Open Data Licence Terms and Conditions

The use of our Open Data Catalogue is governed by the City of Hamilton's Acceptable Use Agreement and these Open Data Licence Terms and Conditions.

Open Data Licence

Your use of the Data indicates your acceptance of the following terms and conditions. If you fail to comply with the terms and conditions below when using the Data, your right to use the Data will end automatically.

Your use of data

The City of Hamilton grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Data, including for commercial purposes, subject to the terms and conditions below. You acknowledge and agree that this Licence does not give you a copyright or other proprietary interest in the Data.

You may copy, modify, publish, translate, adapt, distribute or otherwise use the Data in any medium, mode or format for any lawful purpose.

When you use the Data, you must acknowledge the source of the Data by including the following attribution statement:

“Contains public sector Data made available under the City of Hamilton’s Open Data Licence”

The City of Hamilton may, in its sole discretion, require you to remove the above attribution statement from your continued use of the Data.

You must ensure that you do not misrepresent the Data or its source.

You must ensure that your use of the Data does not breach or infringe any applicable laws.

Exemptions: This Licence does not grant you any right to use:

(a) personal information, as such term is defined in the Municipal Freedom of Information and Protection of Privacy Act (Ontario) or , Personal Health Information Protection Act (Ontario) contained in the Data;

(b) any information or records which are not accessible under the Municipal Freedom of Information and Protection of Privacy Act (Ontario) or Personal Health Information Protection Act (Ontario);

(c) third party rights the City of Hamilton is not authorized to licence;

(d) the names, crests, logos, marks, designs or other official symbols of the City of Hamilton;

(e) information subject to other intellectual property rights, including patents, trademarks and official marks.

No endorsement

This Licence does not grant you any right to use the Data in a way that suggests any official status or endorsement from the City of Hamilton.

No warranty

You get NO WARRANTIES, none of any kind. The Data is licensed “AS IS”, and the City of Hamilton excludes all representations, warranties, obligations and liabilities in relation to the Data, to the maximum extent permitted by law.

The City of Hamilton is not liable for any errors or omissions in the Data 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.

The City of Hamilton does not guarantee the continued supply of the Data and may add, delete or amend the Data at any time.

Cancellation

The City of Hamilton may, in its sole discretion, cancel or suspend your access to the Data without notice and for any reason, including anything which the City of Hamilton, in its sole discretion, believes is a breach of this Licence or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to use the Data, and the City of Hamilton may use any means possible to enforce its decision. Such cancellation or suspension will not affect any person who has received the Data from you and who is otherwise in compliance with this Licence.

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 sitting in Hamilton. 

Amendments

The City of Hamilton may amend the terms and conditions of this Licence from time to time or issue a new licence without further notice. Your use of the Data will be governed by the terms and conditions of the licence in force as of the date you accessed the Data.

Definitions

• “Data” means the datasets published on this page
• “Licence” means this Open Data Licence and the terms and conditions contained herein
• “you” means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this Licence
• "Information" means data, datasets, information resources or Records protected by copyright or other information resources or Records that are offered for use under the terms of this licence.
• “Personal Information” means “personal information” as defined in subsection 2(1) of the Municipal Freedom of Information and Protection of Privacy Act (Ontario).
• "Records" means "Records" as defined in subsection 2(1) of the Municipal Freedom of Information and Protection of Privacy Act (Ontario).

Version 1.1 - January 2017
Version 1.0 - May 2015