RADARSAT Constellation Mission (RCM) - Public User License Agreement
The access and use of RADARSAT Constellation Mission (RCM) imagery is regulated under the Remote Sensing Space Systems Act ("RSSSA
"). The government of Canada grants you, the licensee, a royalty-free, perpetual, non-exclusive license to use the RCM imagery associated with this license agreement, including for commercial purposes, subject to the terms and conditions below.
You hereby acknowledge to have read, understood and accepted to be bound by all the terms and conditions of this license agreement.
1. Definitions
In this License Agreement, the terms below have the following meanings:
"Intellectual Property
" means any information or knowledge of an industrial, scientific, technical, commercial, literary, dramatic, artistic or otherwise creative nature, whether oral or recorded in any form or medium and whether or not subject to copyright; this includes but is not limited to any inventions, designs, methods, processes, techniques, know-how, show-how, models, prototypes, patterns, samples, schematics, experimental or test data, reports, drawings, plans, specifications, photographs, manuals and any other documents, Software, and Firmware.
"RCM
" means RADARSAT Constellation Mission.
"Raw Data
" means sensor data from a remote sensing satellite, and any auxiliary data required to produce Remote Sensing Products from the sensor data, that have not been transformed into a Remote Sensing Product.
"RCM Imagery
" means Raw Data and Remote Sensing Products acquired and/or created through the RCM.
"Remote Sensing Product
" means an image or data produced from raw data in any way that transforms the raw data.
"You
" means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this License Agreement as a Licensee.
2. Ownership
The RCM Imagery provided to you under this License Agreement is licensed, not sold. As such, all right, title and interest in and to all Intellectual Property in or related to the RCM Imagery so provided is and will remain the exclusive property of the Government of Canada.
3. Grant of license
The RCM Imagery you are accessing is subject to the RSSSA and provided in accordance with the Canadian Open Government Directive. With the RCM Imagery associated with this License Agreement, you are free to:
- Copy;
- Modify;
- Publish;
- Translate;
- Adapt;
- Distribute; or
- Otherwise, use the RCM Imagery in any medium, mode or format for any lawful purpose.
You must, where you do any of the above:
- Acknowledge the source of the RCM Imagery by including the following copyright notice conspicuously displayed alongside the RCM Imagery or any portion thereof and, where possible, provide a link to this License Agreement.
- "
RADARSAT Constellation Mission Imagery © Government of Canada (Year of Acquisition)
"; and - "
RADARSAT is an official mark of the Canadian Space Agency
" must appear as a credit.
- "
The terms of this License Agreement are important, and if you fail to comply with any of them, the rights granted to you under this License Agreement may be terminated.
4. Exceptions
This License Agreement does not grant you any right to:
- Use personal information;
- Use third party rights the Government of Canada is not authorized to license;
- Use the names, crests, logos, or other official symbols of the Government of Canada;
- Use information subject to other Intellectual Property rights, including patents, trade-marks and official marks;
- Sell the RCM Imagery provided to you by the Government of Canada; or
- Reverse engineer, disassemble, or decompile the RCM Imagery in any way.
5. Non-endorsement
This License Agreement does not grant you any right to use the RCM Imagery in a way that suggests any official status or that the Government of Canada endorses you or your use of the RCM Imagery.
6. Limitation of warranty and waiver of liability
The RCM Imagery is licensed "as is
", and the Government of Canada excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Government of Canada is not liable for any errors or omissions in the RCM Imagery, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this License Agreement or the RCM Imagery, even if specifically advised of the possibility of such loss, injury or damage and you hereby waive any and all claims you may have against the Government of Canada or against any of its officers, employees or agents for any such loss, injury or damage.
7. Governing law
This License Agreement shall be governed by and construed in accordance with the laws in force (including Federal law) in the Province of Ontario, Canada and shall be subject to the exclusive jurisdiction of the Courts therein.
8. Indemnification
You shall defend at your own expense, any claim, suit or proceeding brought against you, insofar as it arises from your use of the RCM Imagery. You shall indemnify and hold the Government of Canada and all its officers, employees and agents harmless for all claims, damages, costs and expenses awarded to you or third parties against the Government of Canada arising from any such claim, suit or proceeding.
9. Access to information
Your access to the RCM Imagery is subject to any restrictions that the Government of Canada determines to be applicable from time to time, at its entire discretion.
10. Audit
The Government of Canada may audit your records, accounts and books relating to the use of RCM Imagery provided to ensure that they are being used in accordance with the terms and condition of this License Agreement. You shall provide forthwith all access to your facilities as well as to your records, accounts and books that the Government of Canada may reasonably require to exercise its rights of audit under this Article.
11. Assignment or transfer
Neither this License Agreement nor any of the rights or obligations under this License Agreement may be assigned or transferred by you without the prior written consent of the Government of Canada. This restriction on assignment or transfer will apply to assignments or transfers by operation of law, as well as by contract, merger or consolidation.
12. Modifications
This License Agreement may be modified from time to time by the Government of Canada, at the Government of Canada's entire discretion. While the Government of Canada will provide a copy of the License Agreement with every access to the RCM Imagery, it is the Licensee's responsibility and obligation to take knowledge of any modifications to the terms and conditions of this License Agreement as they occur and to abide by the License Agreement as modified in order to keep its rights of access to, and use of, RCM Imagery.
13. Severability
In the event that any provision of this License Agreement is declared invalid or unenforceable, the remaining provisions of this License Agreement will continue in full force and effect.
You hereby acknowledge to have read, understood and accepted to be bound by all the terms and conditions of this license agreement as indicated above.