CMHC Licence Agreement for the Use of Data

Terms and Conditions

This agreement is between Canada Mortgage and Housing Corporation ("CMHC") and you (an individual or a legal entity that you are authorized to represent) ("you").

CMHC may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on the CMHC website, unless the posting specifies otherwise.

Your use of the Information will be governed by the terms and conditions in force as of the date and time you accessed the Information.

Definitions

The "Information" includes any data files, data bases, tables, time series, publications, custom data tabulations, graphs, maps and text for which CMHC is the creator and owner or in which CMHC holds intellectual property rights and made available to you in accordance with this agreement.

"Value-added Products"; means any products you have produced by adapting or incorporating the Information, in whole or in part, in accordance with this agreement.

Availability of the Information

CMHC may make the Information available to you via its website or other media at its sole discretion. CMHC does not guarantee the availability of the Information at any particular time or via any particular media.

Licence Grant

Subject to any limitations set out in this agreement or otherwise communicated to you by CMHC , CMHC grants you a revocable worldwide, royalty-free, non-exclusive licence to:

• use, reproduce, publish, freely distribute, or sell the Information;
• use, reproduce, publish, freely distribute, or sell Value-added Products; and,
• sub-licence any or all such rights, under terms consistent with this agreement.

In doing any of the above, you shall:

• reproduce the Information accurately; and
• acknowledge the source of the information in a clear manner, as set out in these terms.

You shall not:

• use the Information in a manner that infringes any applicable laws;
• use the Information in a way that suggests that CMHC endorses you or your use of the Information;
• misrepresent the Information or its source;
• use the Information in a manner that brings CMHC or the Government of Canada into disrepute;
• merge or link the Information with any other databases for the purpose of attempting to identify an individual person, business or organization or extracting personal information;
• present the Information in such a manner that suggests you may have received, or had access to personal information held by CMHC , or information about any identifiable individual;
• permit a third party to use the Information in a manner that breaches these terms and conditions.

CMHC reserves its right to require at any time that any use of the Information be limited or discontinued. If CMHC notifies you of such a requirement, you agree to comply with the notice immediately.

Redistribution

You are permitted to redistribute the Information to other individuals or entities, provided that such individuals or entities agree to be bound by these terms and conditions.

Intellectual Property Rights

Intellectual property rights in the Value-added Products, being any and all intellectual property rights recognized by the law, shall vest in you or in such person as you shall decide or as determined by law.

Nothing in this agreement is intended to alter any pre-existing intellectual property rights. All Intellectual property rights that CMHC holds in the Information shall remain the property of CMHC . All intellectual property rights that third parties may have in the Information shall remain their property.

Acknowledgment of Source

1. You shall include the following notice on all reproductions of the Information:
   • Source: Canada Mortgage and Housing Corporation (CMHC), name of product or information, reference date. This information is reproduced and distributed on an "as is"" basis with the permission of CMHC .
2. Where any Information is contained within a Value-added Product, you shall include on such Value-added Product the following notice:
   • Adapted from Canada Mortgage and Housing Corporation, name of product or information, reference date. This does not constitute an endorsement by Canada Mortgage and Housing Corporation of this product.

or any other notice approved in advance in writing by CMHC .

Advertising and Publicity

You shall not include on any reproduction of the Information or any material relating to your Value-added Product, or elsewhere:

1. the name, crest, logos, domain names or other official marks of CMHC without the written permission of CMHC ;
2. the official symbols of the Government of Canada, including the Canada wordmark, the Coat of Arms of Canada, and the flag symbol, without written authorization from the Treasury Board Secretariat. Request for authorization from the Treasury Board Secretariat may be addressed to:
   • information@fip-pcim.gc.ca
     Federal Identity Program
     Treasury Board of Canada Secretariat
     300 Laurier Avenue West
     Ottawa, Canada K1A 0R5
3. any annotation that may be interpreted as an endorsement by CMHC of the Value-added Product or that would imply that you have an exclusive distribution arrangement for any or all of the Information or that you have access to any confidential information or information not available to others.

No Warranty and No Liability

The Information is licensed "as is", and CMHC makes no representations or warranties 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.

None of CMHC , its officials, employees, representatives or successors will be responsible for errors or omissions in the Information and nor for any direct, indirect, special, incidental, consequential damages, no matter how they are caused, that you may suffer by reason of your possession, access to, or use of the Information.

Term

This agreement is effective as of the date and time you access the Information and shall terminate immediately if you breach any of the terms of this agreement.

Notwithstanding termination of this agreement:

1. you may continue to distribute Value-added Products for the purpose of completing orders made and confirmed before the termination of this agreement, provided that you continue to comply with all terms and conditions of the agreement; and
2. individuals or entities who have received Value-added Products or reproductions of the Information from you pursuant to this agreement will not have their licences terminated provided they remain in full compliance with these terms and conditions.

Survival

All obligations that you assume under this agreement that are of an ongoing nature will continue in full force and effect following termination of the agreement. For greater clarity, but without limiting the broad application of the foregoing statement, the following provisions survive expiration or termination of this agreement: Intellectual Property Rights, Acknowledgment of Source, Advertising and Publicity and No Warranty and No Liability.

Breach of the Terms and Conditions

You recognize that in the event you breach the terms and conditions of this agreement, monetary damages that may be available to CMHC will not likely be adequate to restore CMHC 's rights in the intellectual property. You agree that CMHC may seek an injunction or similar remedy from a court to protect its rights in its intellectual property.

Applicable Law

This agreement will be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the Federal Court of Canada in the event of a dispute.