Limited Warranty and License Agreement / End User License Agreement

The product and software is provided "as is", without warranty of any kind except as provided for in this paragraph. The entire risk as to results and performance of the product and software is with you. MapConnection warrants that the components of the product and software will be free from any and all defects in materials for a warranty period of 14 days from the date of delivery. You may return the defective disks within that period with a copy of the invoice. The defective discs will be replaced or if MapConnection determines that there are no defects in materials the product and software will be returned to you. The map calibrations are provided "as is" and are not guaranteed in any way to be correct. These calibrations must be checked for accuracy and corrected if required, MapConnection assumes no liability whatsoever for them.

The above is the only warranty of any kind, express or implied, statutory or otherwise, including but not limited to implied warranties of accuracy, merchantability and fitness for a particular purpose. MapConnection expressly disclaims any warranty of merchantability or fitness for a particular purpose of the product and software. You assume the entire risk as to the suitability of the product and software for your intended purpose(s). In no event will MapConnection be liable in either tort or contract to you or any other party for damages arising out of the use, performance or furnishing of the product and software. Without limiting the generality of the foregoing, MapConnection will not be liable to you for any loss of use, revenue or profit, or for any claim or action brought against MapConnection by any third party and for valuable consideration the receipt and sufficiency of which is hereby acknowledged. You agree to indemnify and save harmless MapConnection from and against any liability arising out of any of the circumstances referred to in this paragraph.

The entire risk as to the accuracy and results of the contents of this and all related electronic information, supporting text and other information contained in this electronic product (collectively called the "product") is with the user. Although MapConnection has used considerable efforts in preparing the product MapConnection does not warrant the accuracy or completeness of the product. In no event will MapConnection be liable for damages including loss of products or consequential damages, arising out of the use of the product.

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 and MapConnection. BY OPENING THE PACKAGE DELIVERED WITH THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

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

WHEREAS the End-User wishes to obtain the right to use the Data;

AND WHEREAS Canada and MapConnection are prepared to licence to the End-User the right to use the Data for the End-Users' own internal use subject to the terms and conditions hereinafter set forth;

NOW, THEREFORE, Canada, MapConnection 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 Data is protected under the Copyright Act of Canada.
2. The Data is licensed, not sold, to the End-User for use subject to the terms and conditions of this Agreement. The End-User owns the disk(s) on which the Data is recorded, but Canada and MapConnection retain all ownership interests in the Data.
3. The End-User shall use the Data only on a single computer / single user. The End-User must obtain supplementary licences from MapConnection before using the data in connection with systems, multiple central processing units, computer networks, or emulation's on a mainframe or minicomputer or anything more than a single station / single user.
4. Each station / person that uses Etopo must have a licence - no floating licences. Any product / image that incorporates Etopo image / images can only be used internally and must have a one inch 150dpi Etopo logo on the image. Products that include Etopo images or parts of images cannot be sold, viewed or distributed outside the office of the department / person / station that holds the licence.
5. The End-User may make one (1) copy of the Data for the purpose of backup only, which copy may not be used except in the event that the primary copy is damaged, destroyed or lost. The End-User shall reproduce on the backup copy the copyright notice appearing on the disk(s) on which the Data is recorded.
6. Except as provided in Article 4 above, the End-User shall not duplicate or reproduce the data, in whole or in part, in any form or format whatsoever without the prior written consent of MapConnection.
7. The end-User shall not sell, loan, lease, distribute, transfer or sublicence the Data or otherwise assign any rights under this Agreement to any third party.
8. The Data is provided on an "as is" basis and MapConnection makes no guarantees, representations or warranties respecting the Data, either expressed or implied, arising by or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
9. Canada and MapConnection 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 Data. Canada and MapConnection shall not be liable in any way for loss of revenue or contracts, or any other consequential loss of any kind resulting from the End-User's use or possession of the Data.
10. The End-User shall indemnify and save harmless MapConnection, 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 End-User's use or possession of the Data.
11. This Agreement shall be interpreted in accordance with the laws in force in the Canada.