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Disclaimer and Copyright

The digital data and software supplied on this CD-ROM are subject to the licence conditions (the contents of the \LICENCE.TXT file on this CD-ROM are reproduced below). It is supplied on the understanding that it is for the sole use of the licensee, and will not be redistributed in any form, in whole or in part, to third parties.

Any references to proprietary software in the documentation, and/or any use of proprietary data formats in this release does not constitute endorsement by the Geological Survey of Canada of any manufacturer's product.

Licence agreement for digital products

THIS is a legal Agreement between you, the "End-User", and HER MAJESTY THE QUEEN IN RIGHT OF CANADA ("Canada"), represented by the Minister of Natural Resources regarding the terms and conditions of the use of the Digital Products. BY ACCESSING THE DIGITAL PRODUCT FOLLOWING THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

WHEREAS Canada is the owner of the proprietary rights in the data ("Data") and the computer program ("Software"), which are referred to collectively as "Digital Products", delivered with this Agreement;

WHEREAS the End-User wishes to obtain the right to use the Digital Products;

AND WHEREAS Canada is prepared to license the End-User the right to use the Digital Products for the End-User's own internal use subject to the terms and conditions hereinafter set forth;

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

1. The End-User acknowledges that the Digital Products are protected under the Copyright Act of Canada.

2. The Digital Products are licensed, not sold, to the End-User for use subject to the terms and conditions of this Agreement. Canada retains all ownership interests in the Digital Products.

3. The End-User shall use the Digital Products only on a single computer. The End-User must obtain a supplementary licence from Canada before using the Digital Products in connection with systems, multiple central processing units, computer networks, or emulations on a mainframe or minicomputer.

4. The End-User shall not decompile, disassemble, reverse engineer, create a derivative work, reverse translate or in any other way derive any source code from the Software.

5. The End-User shall not duplicate or reproduce the Digital Products, in whole or in part, in any form or format whatsoever without the prior written consent of Canada.

6. The End-User shall not sell, loan, lease, distribute, transfer or sublicense the Digital Products or otherwise assign any rights under this Agreement to any third party without the prior written consent of Canada.

   The SurView application supplied on this CD-ROM is under Crown copyright. It is supplied on the understanding that it is for the sole use of the purchaser and is not to be distributed in any form to third parties. In acknowledging receipt of the SurView application, the purchaser undertakes to abide by the foregoing legal requirements implicit in the purchase.

7. If the End-User wishes to make a copy of the Digital Products for internal use, written authorization for such a copy must be obtained from Canada prior to any copies being made and a royalty fee will be charged for each additional copy of the Digital Products made by the End-User.

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

9. 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 End-User's use or possession of the Digital Products or in any way relating to this Agreement. Canada shall not be liable in any way for loss of profits or contracts, or any other consequential loss of any kind resulting from the End-User's use or possession of the Digital Products or in any way attributable to this Agreement.

10. The End-User shall indemnify and save harmless Canada and its Ministers 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 End-User's use or possession of the Digital Products or in any way relating to this Agreement.

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