VEGETATION RESOURCE INVENTORY
DIGITAL DATA ORDER FORM
Name
Company
Address
City
Province
Postal Code
Phone
Fax
Request #___________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Order from the Digital Data Distribution Centre, Resource Information Branch, Ministry of Sustainable Resource
Management, PO Box 9358, Victoria, B.C., V8W 9M2, the following number of digital data files, as listed on page 2,
subject to the terms and conditions set out herein. FAX 387-2733.
Prepayment is required in Canadian Funds and to be made by cheque, payable to:
the "Minister of Finance"
“CONFIRMATION NOTICE” will be forwarded with actual costs.
Digital Data Files
Pricing Structure
(PRICE VARIES WITH NUMBER ORDERED)
Quantity
BCGS Mapsheet
BCGS Mapsheets
BCGS Mapsheets
BCGS Mapsheets
(1)
(2 - 9)
(10 - 19)
(20+)
(@ $250.00 each)
(@ $200.00 each)
(@ $175.00 each)
(@ $155.00 each)
add British Columbia Retail Sales Tax (7%)
add G.S.T. (7%)
(OVER)
Resource Information Branch, Ministry of Sustainable Resource Management
1
2/16/2016
LIST BCGS MAPSHEETS BELOW (1 per box)
1
2
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7
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9
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11
12
13
14
15
16
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18
19
20
21
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23
24
25
26
27
28
29
30
31
32
33
34
35
36
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38
39
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50
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60
Resource Information Branch, Ministry of Sustainable Resource Management
2
2/16/2016
PRODUCT LICENSING AGREEMENT GOVERNING
FOREST INVENTORY DIGITAL DATA:
TERMS AND CONDITIONS
THIS AGREEMENT is a license and is made and entered
into by and between Her Majesty the Queen in Right of the
Province of British Columbia represented by the Ministry of
Sustainable Resource Management (hereinafter referred to as
"the Province") and the client (hereinafter referred to as
"User").
(b)
(c)
(d)
(e)
Whereas, the Province is the designer and developer of
Vegetation Inventory Digital Data product(s) (hereinafter
referred to as "Product") with the right to license and
distribute the Product; and
(f)
Whereas, the User is an individual, an organization, a
corporation, a government entity or a member of a joint
venture who will make use of the Product in its business
activity; and
Whereas, the User desires a license to use the Product and
the Province desires to grant such a license to the User for
the sole purpose of permitting the User to use the Product in
its business activity and for no other purpose whatsoever.
NOW, THEREFORE, in consideration of the mutual terms,
covenants, and conditions set for herein, the parties hereto
agree as follows:
1. PRODUCT
1.1 Licensed Product(s)
This license applies to Products(s) as provided by Resource
Information Branch, Ministry of Sustainable Resource
Management, P O Box 9358, 4th Floor 395 Waterfront
Crescent, Victoria, B.C., V8W 9M2.
1.2 Grant of License
For and in consideration of the User's covenant to make
payments under Section 6 and the performance of the other
covenants and obligations of the User here under, the
Province hereby conveys to the User a non-exclusive license
to use the Product.
1.3 Restrictions
The grant of the license is subject to the following
restrictions:
(a)
The license to use the Product shall not be
assigned either directly or through merger,
amalgamation, change of control of the User
and/or operation of law without prior written
approval from the Province.
(b)
The User shall not use the name of the Product
or the name of the Province, in advertising or
otherwise, except in the manner and
circumstances provided herein or first
approved by the Province in writing.
(c)
The User shall not make any representation or
warranty of any kind on behalf of the Province.
(d)
The User shall not distribute, give away or sell
the Product, or copies of the Product, without
prior written approval of the Province.
1.4 Unauthorized Grants
Any grant of a license to use the Product other than as
provided in this Agreement is a nullity.
2.
OWNERSHIP OF THE PRODUCT
(a)
The User acknowledges that the Province has
full right and title to the Product, the name of
the Product and all copies of the Product, and
Resource Information Branch, Ministry of Sustainable Resource Management
3
agrees that it shall not contest the validity of
the Province's ownership.
The Province is, or is hereby deemed to be, the
author of the Product and the user waives any
authorship or moral rights it may have in the
Product.
The Province, as owner, has exclusive
copyright in the Product.
Nothing in this Agreement constitutes an
assignment of the Province's copyright.
The Province may register its copyright under
the Copyright Act, but failure to do so does not
constitute a waiver of its copyright.
In the event of a complaint that the User's use
of the information violates the copyright or
other proprietary rights of a third party, the
User is solely responsible for investigating,
resisting, litigating and settling such
complaints, including the payment of any
damages or costs, unless the Province elects to
participate in the process at the Province's
expense.
3. USE
3.1 Permitted Use
This license is granted for the sole purpose of permitting the
User to use the Product in its business activity and for no
other purpose whatsoever.
3.2 Restrictions on Use
(a)
Unauthorized Use. The User shall not use the
Product on behalf of any other person or
organization (including, but not limited to,
networks, timesharing, or multiple CPU
arrangements) unless authorized in writing by
the Province.
(b)
Copies. The User shall not duplicate the
Product except for the following:
1. The User may make one copy of the Product
for protection purposes as long as the User
agrees not to use the backup copy for any
purpose other than to replace original data if
lost or damaged.
2. The User may translate the Product into other
formats and/or media. These "reformats" shall
be subject to the same restrictions as the
Product under this agreement.
3.3 Reserved Rights
The Province shall retain all right, title and interest in the
Product, including the right to license the Product(s) covered
by this license to other users.
4. USER'S COVENANTS
The user covenants to preserve and protect the Province's
ownership of the Product as follows:
(a)
The User and its employees will keep the
Product strictly confidential and will take all
reasonable and necessary precautions to
preserve that confidentiality.
(b)
In each version of the Product, the Province
may incorporate a unique and indelible
configuration of numbers (the "identification
code"), before delivery of the Product. The
User shall not erase or alter the identification
code;
(c)
The User will promptly notify the Province of
any unauthorized use of the Product forthwith
as such use comes to the Licensee's attention.
2/16/2016
5. TERM
5.1 Commencement
The term of this Agreement shall not be restricted as to time,
except as set forth in 5.2 below, and shall commence the date
the Agreement is executed (Product delivery date).
5.2 Expiration Date
The term of the license shall expire at such time as the User
discontinues use of the Product, unless the User fails to
comply with any of the terms and conditions provided
herein, at which time the license shall be revoked. The
license shall be revoked by the Province giving written notice
of such revocation to the User.
(over)
6. PAYMENT
6.1 Time for Payment
Payment of fees shall be made at the time the Product is
ordered or as set forth in 6.2 or 6.3.
6.2 Unpaid Fees
Any fees remaining unpaid more than 30 days after the date
they are due shall be subject to an interest charge of 1% per
month until paid.
6.3 Sales Tax
All fees are subject to BC sales tax and G.S.T.
7. DELIVERY
The Province shall deliver the Product to the User pursuant
to the following conditions:
(a)
The Province shall package, ship and deliver
the Product to the User at the address specified
in the order or a designated alternate address.
(b)
The Province shall not assume any liability for
shipment of the Product.
(c)
The carrier shall not be considered an agent of
the Province.
(d)
The Province shall choose the method of
delivery in the absence of prior shipping
instructions.
(e)
Dates specified for delivery of the Product
shall be postponed automatically if the
Province is prevented from meeting those dates
by any causes beyond its reasonable control.
8. LIMITED WARRANTY
8.1 Limited Warranty
(a)
The Province shall use its best efforts to ensure
that the Product is delivered free of physical
defect.
(b)
The Province shall have the sole authority to
determine whether the Product, at the time of
delivery, was free of physical defect.
(c)
No warranty is given by the Province as to the
accuracy or comprehensiveness of the
information.
(d)
The User shall not make representations or
warranties on the Province's behalf and
responsibility for any warranties made by the
User is disclaimed.
(d)
The Province disclaims any other warranties,
expressed or implied, respecting this agreement
or the Product
8.2 Remedy
(a)
The User's sole and exclusive remedy for
breach of this limited warranty will be to return
the Product within 60 days of receipt.
(b)
The Province shall, at its discretion, retain the
returned Product and return the fee for the
license, or replace the Product, or repair the
Product and return it to the User.
Resource Information Branch, Ministry of Sustainable Resource Management
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9. ASSIGNMENT AND TRANSFER
The User shall not disclose, lease, sell, distribute, make,
transfer or assign the Product or engage in any transaction
which has the effect of transferring the right of use or part of
the Product without prior written consent of the Province.
10. LIABILITY
The Province shall not be liable for any activity involving the
Product with respect to the following:
(a)
Lost profits, lost savings or any other
consequential damages.
(b)
The fitness of the Product for a particular
purpose.
(c)
The installation of the Product, its use or the
results obtained.
11. TERMINATION
11.1 User Rights
Upon the expiration or revocation of this license, the rights
of the User shall cease.
11.2 Return of the Product and Copies
The Product and any copies of the Product shall be returned
to the Province within 30 days from the date this license
expires or is revoked.
12. MISCELLANEOUS
12.1 Applicable Law: Venue
This license shall be construed and interpreted under and
pursuant to the laws of the Province of British Columbia.
12.2 Invalidity
If any term of provision of this license or the application
thereof to any person or circumstance shall to any extent be
invalid or unenforceable, the remainder of this license shall
not be affected thereby, and each term and provision of this
license shall be valid and enforced as written to the fullest
extent permitted by law.
12.3 Entire Agreement
This license contains the entire Agreement of the parties
hereto with respect to the matters covered hereby, and no
other agreement, statement or promise made by any party
hereto, which is not contained herein, shall be binding or
valid.
12.4 Authority
The User represent and warrant that this licensing Agreement
is a legal, valid and binding obligation and is enforceable in
accordance with its terms and that they are authorized to do
so.
12.5 Independent Contractor
The User is an independent contractor and not the servant,
employee, partner or agent of the Province.
12.6 No Partnership
No partnership, joint venture or agency will be created or
will be deemed to be created by this Agreement and/or by
any action of parties to this Agreement.
12.7 Holding Out
The User shall not hold itself out as anything other than a
licensee to use the Product in connection with this
Agreement.
12.8 Delivery of Notice
Any notice required to be given here under will be delivered
by hand or mailed by prepaid courier to the address on the
reverse of this agreement or at such other address as either
party may from time to time designate by notice in writing to
the other and any such notice mailed will be deemed to be
received 48 hours after mailing.
12.9 Binding Agreement
2/16/2016
This agreement will be binding upon the Province and its
assigns and the User its successors and permitted assigns.
12.10 Waiver
A waiver of any provision of breach by the User of this
Agreement will be effective only if it is in writing and signed
by the Province and will not be deemed to be a waiver of any
subsequent breach of the same or any other provision of this
Agreement.
12.11 No amendment
No amendment or modification to this Agreement will
become effective unless the same will have been reduced to
writing and duly executed by the parties hereto.
Resource Information Branch, Ministry of Sustainable Resource Management
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2/16/2016