Prairie Biodiversity Mapping and Assessment Tool Terms of Use

1. General

This User Agreement sets forth the Terms and Conditions of a license for you to use the data in Ducks Unlimited Canada’s (“DUC”) Prairie Biodiversity Mapping and Assessment Tool and its app (the “Tool”). For the purposes of this Agreement, data comprises all tabular, and all spatial and associated attribute data, contained within the Tool (“Tool Data”). By accessing and/or using the Tool, you have read, consent and agree to comply with all the Terms and Conditions of this User Agreement. The rights and obligations concerning use of the Tool in accordance with this User Agreement are personal to you or to members of your workplace who need to use the Tool Data for the purposes of their employment in accordance with this User Agreement and are not transferable to any other person or entity. Always check the Terms and Conditions whenever accessing or using the Tool, since any use by you after any such changes, modifications, or additions shall be governed by the updated User Agreement. 

2. Ownership

The Tool contains proprietary information of DUC. DUC is the sole and exclusive owners of all rights, titles and interests, including copyright, trademarks, trade names, trade secrets and other intellectual property rights, contained in the data and software of the Tool. 

You agree to not alter or remove any identification concerning authorship of any of the materials contained on or otherwise made available to you in the Tool. 

3. No Commercial Use

None of (a) the Tool, (b) the Tool Data nor (c) any work derived from or based upon the Tool Data may be put to Commercial Use without the prior written permission of DUC. For the purposes of these Terms and Conditions, “Commercial Use” means a) any use by, on behalf of, or to inform or assist the activities of, a commercial entity (an entity that operates ‘for profit’) or b) use by any individual or non-profit entity for the purposes of revenue generation. If you wish to use the information obtained from the Tool for such commercial purposes, please contact DUC directly here: https://iwwr.ducks.ca/contact/.

4. No Reposting and/or Redistribution

All forms of reposting, and any sub-licensing, reselling, or other forms of redistribution of the Tool Data in their original format, either whole or in part, alone or combined with other data, including within Derivative Works, are strictly prohibited without the prior written permission of DUC. You may not repost, or redistribute to any third party, the Tool Data in whole, or in part, by any means, including (but not limited to) electronic formats such as internet postings, web downloads, KML files or through file transfer protocols, electronic mailing, faxing, archiving in a public data, redistributing via a computer network, digital storage, memory stick or other electronic media or device, except as may otherwise be expressly permitted by DUC in writing through a formal Waiver.

If you wish to provide a service through which the Tool Data are otherwise made available for reposting or otherwise made available for redistribution, please contact DUC directly here: https://iwwr.ducks.ca/contact/. 

5. Usage

Provided that any use is otherwise in accordance with the Terms and Conditions of this User Agreement, you are hereby granted a limited, non-exclusive, non-transferable license to use, download and print the Tool Data and to install, run, access, and use the Tool in object code form only, without requesting prior permission, solely for conservation or education purposes, scientific analyses, and research. An electronic copy of all reports, publications or other products published using the Tool Data must be sent to DUC directly here: https://iwwr.ducks.ca/contact/. 

6. Acknowledgements and Citation

The recipient of the data will provide full acknowledgement and citation (which includes reference to the version of the Tool Data used) in any materials or publications derived in part or in whole from the data; relevant citation details are provided. For any publications making significant use of the data, DUC welcomes the opportunity for collaboration, and possible co-authorship, and to comment prior to publication. Expressions of interest can be sent directly to DUC directly here: https://iwwr.ducks.ca/contact/. 

7. DUC’s Prairie Biodiversity Mapping and Assessment Tool Updates

Unless required to do so for specific analyses, you should not use any version of the Tool Data after it has been superseded by a subsequent version. It is your responsibility to check if an update of the Tool Data is available. 

8. Feedback and Revised Information

In order to keep the Tool Data up to date, our team would welcome feedback on the quality, reliability and accuracy of the data. Such contributions should be free of restrictions, and DUC commits to provide appropriate acknowledgement and credit for any such contributions. The objective is to improve the Tool for the benefit of the global conservation community. For information on providing data to DUC for updating the Tool Data, please contact DUC directly here: https://iwwr.ducks.ca/contact/. 

9. Disclaimer of Warranty; Limitations on Liability

NEITHER DUC OR THEIR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICER, DIRECTORS, VOLUNTEERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT ACCESS TO AND USE OF THE TOOL AND THE TOOL DATA WILL BE FREE FROM INTERRUPTIONS OR FREE FROM ERRORS, NOR THAT ANY INFORMATION ACCESSIBLE FROM OR RELATED TO THE DATA IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS; NO WARRANTY IS MADE AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TOOL, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE TOOL. 

THE TOOL AND THE TOOL DATA ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MARCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DUC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF, OR INABILITY TO USE, THE TOOL EVEN IF DUC WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON.  

Under no circumstances shall DUC, its employees, directors, officers, volunteers or their affiliates or licensors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use, non-use or reliance upon the Tool Data, or that result from mistakes, omissions, interruptions, deletions, errors, or defects in the Tool Data, or delays in their operation, transmission or failure of performance. 

This Agreement will be construed and governed by the laws of the Province of Manitoba. 

10. Termination

DUC may terminate this User Agreement at any time, effective immediately, with or without prior notice. Termination of this Agreement automatically terminates your license to use the Tool Data and the Tool, and any content or other material contained therein. The provisions of Sections 3, 4, 5, and 6 shall survive any termination of this User Agreement. 

11. Definitions of Terms

Reposting 

Reposting involves publishing Tool Data in a largely unmodified form, in whole or in part, alone or combined with other data, by any means including (but not limited to) electronic formats such as a website or internet posting. If the data reposted are also made available for download, then the act of downloading falls under Redistribution. 

Redistribution 

Redistribution involves distributing or transmitting Tool Data to any third party, in whole or in part, by any means including (but not limited to) electronic formats such as web downloads, through web services such as APIs, through interactive web maps that grant users download access, KML files or file transfer protocols, electronic mailing, redistributing via a computer network, digital storage, memory stick, or any other electronic media or device. Sub-licensing and reselling are forms of Redistribution. 

Commercial Use 

Commercial Use means a) any use by, on behalf of, or to inform or assist the activities of, a commercial entity (an entity that operates ‘for profit’) or b) use by any individual or non-profit entity for the purposes of revenue generation. 

Derivative Works (Derivatives) 

A Derivative Work is a new work that is based upon all, or part, of the Tool Data. To be considered a Derivative Work, the new work must be transformative and include originality on the part of the creator, otherwise it may simply be considered Reposting or Redistribution, depending on the way the new work is made available. 

Citation:  

Ducks Unlimited Canada. 2025. Prairie Biodiversity Mapping and Assessment Tool. Website. Accessed on [day month year].