This End-User Licence (herein the “Licence”) is a legal agreement between you in your personal capacity and/or as an agent for your company, institution or other entity (herein the “User”) and the National Research Council of Canada (herein the “NRC”).
The NRC developed an open-source platform - that hosts life cycle inventories datasets (herein the “Datasets”) repositories for clean energy technologies in a Canadian context and provides embedded life cycle sustainability tools (herein the “Tools”) for online calculations - identified as Canadian Life Cycle Sustainability Assessment (LCSA) Data Hub (herein the “Data Hub”). The User agrees to be bound by the terms and conditions that follow for any access of the Data Hub by the User, including downloading, printing, or using any Datasets or Tools of the Data Hub.
1. GRANT OF LIMITED LICENCE
1.1 In consideration of the User's acceptance of the terms and conditions of this Licence, the NRC hereby grants to the User, and the User accepts, a no-cost, non-exclusive and limited licence to use the features of the Data Hub, and Datasets only in the manner described under the heading “USAGE AND RESTRICTIONS”. No other use is permitted.
1.2 The licence granted hereunder is not assignable, sub-licensable, or otherwise transferable by the User to any other party either directly or by operation of law.
1.3 Licence does not include any additional software the User may require to run or access the Datasets once downloaded by the User.
2. USAGE AND RESTRICTIONS
2.1 The User is permitted to use the Data Hub, Datasets and Tools for personal and non-commercial research and development purposes only.
2.2 The User is expressly not permitted to use the Data Hub or Datasets or Tools for commercial purposes.
2.3 Datasets shall be referenced, cited and used as a source in the creation of new and distinct datasets, provided that: (i) proper attribution is given to the original Dataset and the NRC; (ii) the original Dataset is not altered in a manner that misrepresents its content, source, or context; and (iii) any derivative or composite Dataset produced through such incorporation clearly identifies the original Dataset as a referenced source.
2.4 Subject to conditions of section 2.3, the User shall:
ensure that any copyright notices, trademarks or other proprietary right notices placed by the NRC on the Datasets remains in evidence and are reproduced on any whole or partial copy of the Datasets; and
cite, in all reports, publications and presentation materials related to the research carried out using the Datasets, both the name and the origin of the Datasets. The name used shall be “LCSA (Life Cycle Sustainability Assessment Data Hub)”. The origin shall be stated as “Clean Energy Innovation Research Centre of the National Research Council Canada”.
2.5 The name of the NRC may not be used to endorse, recommend or promote any results or products derived from the use of the Data Hub or Datasets.
2.6 The User shall take reasonable actions to guard the security and integrity of the Data Hub including: (i) promptly notifying the NRC of any observations or concerns relating to the accessibility, security, or integrity of the Data Hub; and, (ii) refraining from engaging in or permitting any action that compromises the security, integrity, or accessibility of the Data Hub.
2.7 In addition to any other restrictions contained or referenced herein, the User may not:
reverse engineer, decompile, or disassemble the Data Hub;
modify nor alter Datasets in a manner that misrepresents its content, source, or context;
conduct queries or download sufficient Datasets that may reasonably be viewed as an attempt to re-create a portion of the Data Hub elsewhere;
use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Data Hub or its Datasets or Tools;
interfere or attempt to interfere with the proper working of the Data Hub;
bypass any measures used to prevent or restrict access to any portion of the Data Hub, or attempt to gain unauthorized access to any portion or feature of the Data Hub; nor
engage in or permit any action having or intended to have an impact on the architecture, data structure, or functionality of any part of the Data Hub.
3. TITLE AND INTELLECTUAL PROPERTY RIGHTS
3.1 This Licence does not give the User any ownership rights to the Data Hub or Datasets or Tools. All title, copyright and intellectual property rights in and to the Data Hub shall remain the property of the NRC.
4. INDEMNIFICATION
4.1 You agree to indemnify and hold the NRC harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any use of the Data Hub, Datasets, Tools and/or any breach of the Licence or violation of any law or the rights of a third party by the User.
5. DISCLAIMERS
5.1 The Data Hub, including its Tools and Datasets, is supplied and licensed on an “as is” basis without any warranty of any kind. The NRC disclaims any warranties, representations, expressed, implied, or statutory, of any kind or nature with respect to the Data Hub, including without limitation any with respect to: (a) market readiness, merchantability, or fitness for any use or purpose; or (b) non-infringement of rights of third parties under present or future patents.
5.2 Without limiting the foregoing, the NRC does not warrant that the Data Hub will function uninterrupted nor that it nor the Datasets are accurate, error-free or that any errors will be corrected. The NRC shall be under no obligation whatsoever to provide maintenance or support for the Data Hub, or to notify the User of bug fixes, patches, or upgrades to the Data Hub.
5.3 Use of the Data Hub, Tools and Datasets is at the User’s own risk, and the User will be solely responsible for any resulting damage. The NRC does not assume any legal liability or responsibility. Neither the Government of Canada, nor the NRC, nor any of their employees, agents or representatives assumes any legal liability for any claims resulting from the User’s access and use of the Data Hub and the Datasets. The USER WILL NOT MAKE CLAIMS OF ANY KIND WHATSOEVER UPON OR AGAINST THE NRC, EITHER ON THEIR OWN ACCOUNT OR ON BEHALF OF ANY THIRD PARTY, ARISING DIRECTLY OR INDIRECTLY OUT OF THEIR USE OF THE DATA HUB. IN NO EVENT WILL THE NRC BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), FOR ANY LOSSES OR DAMAGES INCURRED BY THE USER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, THE COST OF SUBSTITUTE INTELLECTUAL PROPERTY OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE DATA HUB REGARDLESS OF WHETHER THE USER HAS ADVISED THE NRC OR THE NRC HAS ADVISED THE USER OF THE POSSIBILITY OF SUCH DAMAGES.
6. TERM AND TERMINATION
6.1 This Licence becomes effective once the User accepts the Data Hub’s terms and conditions and commences use of the Data Hub and remains in effect so long as the User retains any portion of a Dataset.
6.2 The NRC reserves the right in its sole discretion to suspend, and cancel any and all access to the Data Hub at any time and without notice.
6.3 Articles 3 (“TITLE AND INTELLECTUAL PROPERTY RIGHTS”), 4 (“INDEMNIFICATION”), 5 (“DISCLAIMERS”), 6 (“TERM AND TERMINATION”), and 7 (“GOVERNING LAW”), hereof will survive termination of this Licence and will continue in full force and effect thereafter.
7. GOVERNING LAW
7.1 This Licence shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its rules on the conflict of laws.
