Open Data Licence - City of Markham

(Version 1.0)

The Corporation of the City of Markham (the “City of Markham”) wishes to use this Open Data Licence (“Licence”) as a tool to enable the use of Information under a common open licence. You are encouraged to use the Information that is available under this Licence with only a few conditions.

Using Information under this Licence

• Use of the Information available under this Licence indicates Your acceptance of the terms and conditions below.
• The City of Markham grants You a worldwide, royalty-free, perpetual, non-exclusive license to use the Information subject to the conditions below.
• This Licence does not affect Your right to use the Information under fair dealing or any other copyright exceptions or limitations available under the Copyright Act (Canada).

You are free to:

• copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose;
• use the Information commercially, for example, by combining it with other Information, or by including it in Your own product or application;
• provide credit to the City of Markham when using Information under this Licence, but are not required to.

If You choose to provide credit, please acknowledge the source of the Information by including the following credit statement in a suitable location: "Contains public sector Information made available under the City of Markham’s Open Data Licence".

You must, where you do any of the above:

• upon the request of the City of Markham, remove any City of Markham credit statement should the City of Markham, in its sole discretion, decide that such credit is not in the public interest;
• ensure that You do not use the Information in a way that suggests any official status or that the City of Markham endorses You or Your use of the Information;
• ensure that You do not misrepresent the Information or its source;
• ensure that Your use of the Information complies with all applicable laws.

These are important conditions of this Licence and if You fail to comply with them the rights granted to You under this Licence will end automatically.

Exemptions

This Licence does not cover the use of:

• Personal Information;
• information or records that are not accessible pursuant to the Municipal Freedom of Information and Protection of Privacy Act (Ontario);
• third-party rights that the City of Markham is not authorized to license;
• departmental or public sector organization logos, trademarks, slogans or crests where they may be included in the Information;
• Information subject to other intellectual property rights, including patents, trademarks, official marks and design rights.

No Warranty

• The Information is licensed “as is” and the City of Markham excludes all representations, warranties, obligations and liabilities, in relation to the Information to the maximum extent permitted by law.
• The City of Markham does not guarantee that the Information will be available in any particular format or that the Information will continue to be available.
• The City of Markham is not liable for any errors or omissions in the Information and will not, under any circumstances, be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use, even if specifically advised of the possibility of such loss, injury or damage.

Governing Law

This Licence is governed by the laws of the Province of Ontario and the applicable laws of Canada. Legal proceedings related to this Licence may only be brought in the courts of Ontario.

Definitions

In this Licence, the terms below have the following meanings:

“Information” information, data or Records protected by copyright or other information, data or Records that are offered for use under the terms of this licence on or through the City of Markham’s website.

“Personal Information” has the same meaning as set out in the Municipal Freedom of Information and Protection of Privacy Act (Ontario).

"Records" has the same meaning as set out in the Municipal Freedom of Information and Protection of Privacy Act (Ontario)

“You” or “Your” means the natural or legal person, or body of persons corporate or incorporate acquiring rights under this Licence.

About this Licence

This is Version 1.0 of the Open Data Licence for the City of Markham. The City of Markham may, from time to time, issue new versions of the Open Data Licence for the City of Markham’s Information. However, you may continue to use Information licensed under this version should You wish to do so. Notices of new versions of the Open Data Licence for the City of Markham will be posted on the City of Markham’s website.