Risk Management Population Simulation Model
RISKMAN End-User Licence In consideration of the covenants of the End User Licensee in subsection (ii) below, Her Majesty the Queen in right of Ontario as represented by the Minister of Natural Resources ("MNR") hereby grants ____________________ (the "End-User Licensee") a perpetual non-exclusive, non-transferrable licence (the "End-User Licence") to use, copy, produce or re-produce the Enhanced Software solely for research, development and wildlife management for the End-User Licensee's own purposes, programs or operations; it being understood and agreed that: (i) the End-User Licensee shall have the right to make changes or enhancements (the "Enhancements") to the Enhanced Software and the End-User Licence shall include and apply to any Enhancements; and for the purposes of greater clarification, the End-User Licensee shall have the same rights to use such Enhancements as it has to use the Enhanced Software; (ii) all right, title, claim and interest, including without limitation any and all copyright, patent rights and all other intellectual property rights in and to the Enhancements, including without limitation the source code thereof, shall accrue to and vest solely and absolutely in MNR, and the End-User Licensee agrees to execute such further written assurances to effect the aforesaid as may be required from time to time by MNR, including without limitation an assignment of copyright in form and substance satisfactory to MNR and MNR undertakes to make Enhancements available to end-users through an End-User Licence; (iii) the Licensee agrees to waive all of its moral rights as prescribed by the Federal Copyright Act in or to the Enhancements in favour of MNR and to provide MNR with a written waiver of all such moral rights as and when requested by MNR, from such End-User Licensee and from any parties whom such End-User Licensee has caused or instructed or permitted to develop the Enhancements in whole or in part; (iv) the End-User Licensee agrees to take the Enhanced Software "as is" without any warranty or representation from MNR of any kind whatsoever; (v) the End-User Licence is non-transferrable and the End-User Licensee agrees not to assign the End-User Licence in whole or part without the express prior written consent of MNR; (vi) the End-User Licence shall not include any right to sell, market, licence or otherwise distribute or deal with the Enhanced Software or any of the Enhancements and any such rights are hereby expressly prohibited without the express prior written consent of MNR; (vii) the End-User Licensee agrees to pay MNR a nominal End-User Licence fee in consideration of End-User Licence administration and software distribution costs as MNR may from time to time determine; (viii) MNR shall have the right to terminate any End-User Licence in the event of any breach thereof by the End-User Licensee which is not duly rectified within 15 days of the End-User Licensee's receipt of written notification from MNR of such breach. (ix) the End-User Licence shall not include any right to use, incorporate or merge any portions of the Enhanced Software with any Software other than the Enhanced Software and any of its Enhancements and such rights are hereby expressly prohibited.
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