HYDAT LIMITED USE SOFTWARE AND DATA PRODUCT LICENSE AGREEMENT 1. GRANT OF LICENSE - The Government of Canada (Environment Canada) is the owner of all intellectual property rights (including copyright) of this Software and Data Product. In consideration of your payment of the requisite fee, you are granted a limited, non- exclusive, non-assignable and non-transferable license to use this software and data product subject to the terms below. This license is not a sale of any or all of the owner's rights. This product may only be used by you, and you may not rent, lease, lend, sub-license or transfer the data product or any of your rights under this agreement to anyone else. 2. REDISTRIBUTION RESTRICTION - Except for one (1) backup and one (1) separate working copy, you are not authorized to copy or further distribute the data, or any portion of it, contained in this product. You may use this product only for internal purposes and shall not use the product as part of, or as the basis of a data base, product, or service for access or distribution outside of your organization, or for commercial sale, except for limited value-added information as specified in 3 (Distribution of Value-Added Products). 3. DISTRIBUTION OF VALUE-ADDED PRODUCTS - Limited further distribution of a value-added information product resulting from non- trivial processing of the data in this product, such as statistical summaries, is allowed, provided that the data from this product, nor any reasonable facsimile, cannot be recovered or constructed from the value-added information product. 4. TRIVIAL PROCESSING - For the purpose of this agreement, trivial processing means changing the data by conversion to different units or to values representing different quantities from which the original data can be calculated, or changing the format or medium in which the data is stored. 5. OTHER RESTRICTIONS - You may not transfer this product to, or store the data product in any electronic network, including but not limited to local area networks, wide area networks, intranets and the world wide web, for use by more than one user unless you obtain prior written permission from Environment Canada and pay any additional fees. 6. NO WARRANTIES - Environment Canada does not warrant the quality, accuracy, or completeness of any information or data. Such information and data is provided AS IS without warranty or condition of any nature. Environment Canada disclaims all other warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software, the data retrieved from this product, and any accompanying materials. 7. RESTRICTION AND LIMITATION OF LIABILITY - In no event shall Environment Canada be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of, or inability to use this Environment Canada product, even if Environment Canada has been advised of the possibility of such damages. In any case, Environment Canada’s entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the data product. 8. TERMINATION - This agreement shall terminate immediately and without notice if you breach any of its terms. 9. RESPONSIBLE USE - It is YOUR RESPONSIBILITY to ensure that your use of this product complies with these terms and to seek prior written permission from Environment Canada and pay any additional fees or royalties, as may be required, for any uses not permitted or not specified in this agreement. 10. ACCEPTANCE OF THIS AGREEMENT Any use whatsoever of this Software and Data Product shall constitute your acceptance of the terms of this agreement. 11. FURTHER INFORMATION For further information, please contact: Climate and Water Products Division, Environment Canada 4905 Dufferin Street, Downsview, Ontario M3H 5T4 Tel: (416) 739-4328 Fax: (416) 739-4446