Statistics Canada Licence Agreement for Public Use Microdata Files (PUMF). DLI Licence Appendix I

Definition

1.

"Microdata file" means a non-identifiable data set containing characteristics pertaining to surveyed units as described in section 2.

Description of Product

2.

The Microdata file referred to in this Agreement relates to Public Use Microdata Files (PUMF) in the DLI [Data Liberation Initiative] collection.

Contact and Custodian

3.

(1)

The  Licensee  hereby  nominates  the  DLI  contact  as  the  contact  person  to  whom  all  further communication shall be addressed by Statistics Canada on any matter concerning this Agreement.

 

(2)

The Licensee hereby nominates the DLI contact as the designated custodian of the Microdata file with responsibility for ensuring its proper use and custody pursuant to the terms of this Agreement.

Delivery of Product

4.

Upon signature of this Agreement, Statistics Canada shall provide to the Licensee access to the Microdata file collection and one copy of the related documentation.

Ownership

5.

The Microdata files and related documentation shall at all times be and remain the sole and exclusive property of Statistics Canada, it being mutually agreed that this Agreement involves a licence for the use of the Microdata files and related documentation and that nothing contained herein shall be deemed to convey any title or ownership interest in the Microdata files or the related documentation to the Licensee.

Use of Microdata

6.

(1)

Statistics Canada hereby grants to the Licensee a non-exclusive, non-assignable and non-transferable licence to use the Microdata files and related documentation for statistical and research purposes. The Microdata files shall not be used for any other purposes without the prior written consent of Statistics Canada.

 

(2)

Use of the Microdata files is limited to the Licensee.  The Microdata file cannot be reproduced and transmitted to any person or organization outside of the Licensee’s organization.

 

(3)

The Licensee shall not merge or link the records on the Microdata files with any other databases for the purpose of attempting to identify an individual person, business or organization.

 

(4)

The Licensee shall not present information from the Microdata files in such a manner that gives the appearance that the Licensee may have received, or had access to, information held by Statistics Canada about any identifiable person, business or organization.

 

(5)

The Licensee shall not disassemble, decompile or in any way attempt to reverse engineer any software provided as part of the Microdata files.

No Warranty and No Liability

7.

The Information is licensed ‘as is’, and Statistics Canada makes no representations or warranties whatsoever with respect to the Information, whether express or implied, in relation to the Information and expressly disclaims any implied warranty of merchantability or fitness for a particular purpose of the Information.

Statistics Canada or any of its Ministers, officials, servants, employees, agents, successors and Assigns shall not be liable for any errors or omissions in the Information and shall not, under any circumstances, be liable for any direct, indirect, special, incidental, consequential, or other loss, injury, damage, however caused, that you may suffer at any time by reason of your possession, access to or use of the Information arising out of the exercise of your rights or the fulfillment of your obligations under this agreement.

Publication by the Licensee

8.

In any publication of any information based on the Microdata files, the Licensee shall use the following form of accreditation:

"This analysis is based on the Statistics Canada (Name of database and/or microdata file) (Reference Year). All computations, use and interpretation of these data are entirely that of (Name of Author(s) or Licensee).”

Conditions of Use

9.

Statistics Canada may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Statistics Canada Website.

Term

10.

This Agreement comes into force when signed by both Parties and shall continue in force until terminated in accordance herewith.

Termination

11.

(1)

Statistics Canada may, by providing ten days written notice to the Licensee, terminate this Agreement if the Licensee fails to comply with any of the terms of this Agreement and to remedy such breach within the notice period.

 

(2)

In the event of termination, the Licensee must immediately return the Microdata files to Statistics Canada, or destroy them and certify this destruction in writing to Statistics Canada.

12.

Any notice to be given to Statistics Canada or the Licensee shall be in writing and sent by registered mail, electronic mail or facsimile.

13.

Sections 7 and 9 hereof survive the termination of this Agreement pursuant to section 12.

Amendment

14.

No amendment to this Agreement shall be valid unless it is reduced to writing and signed by the Parties hereto.

Entire Agreement

15.

This Agreement constitutes the entire agreement between Statistics Canada and the Licensee with respect to the Licensee’s right to use the Microdata files.

Appropriate Law

16.

This Agreement shall be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. The parties hereby attorn to the exclusive jurisdiction of the Federal Court of Canada.


University of Lethbridge Data Liberation Initiative (DLI) Contact:
Rhys Stevens
E-mail: rhys.stevens@uleth.ca
Phone: 403-329-5176

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Rumi Graham
E-mail: copyright@uleth.ca
Phone: 403-332-4472

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