasets, the notice will not be sent by email or physical courier. Any notice that you wish to give to the City should be sent by email to [email protected] ; or by mail to the City and be clearly addressed to the attention of: "City Chief Administrative Officer" and labelled as "Regarding Open Data".Future changes to the Terms of UseThe City may change these Terms of Use from time to time. When the City changes the Terms, the City will: (i) post the updated version of these Terms of Use on the primary web site from which the Open Datasets may be downloaded together with the date on which they were revised; and (ii) on the page listing the available Open Datasets for at least four weeks following any change to these Terms of Use post a notice that these Terms of Use have been updated. As well, the City may, but is not obliged to, ask you to actively confirm your consent to the revised Terms of Use. If City does not do so, but you continue to use any Open Dataset after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms of Use. If you do not agree with the revised Terms of Use without qualification, stop using all of the Open Datasets.AcknowledgementBy downloading any dataset, you are affirmatively stating that you have read and understood these Terms of Use and that you agree to be bound by them without qualification.If you have any questions or concerns regarding this Terms of Use, please contact the City by email at [email protected] .
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