Last Updated: April 28th, 2018
Hockeystick.co Inc. (“HOCKEYSTICK”) seeks to make publicly available data that it has compiled from various sources and arranged in an open database (the “Hockeystick Open Database”).
PLEASE CAREFULLY READ THIS AGREEMENT WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE TO USE THE OPEN DATABASE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE ODbL, THEN DO NOT USE THE OPEN DATABASE. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
2.1 “Data” means all data and electronic means information resources protected by copyright, database rights or other intellectual property rights, or other information that is offered for use under the terms of this licence
2.2 “Derivative Database” means a database based upon the Hockeystick Open Database, and includes any translation, adaptation, arrangement, modification, or any other alteration of the Hockeystick Open Database or of a substantial part of the contents. This includes, but is not limited to, extracting or re-utilising the whole or a substantial part of the contents in a new database
2.3 “ODbL” means the Open Database License (ODbL) v1.0.
2.4 “Licensee” or “You” means the person or organization accessing the Open Database.
3.1 Database License. HOCKEYSTICK makes the Hockeystick Open Database available for use under the Open Database License (ODbL). Subject to the ODbL, HOCKEYSTICK grants Licensee a worldwide, royalty-free, non-exclusive, terminable (but in accordance with the ODbL) license to use the Hockeystick Open Database for the duration of any applicable copyright and database rights. These rights explicitly include commercial use, and do not exclude any field of endeavour. To the extent possible in the relevant jurisdiction, these rights may be exercised in all media and formats whether now known or created in the future.
3.2 Attribution. If Licensee uses the Database, Licensee is required to attribute the Hockeytick Open Database as the source and include a hyperlink to the HOCKEYSTICK website. For example, the following notice will satisfy the attribution requirement, provided a hyperlink to Hockeystick.co is also included: “Contains information from the Hockeystick Open Database License, which is made available here under the Open Database License (ODbL).”
3.3 Derivative Databases. If Licensee makes any improvements to the Database, including by combining new information or creating a Derivative Database, Licensee is required to share any such improvements under the ODbL (“share alike” requirement).
3.4 Restrictions. Licensee shall not use any manual or automated data mining, scraping, crawling, spiders, robots or similar data gathering or extraction methods on the Hockeystick Open Database or any related webpage, screen or other content contained in, generated by or relating to the Hockeystick Open Database.
3.4 Exceptions. This licence does not grant you any right to use (i) personal information; (ii) third-party rights that HOCKEYSTCK is not authorized to license; (iii) information subject to other intellectual property rights, including patents, trade-marks and official marks; or (iv) other proprietary databases of HOCKEYSTICK or any third party that are not part of the Hockeystick Open Database.
4.1 Disclaimer. Data made available through the Database has been obtained through various sources and is not independently verified by HOCKEYSTICK. Accordingly, HOCKEYSTICK does not make any representations, warranties or conditions as to the accuracy or quality of the Data. Use of the Database is at Licensee’s sole risk.
4.2 Disclaimer of Implied Warranties. TO THE GREATEST EXTENT PERMITTED BY LAW, THE HOCKEYSTICK OPEN DATABASE IS PROVIDED AN "AS IS" BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THE HOCKEYSTICK OPEN DATABASE OR ANY OTHER PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT BY HOCKEYSTICK. HOCKEYSTICK DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOCKEYSTICK DOES NOT REPRESENT OR WARRANT THAT THE HOCKEYSTICK OPEN DATABASE SHALL MEET ANY OR ALL OF LICENSEE'S PARTICULAR REQUIREMENTS, THAT THE HOCKEYSTICK OPEN DATABASE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT ERRORS OR DEFECTS IN HOCKEYSTICK OPEN DATABASE CAN BE FOUND OR CORRECTED.
UNDER NO CIRCUMSTANCES WILL HOCKEYSTICK BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF HOCKEYSTICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOCKEYSTICK'S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $500 CDN.
To the maximum extent permitted by applicable law, you agree to defend, hold harmless and indemnify HOCKEYSTICK and its subsidiaries, affiliates, officers, agents, licensors, and employees from and against any third-party claim arising from or in any way related to your use of the Hockeystick Open Database, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. HOCKEYSTICK shall use good faith efforts to provide you with written notice of such claim, suit or action.
7.1 Updates: HOCKEYSTICK may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Data will be governed by the terms of the licence in force as of the date you accessed the information.
7.2 Governing Law; Venue. This Agreement is governed by the laws of the Province of Ontario, Canada without reference to its conflict of laws principles. Any dispute or action between Licensee and HOCKEYSTICK arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
7.3 Entire Agreement; Severability. This Agreement is the entire agreement between Licensee and HOCKEYSTICK and supersedes any other communications with respect to its subject matter. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.
7.4 No assignment. Licensee may not assign this Agreement without the prior written consent of HOCKEYSTICK.
7.5 No waiver. Any delay by a party in enforcing the provisions of this Agreement shall not be deemed to be a waiver of such party's rights and shall not prejudice such party's right to take subsequent action.
7.6 Language. It is the express wish of the parties that this agreement and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.