[open-government] CIPPIC - Municipal Data Licensing Canada

[David Eaves]

Tracey,

Thank you for this.

On question that I'm confused about. In the document "A review and 
Recommendations" it says that in the PDDL there is "There is a low, 
albeit slightly higher, risk of liability because there are no 
contractual warranty disclaimers or exclusions of liability."

And yet, in the PDDL, section 5 says. Isn't this a contractual warranty 
disclaimer and an exclusion of liability?

*5.0 Warranties, disclaimer, and limitation of liability*

5.1 The Work is provided by the Rightsholder "as is" and without any 
warranty of any kind, either express or implied, whether of title, of 
accuracy or completeness, of the presence of absence of errors, of 
fitness for purpose, or otherwise. Some jurisdictions do not allow the 
exclusion of implied warranties, so this exclusion may not apply to You.

5.2 Subject to any liability that may not be excluded or limited by law, 
the Rightsholder is not liable for, and expressly excludes, all 
liability for loss or damage however and whenever caused to anyone by 
any use under this Document, whether by You or by anyone else, and 
whether caused by any fault on the part of the Rightsholder or not. This 
exclusion of liability includes, but is not limited to, any special, 
incidental, consequential, punitive, or exemplary damages. This 
exclusion applies even if the Rightsholder has been advised of the 
possibility of such damages.

5.3 If liability may not be excluded by law, it is limited to actual and 
direct financial loss to the extent it is caused by proved negligence on 
the part of the Rightsholder.



On 10-11-15 10:43 AM, Tracey P. Lauriault wrote:
>
>
>     CIPPIC Open Licensing Projects
>
> (http://www.cippic.ca/open-licensing/)
>
>
>       Creative Commons Licenses
>
> CIPPIC is the Canadian home for the Creative Commons Canada 
> <http://creativecommons.ca/> licenses.  CIPPIC was involved in porting 
> the original CC licenses to Canada, and remains involved in updating 
> those licenses to their most recent version.
>
>
>       Municipal Data Licensing
>
> CIPPIC is a strong supporter of Canadian municipalities making their 
> data available for creative and innovative public use.  Current 
> projects include
>
> CIPPIC recently authored a review of the Ottawa Open Data Licensee, 
> offereing recommendations for making the license more usable.
>
>     * CIPPIC, The Open Data Ottawa License:  A Review and
>       Recommendations
>       <http://www.cippic.ca/uploads/open-licensing/CIPPIC-Ottawa_License_Report-2010-09-22.pdf>
>       (September, 2010)
>
>
>
> -- 
> Tracey P. Lauriault
> 613-234-2805
>
>
>
> _______________________________________________
> open-government mailing list
> open-government at lists.okfn.org
> http://lists.okfn.org/mailman/listinfo/open-government
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