2010 © The Cybertising Advantage. All rights reserved. You may reproduce this publication in whole or in part provided you acknowledge and link to http://www.lambtonshores.com as per the attached user agreement.
THIS is a legal Agreement between you, the "User" and The Cybertising Advantage/LambtonShores.com. BY OPENING THE FILES DELIVERED WITH THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DISPOSE OF THE FILES AND ANY DERIVED PRODUCTS (including metadata, documentation, tables and images).
WHEREAS "The Cybertising Advantage/LambtonShores.com" is the owner of the proprietary rights in the digital data ("Data") delivered with this Agreement;
WHEREAS the User wishes to use the Data;
AND WHEREAS The Cybertising Advantage/LambtonShores.com is prepared to provide to the User a royalty-free right to use the Data subject to the terms and conditions hereinafter set forth;
NOW, THEREFORE, The Cybertising Advantage/LambtonShores.com and the User for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, covenant and agree as follows:
1. The User acknowledges that the Data is protected under the Copyright Act of Canada.
2.The Data is provided free of charge and royalty-free to the User, for use, subject to the terms and conditions of this Agreement. The User owns the disk(s) or tape(s) on which the Data is recorded, but Lambton Shores retains all ownership interests in the Data.
3.The User may:
3.1.1. Create new representations of these Data;
3.1.2. Select or arrange all of, or portions or features from these Data; and
3.1.3. Process, analyse or otherwise use these Data in the development of derived products;
4.The User may sell, lease, distribute and sublicense the Data contained in derived works and products referred to in Section 3. Data is not licensed for redistribution via the Internet without modification as noted in Section 3. Users are encouraged to come to the originating source to access the most current version of the data.
5.When using the Data in new representations, derived works and products, the User shall reference the source of information as: http://www.lambtonshores.com with permission from The Cybertising Advantage.
6.The Data is provided on an "as is" basis and The Cybertising Advantage/LambtonShores.com makes no guarantees, representations or warranties respecting the Data, either expressed or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
7. The Cybertising Advantage/LambtonShores.com 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 User's use or possession of the Data. The Cybertising Advantage/LambtonShores.com shall not be liable in any way for loss of revenue or contracts, or any other consequential loss of any kind resulting from any defect in the Data.
8.The User shall indemnify and save harmless The Cybertising Advantage/LambtonShores.com and its office, 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 User's use or possession of the Data.
9.The parties agree that this agreement does not restrict The Cybertising Advantage/LambtonShores.com in any way from authorizing other parties to use the Data in the same kind of products or in different products.
10.This Agreement shall be interpreted in accordance with the laws in force in the Province of Ontario, Canada.