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Terms Of Use
RADARSAT End User License Agreement
IMPORTANT - READ CAREFULLY BEFORE OPENING DATA PACKAGE. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE CANADIAN SPACE AGENCY (""CSA"") AS OWNER OF THE DATA AND MDA GEOSPATIAL SERVICES INC. AS MASTER LICENCEE FROM CSA OF THE DATA. OPENING THE ENCLOSED DATA PACKAGE MAKES YOU THE END USER (THE ""LICENCEE"") OF THE DATA CONTAINED THEREIN AND INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THE LICENCE AGREEMENT AND LIMITED WARRANTY (COLLECTIVELY THE ""LICENCE""). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD, WITHOUT BREAKING THE SEAL, RETURN THE ENCLOSED PACKAGE AND THE OTHER ITEMS WHICH ARE PART OF THIS PRODUCT WITHIN TWO (2) WEEKS OF RECEIPT TO MDA GEOSPATIAL SERVICES INC. AND YOU WILL RECEIVE A FULL REFUND.
BY OPENING THIS PACKAGE, THE LICENCEE ACKNOWLEDGES THAT IT HAS READ THIS LICENCE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THE LICENCEE ALSO AGREES THAT THIS LICENCE IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREIN. THIS LICENCE CANNOT BE MODIFIED OR RESCINDED, NOR MAY ANY OF ITS TERMS BE CANCELLED OR WAIVED.
GRANT OF LICENCE: The enclosed package contains CSA Data, Data Products and accompanying written materials (collectively the ""Data"") containing intellectual property rights proprietary to CSA and under licence to MDA Geospatial Services Inc. and its sublicencee(s).
The Licencee agrees that the Data may be used only for the internal business use of the Licencee and may not be reproduced, published, distributed, sold, leased, rented, licenced, copied or disposed of in any other manner. The Licencee acknowledges that the Data is a valuable and unique asset and is disclosed to the Licencee on the basis that it represents confidential information. The Licencee will only disclose the Data to its employees, contractors and consultants directly related to the Licencee's internal use of the Data. In addition, the Licencee agrees to take appropriate action, by instruction, agreement or otherwise, with any persons or organizations permitted access to the Data, including appropriate security measures to prevent illegal disclosure, all so as to enable the Licencee to satisfy its obligations contained herein.
Use of the Data by anyone other than the Licencee shall constitute infringement of these rights. Upon payment for the use of the Data, MDA Geospatial Services Inc. grants to the Licencee a limited, perpetual, non-exclusive licence to use this copy of the Data. This Licence certifies the Licencee to:
1. make the authorized number of internal copies of the Data in support of the Licencee's use of the Data but not to network or distribute the Data for Licencee's use or otherwise;
2. use the Data solely for internal purposes of the Licencee. Contractors or consultants working for the Licencee may have access to the Data for purposes related to the Licencee's internal use of the Data; and
3. the purchaser agrees to respect CSA copyright interest and, in particular, shall not distribute or sell RADARSAT Derived Image Products (DIP) or copies thereof unless they have been authorized to do so in writing from MDA Geospatial Services Inc. DIPs include but are not limited to, mosaics, geocoding, sub-scenes and sub-sampling.
4. reproduce and distribute Value-Added Products from the Data where ""Value-Added Products"" are defined as Data that includes a significant addition of other information including but not limited to:
1. manual and digital interpretation and classifications of the Data or Data Product
2. products derived from the Data and Data Products and which do not retain the pixel structure of the original Data or Data Product such as Digital Terrain Models; and
3. imagery obtained by combining Data from two or more sensors or satellites.
CSA and MDA Geospatial Services Inc. reserve all rights not specifically granted to Licencee. The Licencee will be held legally responsible for any copyright infringement which is caused or encouraged by its failure to abide by the terms of this Licence. For greater certainty, the Licencee may not copy, modify or transfer the Data, in whole or in part, other than as expressly set out in this Agreement.
OWNERSHIP OF DATA: The Licencee owns the magnetic or other physical media on which the Data is originally or subsequently recorded or fixed, but an express condition of this Licence is that CSA retains title and ownership of the Data recorded on the original diskette copy and all subsequent copies of the Data, regardless of the form in or media on which the original and other copies may exist. This Licence is not a sale of the original Data or any copy, translation or compilation thereof, in whole or in part. The access to and use of the Data does not grant the Licencee any right to use, without prior written consent, any trademarks, tradenames or logo of CSA or others.
RESTRICTION ON TRANSFER: This Licence and the Data may not be transferred to anyone without the prior written consent of MDA Geospatial Services Inc. Any transferee of the Licence shall be bound by the terms and conditions of this Licence. The Licencee is strictly prohibited from distributing, leasing, selling or otherwise disposing of the Data. For the purposes of this Licence, any distribution or disposition by Licencee to any branch, agency, office, division, subdivision, subsidiary or affiliate of the Licencee is strictly prohibited without the consent of MDA Geospatial Services Inc. The Licencee shall not reverse engineer, decompile or disassemble the Data or transfer the Data to another machine readable language, or attempt any foregoing.
TERMINATION: This Licence will terminate automatically without notice from MDA Geospatial Services Inc. if (i) the Licencee fails to comply with any of its provisions, (ii) the Licencee becomes insolvent or bankrupt, or (iii) the Licencee passes a resolution for the winding up of its affairs. Upon termination, the Licencee shall destroy all copies of the Data and any accompanying written materials, including any modified copies, translations or compilations thereof, if any.
GOVERNING LAW: This Licence is governed by the applicable laws of Canada and the Province of British Columbia, and shall enure to the benefit of CSA and/or MDA Geospatial Services Inc., their successors and assigns. The parties irrevocably and specifically attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sales of Goods and the implementing legislation thereto.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY: The entire risk as to the results and the performance of the Data is assumed by the Licencee. The Data is provided ""as is"" without warranty of any kind, other than MDA Geospatial Services Inc. warrants that the storage media on which the Data is supplied to Licencee is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of purchase. CSA's entire liability and the Licencee's exclusive remedy with respect to the Data is, at MDA Geospatial Services Inc.'s option, to either (a) return the purchase price paid by the Licencee directly to MDA Geospatial Services Inc. or distributor of the Data, whichever is less or (b) replace the Data that does not meet this Limited Warranty.
In no event shall CSA or anyone else who has been involved in the creation, production, distribution or delivery of the Data, be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of business information, and the like, or any consequential damages) arising out of or resulting from the use of or inability to use the Data or the performance of the Data, storage media or other CSA provided material, whether in an action in contract or tort, including, but not limited to, negligence.
Except as provided above, CSA and MDA Geospatial Services Inc. disclaim all warranties, either expressed or implied, including but not limited to implied warranties of merchantable quality, merchantability, durability or fitness for a particular purpose, with respect to the Data and any accompanying written materials.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN LIEU OF ANY OTHER WARRANTY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY CSA AND MDA GEOSPATIAL SERVICES INC. FOR THIS PRODUCT. ORAL OR WRITTEN INFORMATION OR ADVICE OR OTHER AFFIRMATION OR FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING PERFORMANCE OF DATA GIVEN BY CSA AND/OR MDA Geospatial Services Inc., THEIR AGENTS OR EMPLOYEES, MDA Geospatial Services Inc.'S DEALERS OR DISTRIBUTORS, SHALL NOT CREATE ANY OTHER WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY AND THE LICENCEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIST OF DERIVED IMAGE PRODUCTS (DIPs):
Sub-sampled scenes, sub-scenes and imagettes
* Basic image processing such as speckle-filtering, appliance of LUT, histogram equalization, contrast stretching, etc.
Coloured composite image using multiple data sets
* Non-orthorectified mosaic with or without a simple layout
Orthorectified scene or sub-scene derived from a DTED Level 0 or 1 or 2 DEM with or without a simple layout
Orthorectified mosaic derived from a DTED Level 0 or 1 or 2 DEM with or without a simple layout
* Georeferenced space maps with index map, mapsheet reference, layout, embedded names, etc.
* Geocoded space maps with index map, mapsheet reference, layout embedded names, etc.
* Orthorectified space maps with index map, mapsheet reference, layout embedded names, etc. Orthorectification performed with a DTED Level 0 or 1 or 2 DEM
RADARSAT End-User Licence Agreement - Updated July 2006
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Terms Of Use
Terms of Use of the Polar Data Catalogue Geospatial Search Tool
The Polar Data Catalogue, as described in the ArcticNet Data Policy, is composed of databases of metadata and accessible archives of certain data sets compiled by the Canadian Cryospheric Information Network (CCIN).
1. Use of this Database
The material of this Database is owned by a variety of Research Programs, including, but not limited to, ArcticNet, the Northern Contaminants Program ("NCP"), NSERC funded programs and the Government of Canada Program for the International Polar Year ("IPY") 2007-2008; and the Database is operated by the Canadian Cryospheric Information Network in partnership with ArcticNet. Your use of this Database is subject to the following terms and all applicable laws. By accessing and browsing this Database, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this Database.
This Database is formed of specific data and metadata provided by recognized researchers ("Researcher"), with their express consent. For the purpose of these terms, the data and metadata provided by Researcher include, without limitation, design, HTML text, graphics, files, photographs, codes, software layout, images, illustrations, articles, design forms and the selection and arrangement thereof (the "Content").
Please note that the addition of such Content in the Database does not constitute an endorsement by ArcticNet, IPY-Canada and the other providing programs, or CCIN of any such Content provided by the Researcher. The Research Programs, CCIN and ArcticNet have no control or power over such Content.
2. License and Database access
Unless otherwise specified, a Researcher grants you a limited license to make personal use only of their Content. Such grant does not include, without limitation: (a) any resale or commercial use of this Content; (b) modification, adaptation or translation of any data not intended to be modified, adapted or translated; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise. By using this tool, except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of ArcticNet, other research programs, CCIN, the Researcher or any third party. However, there may be individual cases where a Researcher has elected to waive some of these restrictions through the inclusion of an external ancillary license, such as a Creative Commons (CC) license. In such cases, your license to reuse this Content will reflect the terms of the license chosen by the Researcher. Note that such permissions apply solely to the corresponding research artifacts and do not grant any additional rights to other Content, and all stated terms of use for this Database remain in force. Note that in the event of any unforeseen conflicts, the aforementioned default terms of use shall supersede all ancillary licensing.
If you are unclear about ancillary licensing, or if you want to accomplish an act that is clearly forbidden under this Section, you have to contact the Researcher owning the Content you are targeting, in order to obtain written consent from him/her authorizing you to act.
Research programs providing data, CCIN or ArcticNet may terminate this license and your use of or access to the Database if you make or permit any unauthorized use of this Database or Content. Such actions by you may violate applicable laws including, without limitation, copyright, patents and trademark laws and communications regulations and statutes.
3. Exclusion of Warranties
Research Programs, CCIN and ArcticNet makes no representation or warranty regarding the functionality or condition of this Database, its suitability for use, or that its use will be uninterrupted or error-free. THE DATABASE AND ALL ITS CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. RESEARCH PROGRAMS, CCIN AND ARCTICNET DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE DATABASE WILL BE OF MERCHANTABLE QUALITY AND FIT FOR A PARTICULAR PURPOSE, (II) THE DATABASE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE OPERATION OF THE DATABASE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE DATABASE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (V) THAT THE DATABASE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE DATABASE WILL BE SECURE AND/OR NOT INTERCEPTED. The Content is not intended to provide specific technical, business, accounting or other advice for your individual circumstances, and you should consult your own professional advisors to determine how any information or material provided on this Database apply to your individual circumstances. These exclusions are in addition to any specific exclusion otherwise provided in these terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are not permitted, do not apply.
4. Limitation of Liability
RESEARCH PROGRAMS, CCIN, OR ARCTICNET WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ARCTICNET OR CCIN KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Your sole and exclusive remedy is to discontinue using and accessing this Database. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.
5. Ownership and Confidentiality
The Content is provided by Researcher, and Research programs, CCIN and ArcticNet does not represent or warrant that such Content does not infringe the rights of any other person or entity.
6. Links
Links and references to other Internet websites are provided to you as a convenience only. Research Programs, CCIN and ArcticNet have not reviewed and do not expressly or impliedly endorse other Internet websites or any information or material, or the accessibility thereof, via such links, and do not assume any responsibility for any such other Internet websites, information or material posted thereon, or products or services offered thereon
7. Governing Law
This Database is covered by the provision of the Copyright Act, by Canadian laws and policies. Such provisions serve to identify the information source and, in specific instances, to prohibit the reproduction of materials without written permission. You agree to be bound by such laws and to submit to the jurisdiction of the Canadian courts in connection with the interpretation or application of these terms.
8. Changes to Terms
Research Programs, CCIN or ArcticNet may modify, alter or otherwise update the terms applicable to this Database from time to time without notice, and you agree to be bound by such terms as are in effect at the time at which you access the Database.
9. Third-party Materials
Some of the content found in this database is subject to copyrights, patents trademark laws and communication regulations and statues held by other organizations and Web sites. This is particularly true of sites that are jointly operated by a Governmental institution or external organizations in partnership with research programs included in the Polar Data Catalogue. In such cases, different restrictions on the personal use of the Database content may apply and the policy of the other organizations or web sites take precedent over the PDC policy.
10. Contact information
If you have any questions or concerns about the Database terms, practices, third party material, or about your personal information if you provide any, please contact CCIN:
By email at: pdc@uwaterloo.ca
By mail at: Canadian Cryospheric Information Network
Department of Geography and Environmental Management
University of Waterloo,
200 University Avenue West,
Waterloo, ON N2L 3G1
Or ArcticNet:
By Phone at: 1-418-656-2411
By email at: pdc@arcticnet.ulaval.ca
By mail at: ArcticNet Inc.
Pavillon Alexandre-Vachon,
Room 40811045, avenue de la Médecine,
Laval University Quebec City (Québec)
G1V 0A6
Agree
Disagree
Agree to continue
By clicking on "Agree" you are agreeing to the Terms of Use of
the RADARSAT End User License Agreements
Terms Of Use
RADARSAT End User License Agreement
IMPORTANT - READ CAREFULLY BEFORE OPENING DATA PACKAGE. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE CANADIAN SPACE AGENCY (""CSA"") AS OWNER OF THE DATA AND MDA GEOSPATIAL SERVICES INC. AS MASTER LICENCEE FROM CSA OF THE DATA. OPENING THE ENCLOSED DATA PACKAGE MAKES YOU THE END USER (THE ""LICENCEE"") OF THE DATA CONTAINED THEREIN AND INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THE LICENCE AGREEMENT AND LIMITED WARRANTY (COLLECTIVELY THE ""LICENCE""). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD, WITHOUT BREAKING THE SEAL, RETURN THE ENCLOSED PACKAGE AND THE OTHER ITEMS WHICH ARE PART OF THIS PRODUCT WITHIN TWO (2) WEEKS OF RECEIPT TO MDA GEOSPATIAL SERVICES INC. AND YOU WILL RECEIVE A FULL REFUND.
BY OPENING THIS PACKAGE, THE LICENCEE ACKNOWLEDGES THAT IT HAS READ THIS LICENCE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THE LICENCEE ALSO AGREES THAT THIS LICENCE IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREIN. THIS LICENCE CANNOT BE MODIFIED OR RESCINDED, NOR MAY ANY OF ITS TERMS BE CANCELLED OR WAIVED.
GRANT OF LICENCE: The enclosed package contains CSA Data, Data Products and accompanying written materials (collectively the ""Data"") containing intellectual property rights proprietary to CSA and under licence to MDA Geospatial Services Inc. and its sublicencee(s).
The Licencee agrees that the Data may be used only for the internal business use of the Licencee and may not be reproduced, published, distributed, sold, leased, rented, licenced, copied or disposed of in any other manner. The Licencee acknowledges that the Data is a valuable and unique asset and is disclosed to the Licencee on the basis that it represents confidential information. The Licencee will only disclose the Data to its employees, contractors and consultants directly related to the Licencee's internal use of the Data. In addition, the Licencee agrees to take appropriate action, by instruction, agreement or otherwise, with any persons or organizations permitted access to the Data, including appropriate security measures to prevent illegal disclosure, all so as to enable the Licencee to satisfy its obligations contained herein.
Use of the Data by anyone other than the Licencee shall constitute infringement of these rights. Upon payment for the use of the Data, MDA Geospatial Services Inc. grants to the Licencee a limited, perpetual, non-exclusive licence to use this copy of the Data. This Licence certifies the Licencee to:
1. make the authorized number of internal copies of the Data in support of the Licencee's use of the Data but not to network or distribute the Data for Licencee's use or otherwise;
2. use the Data solely for internal purposes of the Licencee. Contractors or consultants working for the Licencee may have access to the Data for purposes related to the Licencee's internal use of the Data; and
3. the purchaser agrees to respect CSA copyright interest and, in particular, shall not distribute or sell RADARSAT Derived Image Products (DIP) or copies thereof unless they have been authorized to do so in writing from MDA Geospatial Services Inc. DIPs include but are not limited to, mosaics, geocoding, sub-scenes and sub-sampling.
4. reproduce and distribute Value-Added Products from the Data where ""Value-Added Products"" are defined as Data that includes a significant addition of other information including but not limited to:
1. manual and digital interpretation and classifications of the Data or Data Product
2. products derived from the Data and Data Products and which do not retain the pixel structure of the original Data or Data Product such as Digital Terrain Models; and
3. imagery obtained by combining Data from two or more sensors or satellites.
CSA and MDA Geospatial Services Inc. reserve all rights not specifically granted to Licencee. The Licencee will be held legally responsible for any copyright infringement which is caused or encouraged by its failure to abide by the terms of this Licence. For greater certainty, the Licencee may not copy, modify or transfer the Data, in whole or in part, other than as expressly set out in this Agreement.
OWNERSHIP OF DATA: The Licencee owns the magnetic or other physical media on which the Data is originally or subsequently recorded or fixed, but an express condition of this Licence is that CSA retains title and ownership of the Data recorded on the original diskette copy and all subsequent copies of the Data, regardless of the form in or media on which the original and other copies may exist. This Licence is not a sale of the original Data or any copy, translation or compilation thereof, in whole or in part. The access to and use of the Data does not grant the Licencee any right to use, without prior written consent, any trademarks, tradenames or logo of CSA or others.
RESTRICTION ON TRANSFER: This Licence and the Data may not be transferred to anyone without the prior written consent of MDA Geospatial Services Inc. Any transferee of the Licence shall be bound by the terms and conditions of this Licence. The Licencee is strictly prohibited from distributing, leasing, selling or otherwise disposing of the Data. For the purposes of this Licence, any distribution or disposition by Licencee to any branch, agency, office, division, subdivision, subsidiary or affiliate of the Licencee is strictly prohibited without the consent of MDA Geospatial Services Inc. The Licencee shall not reverse engineer, decompile or disassemble the Data or transfer the Data to another machine readable language, or attempt any foregoing.
TERMINATION: This Licence will terminate automatically without notice from MDA Geospatial Services Inc. if (i) the Licencee fails to comply with any of its provisions, (ii) the Licencee becomes insolvent or bankrupt, or (iii) the Licencee passes a resolution for the winding up of its affairs. Upon termination, the Licencee shall destroy all copies of the Data and any accompanying written materials, including any modified copies, translations or compilations thereof, if any.
GOVERNING LAW: This Licence is governed by the applicable laws of Canada and the Province of British Columbia, and shall enure to the benefit of CSA and/or MDA Geospatial Services Inc., their successors and assigns. The parties irrevocably and specifically attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sales of Goods and the implementing legislation thereto.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY: The entire risk as to the results and the performance of the Data is assumed by the Licencee. The Data is provided ""as is"" without warranty of any kind, other than MDA Geospatial Services Inc. warrants that the storage media on which the Data is supplied to Licencee is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of purchase. CSA's entire liability and the Licencee's exclusive remedy with respect to the Data is, at MDA Geospatial Services Inc.'s option, to either (a) return the purchase price paid by the Licencee directly to MDA Geospatial Services Inc. or distributor of the Data, whichever is less or (b) replace the Data that does not meet this Limited Warranty.
In no event shall CSA or anyone else who has been involved in the creation, production, distribution or delivery of the Data, be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of business information, and the like, or any consequential damages) arising out of or resulting from the use of or inability to use the Data or the performance of the Data, storage media or other CSA provided material, whether in an action in contract or tort, including, but not limited to, negligence.
Except as provided above, CSA and MDA Geospatial Services Inc. disclaim all warranties, either expressed or implied, including but not limited to implied warranties of merchantable quality, merchantability, durability or fitness for a particular purpose, with respect to the Data and any accompanying written materials.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN LIEU OF ANY OTHER WARRANTY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY CSA AND MDA GEOSPATIAL SERVICES INC. FOR THIS PRODUCT. ORAL OR WRITTEN INFORMATION OR ADVICE OR OTHER AFFIRMATION OR FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING PERFORMANCE OF DATA GIVEN BY CSA AND/OR MDA Geospatial Services Inc., THEIR AGENTS OR EMPLOYEES, MDA Geospatial Services Inc.'S DEALERS OR DISTRIBUTORS, SHALL NOT CREATE ANY OTHER WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY AND THE LICENCEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIST OF DERIVED IMAGE PRODUCTS (DIPs):
Sub-sampled scenes, sub-scenes and imagettes
* Basic image processing such as speckle-filtering, appliance of LUT, histogram equalization, contrast stretching, etc.
Coloured composite image using multiple data sets
* Non-orthorectified mosaic with or without a simple layout
Orthorectified scene or sub-scene derived from a DTED Level 0 or 1 or 2 DEM with or without a simple layout
Orthorectified mosaic derived from a DTED Level 0 or 1 or 2 DEM with or without a simple layout
* Georeferenced space maps with index map, mapsheet reference, layout, embedded names, etc.
* Geocoded space maps with index map, mapsheet reference, layout embedded names, etc.
* Orthorectified space maps with index map, mapsheet reference, layout embedded names, etc. Orthorectification performed with a DTED Level 0 or 1 or 2 DEM
RADARSAT End-User Licence Agreement - Updated July 2006
Terms Of Use
GOVERNMENT USER RADARSAT-2 END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT ("LICENSE") IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") and MacDONALD, DETTWILER AND ASSOCIATES LTD. ("MDA"), LOCATED AT 13800 COMMERCE PARKWAY, RICHMOND, BRITISH COLUMBIA, CANADA V6V 2J3. LICENSEE WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS LICENSE IF LICENSEE (i) BREAKS THE SEAL OF ANY PACKAGE CONTAINING SATELLITE IMAGERY GENERATED FROM RADARSAT-2 ("PRODUCT"), (ii) INSTALLS AND/OR USES THE PRODUCT; OR (iii) RETAINS THE PRODUCT FOR MORE THAN FOURTEEN (14) CALENDAR DAYS. IF LICENSEE DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, LICENSEE MUST RETURN THE ENCLOSED PACKAGE TO MDA WITHIN FOURTEEN (14) CALENDAR DAYS OF LICENSEE'S RECEIPT OF THE PRODUCT WITHOUT (I) BREAKING THE SEAL OR (II) INSTALLING AND/OR USING THE PRODUCT.
1. OWNERSHIP:
The Product is licensed, not sold. All title in and to all intellectual property in or related to the Product is and will remain the exclusive property of MDA. MDA owns and will continue to own all title in any copy, translation, modification, adaptation, or derivation of the Product, including any kind of output that contains the pixel structure and information of the original imagery data from the delivered Product. However, in the case of Value Added Products, the LICENSEE will own all title to any such Value Added Products generated by the LICENSEE.
2. GRANT OF LICENSE:
MDA grants to LICENSEE a limited, non-transferable, non-exclusive, perpetual license to use the Product and any accompanying written materials, and anything derived therefrom, solely as set forth in this License (the "Grant of License"). Except as specifically set out herein, no license, right or title in or to any of the Product or any other intellectual property of MDA, is granted by this License.
3. WARRANTY:
MDA warrants that the original storage media on which the Product is supplied to initial LICENSEE will be free from material defects in materials and workmanship under normal use and service for a period of thirty (30) calendar days from the date of initial LICENSEE's receipt of the Product. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. MDA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR AGAINST INFRINGEMENT. LICENSEE IS SOLELY RESPONSIBLE FOR SELECTION OF THE PRODUCT TO ACHIEVE LICENSEE'S INTENDED RESULTS OR FOR LICENSEE'S PARTICULAR APPLICATIONS, AND NO WARRANTIES, GUARANTIES OR REPRESENTATIONS ARE MADE REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
4. LIMITATION ON LIABILITY:
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE, IN NO EVENT WILL THE LIABILITY, IF ANY, OF MDA FOR DAMAGES RELATING TO THE PRODUCT OR OTHERWISE ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS LICENSE EXCEED THE ACTUAL AMOUNT LICENSEE PAID FOR THE SPECIFIC PRODUCT THAT DIRECTLY GAVE RISE TO THE DAMAGES CLAIMED, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY, TRADE PRACTICES, OR OTHERWISE. IN NO EVENT WILL MDA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND. THE LIMITATIONS CONTAINED IN THIS SECTION ARE NOT MADE WHERE PROHIBITED BY LAW.
5. SATELLITE REGULATIONS & EXPORT CONTROL LAWS:
LICENSEE will comply with all applicable satellite licensing and import and export laws, restrictions and regulations of all applicable jurisdictions that may be in effect during the term of this License.
6. TERMINATION:
MDA may terminate this License, effective immediately, upon notice to LICENSEE, if LICENSEE breaches any provision of this License. Upon termination of this License, all rights granted to LICENSEE hereunder will immediately cease.
7. GOVERNING LAW:
This License will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, and the courts of the Province of British Columbia will have non-exclusive jurisdiction to hear matters arising under this License.
8. MISCELLANEOUS:
(1) This License is the complete and exclusive agreement between LICENSEE and MDA as to the matters set forth herein and integrates all prior discussions and understandings. (2) This License cannot be modified or rescinded, nor may any of its terms be cancelled or waived, unless approved in writing by MDA. (3) Acceptance of this License is expressly limited to the terms and conditions set forth herein; any additional or inconsistent terms provided by LICENSEE in any other documents such as a LICENSEE purchase order, that are applicable to the License, will not have any legally binding effect. (4) The failure of MDA to insist upon strict performance of any of the terms and conditions of this License will not be deemed a waiver of any rights or remedies that MDA may have and will not be deemed a waiver of any subsequent default of the terms and conditions of this License. (5) Neither this License nor any of the rights or obligations hereunder may be assigned or transferred by LICENSEE without the prior written consent of MDA. This restriction on assignment or transfer will apply to assignments or transfers by operation of law, as well as by contract, merger or consolidation. (6) In the event that any provision of this License is declared invalid or unenforceable, the remaining provisions of this License will continue in full force and effect. (7) Upon notice, MDA or MDA inspection staff acceptable to Licensee may inspect LICENSEE's records, accounts and books relating to the use of the Product to ensure that the Product is being used in accordance with this License. (8) LICENSEE acknowledges that any actual or threatened breach of Section 2 would likely cause MDA irreparable harm that could not be fully remedied by monetary damages. So, LICENSEE agrees that MDA will have the right, in addition to any other remedy available to it, to seek injunctive or other equitable relief from a court of competent jurisdiction, without proof of actual damage, as may be necessary to prevent such breach.
9. AUTHORIZED LICENSEE:
Unless otherwise prohibited by MDA, this Government User License applies to a single country's government departments and agencies at the national level (e.g. central or federal) and sub-national level (e.g. state, provincial, territorial, or regional), which may be located at multiple facilities. Government-owned commercial entities, local governments (e.g. municipalities, counties, prefectures) or universities are not authorized users under this Government User License. For greater certainty, LICENSEE may not distribute, transfer or otherwise make available the Product to any other users, without the prior written consent of MDA.
10. PERMITTED USES:
In accordance with the Grant of License set out in Section 2 above, LICENSEE agrees and understands that it MAY:
a. make an unlimited number of soft and hard copies of the Product for the internal use of LICENSEE and internal backup purposes only;
b. provide the Product to LICENSEE's employees and/or contractors or consultants directly related to LICENSEE's internal use of the Product. The contractors or consultants are under a duty of confidentiality no less restrictive than LICENSEE's duty hereunder. The contractors or consultants must not retain the Product or copies thereof after completion of LICENSEE's internal project;
c. store, post or process the Product in a system that is not accessible by the public through the use of sufficient information assurance measures;
d. provide any SLC Data generated from Spotlight beam mode via a physical delivery protocol or an electronic delivery protocol where the SLC Data are encrypted using an encryption software certified by NIST;
e. excluding SLC Data - release hardcopy prints of the Product, publish the Product in research reports, journals, trade papers or similar publications, and post the Product or DIP, to Internet web sites provided that such Product is in a secure format that allows only printing and viewing and prohibits manipulating the Product's pixel or metadata; all providing that such release, publishing or posting is solely for non-commercial uses and that the Copyright notice is conspicuously displayed alongside the Product; and
f. subject to the provisions set out in Section 11 - develop, reproduce and distribute any Value Added Product (as defined in Section 12 below) generated from the Product by the LICENSEE.
11. PROHIBITED USES:
Without limiting the generality of the foregoing, LICENSEE agrees and understands that it MAY NOT:
a. sell, lease, rent, sub-license, or transfer the Product, in any other manner whatsoever;
b. reverse engineer, disassemble, decompile or adapt the Product;
c. post the Product to Internet web sites in a non secure format that allows manipulation of the Product;
d. alter or remove any Copyright notice or proprietary legend contained in or on the Product;
e. on its own, or permit any third party to, release or publish hardcopies of SLC Data in any beam mode or post such SLC Data on any publicly accessible network;
f. further process, or permit any third party to further process SLC Data to generate any product with (a) an impulse response resolution in either range or azimuth finer than (i) 2.0 metres for single- or dual-polarization modes, (ii) 6.0 metres for quad-polarization beam modes, where resolution is measured horizontally in the ground plane;
g. if applicable, further process, or permit any third party to further process Spotlight beam mode to generate any product with an impulse response resolution finer than 2.0 metres in range and 0.74 meters in azimuth, where resolution is measured horizontally in the ground plane; and
h. use, or permit any third party to generate a Value Added Product using interferometric processing techniques from at least one scene of RADARSAT-2 SLC Data where the interval of collection is less than 24 days. Such Value Added Products include interferograms, coherent change detection products, or interferometric digital elevation models.
12. DEFINITIONS:
In this License the following terms will have the following meanings: "Data Product" means a detected radar image obtained by the processing of SLC Data to include information such as geo-referencing, radiometric corrections and multi-looking. Data Products do not contain or retain phase information. "Derived Image Product" or "DIP" means a product derived from SLC Data or Data Products that still contain all or substantially all of the pixel structure and information of the original SLC Data or Data Products. Derived Image Products do not contain or retain phase information. Derived Image Products include without limitation:
* any sub-sampled scenes, sub-scenes and imagettes
* any products enhanced by basic image processing techniques including, without limitation, speckle-filtering, application of Look Up Table (LUT), histogram equalization, contrast stretching
* coloured composite image using multiple RADARSAT-2 scenes or sub-scenes
* non-orthorectified mosaics with or without a simple layout
* orthorectified scenes or sub-scenes derived from a Digital Terrain Elevation Data (DTED) Level 0 or 1 or 2 Digital Elevation Model (DEM) with or without a simple layout
* orthorectified mosaics derived from a DTED Level 0 or 1 or 2 DEM with or without a simple layout
* georeferenced radar maps which include, without limitation, index maps, mapsheet references, layout embedded names
* geocoded radar maps which include, without limitation, index maps, mapsheet references, layout embedded names
* orthorectified radar maps which include, without limitation, index maps, mapsheet references, layout embedded names
* any orthorectified products performed with a DTED Level 0 or 1 or 2 DEM
"Single-Look Complex Data" or "SLC Data" means a formatted raw data product where signal data has been converted to a computer readable structure containing target phase and amplitude information, and which has undergone processing that includes range and azimuth compression and Doppler focusing while retaining phase information. "Value Added Product" or "VAP" means any products that (a) are processed SLC Data using interferometric processing techniques, such as interferograms, coherent change detection products or interferometric digital elevation models; or (b) include a material addition of other external information or have undergone significant enhancement, but do not retain any pixels of the original SLC Data, Data Products or Derived Image Products. Value Added Products do not contain or retain phase information.
13. COPYRIGHT:
The following copyright notice must be conspicuously displayed alongside the Product, or any portion thereof: "RADARSAT-2 Data and Products MacDONALD, DETTWILER AND ASSOCIATES LTD. (year of acquisition)- All Rights Reserved" and "RADARSAT is an official mark of the Canadian Space Agency" must appear as a credit;
14. LANGUAGE:
This License may be provided in English, French and Spanish. In the event of any discrepancies, omissions, or errors between the languages, the English language version shall take precedence.
[END OF DOCUMENT]
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Data Collection: Polar Data Catalogue
The Polar Data Catalogue is an
online database of metadata and data that describes, indexes and
provides access to diverse data sets generated by Arctic and
Antarctic researchers. Since its online launch in 2007, the PDC has
rapidly gained popularity, and other programs such as the Government
of Canada Program for IPY 2007-2008 and the Northern Contaminants
Program have decided to use the PDC to archive their metadata and
datasets. The records cover a wide range of disciplines from natural
sciences and policy, to health and social sciences. In addition to
its focus on the Canadian Arctic, the PDC serves research products
from other locations in the circumpolar Arctic as well as the
Antarctic. As the PDC collection grows, it forms a solid foundation
for national and international data sharing and advancement of
cryospheric science and knowledge. Through consultations with
partners and users, it is clear that residents in northern Canada
want to know more about research conducted in the Arctic. The PDC
search capability has thus been developed to help meet the needs of
northern communities.
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Data Collection: RADARSAT Polar Science
Dataset
During its operation (1995-2013),
the RADARSAT-1 satellite and sensors collected synthetic aperture
radar (SAR) imagery, including a significant portion which is
attributable to the systematic data collection effort of the
Background Mission. The archive of imagery developed during the
Background Mission has emphasized, among other things, the RADARSAT
imaging capabilities during times of inclement weather and low
illumination conditions. Practical experience by operational users
has demonstrated that RADARSAT imagery is an excellent and reliable
source for mapping and monitoring sea ice and other cryospheric
features in northern latitudes during different times of the year.
RADARSAT-1 has collected an incredible wealth of SAR imagery over
polar regions, including northern Canada, and a large portion of this
archive is available through the RADARSAT Polar Science Dataset. The
available dataset is composed of the following elements:
Blanket coverage in Fine Beam Mode of the Canadian polar
region and the Arctic Archipelago (collected during the Canadian
Interferometric Mission, 2000-2001)
Maximum and minimum ice extent Arctic snapshots from 2003
to 2006 - the ScanSAR Seasonal Circum-Polar snapshots
Thematically-relevant imagery acquired over specific areas
of interest (Supersites) identified by the cryospheric and remote
sensing research communities
Canadian Ice Service dataset acquired since 1996
Canadian Arctic land mass mosaics - summer and winter 1998
- 1999
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Data Collection: RADARSAT Mosaics of
Antarctica
The RADARSAT-1 Antarctic Mapping Project (RAMP) and RADARSAT-2
Antarctic Mapping Initiative were undertaken to provide snapshots of
the Antarctic continent over a span of years, to document the state
of the ice cover in Antarctica and to show changes over time in the
land and sea ice around the southern continent. RAMP was a
collaboration between the Canadian Space Agency and the US National
Aeronautics and Space Administration (NASA) to map Antarctica using
the RADARSAT-1 Synthetic Aperture Radar (SAR) in two missions. The
first, the Antarctic Mapping Mission 1 (AMM-1), completed in
September-October 1997, maneuvered the RADARSAT-1 satellite to a
left-looking "Antarctic Mode" to capture the entirety of the
continent, developing the first high-resolution SAR mosaic of
Antarctica. The second, the Modified Antarctic Mapping Mission
(MAMM), completed in September-November 2000, captured imagery north
of 80°S all the way to the Antarctic coast, in both ascending and
descending orbits. The objective of this mission was to observe
changes in the ice sheet from the 1997 AMM-1 dataset and to use the
multiple acquisitions to estimate the surface velocity of target
areas of the ice sheet.
The RADARSAT-2 Antarctic Mapping Initiative, completed in
October-December 2008, was undertaken to produce a continental
mosaic consistent with the 1997 RADARSAT-1 Antarctic Mapping
Mission. The resulting mosaics and individual tiles, produced in
collaboration with the Byrd Polar Research Center, cover all the way
to the South Pole, repeating the coverage of the 1997 mission. In
addition to enhancing the achievements of the RADARSAT-1 Antarctic
missions, the intent of the 2008 mission was to facilitate change
analysis through space-borne observation of ice sheets. Such data
are important for generation of global climate products, including
models. The 2008 mission was the result of international
collaboration associated with the International Polar Year (IPY) and
is a Canadian Space Agency contribution to IPY, incorporating input
from the scientific community, with the goal of making science
products available for free.
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