License Agreement Terms

GENERIC LICENSE AGREEMENT - LIMITED LICENSE TO USE COPYRIGHTED MATERIAL

Your organization's license will differ in geographic extent and use.

  1. Licensed Material

The DNR's proprietary Natural Heritage Information System (NHIS) Rare Features Data consists of several electronic data layers (and associated metadata) that contain documented locations of state-listed species within the state of Minnesota.  The LICENSEE is licensed to access the following subset of the NHIS Rare Features Data: NH Review Layer, within **list of counties**.  Said subset, including any portions thereof, are hereinafter referred to as "RARE FEATURES DATA" or “Protected Data” and is considered nonpublic  “specific location data” under Minnesota Statutes, section 84.0872. 

  1. Access to and Transfer of the Data

  1. The LICENSEE will access and view the RARE FEATURES DATA through the Minnesota Conservation Explorer (MCE), an online web-mapping application. The RARE FEATURES DATA will not be delivered to the LICENSEE and the LICENSEE will not be able to download the GIS layer from MCE onto their computer facilities. Access to the RARE FEATURES DATA must be limited to individuals who meet the requirement(s) identified in Sections 3B and 4 of this LICENSE.
  2. The LICENSEE must not permit access to the RARE FEATURES DATA by any other party, nor download the RARE FEATURES DATA to any other party or location, without prior written consent of the DNR.  Only employees of the LICENSEE will be allowed to access the RARE FEATURES DATA. Any requests for access to or use of the RARE FEATURES DATA must be referred directly to the DNR.
  3. Authority to limit access to the RARE FEATURES DATA is exercised under the Minnesota Data Practices Act (Minnesota Statutes, section 13.7931 subd. 1(a)), as the disclosure of the specific locations of the rare features described in the RARE FEATURES DATA may hinder the conservation of these rare features.  Access is granted in this license to promote a public benefit specified in Minnesota Statutes, section 84.0872, subd. 3.

  1. Restrictions on Use

  1. The RARE FEATURES DATA will be used by the LICENSEE only for **environmental review, site assessments and land acquisitions, natural resources management, or conservation planning purposes**.  No other use will be made of the RARE FEATURES DATA, except with prior written permission of the DNR.
  2. Access to the RARE FEATURES DATA will only be granted to employees of the LICENSEE who have read the NHIS External Training PowerPoint and associated training materials.
  3. Products, for the purpose of this LICENSE, are hereinafter defined as and include hard-copy or electronic versions of studies, summaries, reports, maps, proposals, plans, analyses, interpretations, derivative works, and compilations containing data from the RARE FEATURES DATA.
  1. The RARE FEATURES DATA or derivative data must not be posted online or used in any webpage application.
  2. The LICENSEE will be able to create maps and download tabular data of the RARE FEATURES DATA through the Minnesota Conservation Explorer. These Products are for the LICENSEE’s internal use only and must not be included in any publicly distributed Products, except with the prior written consent of the DNR.
  3. The LICENSEE may include a list of state-listed species found within an area of interest in publicly distributed Products, provided the area of interest is greater than or equal to nine square miles. The list may include a species name and associated status fields, date fields, and habitat fields.

  1. Duties Related to Protected Data

  1. All data created, collected and maintained as a part of this LICENSE is government data and must be handled according to the Minnesota Government Data Practices Act (MGDPA). 
  2. All Protected Data shared shall be secure from unauthorized use and disclosure under this Agreement. Licensee will be responsible for ensuring secure and proper handling by its employees, subcontractors and authorized agents of Protected Data maintained or disclosed on behalf of the DNR.  Licensee will require and collect a signed acknowledgement from any subcontractor or authorized agent or partner who receives Protected Data that they are bound by the terms and conditions of this Agreement.
  3. Licensee will not release or use the Protected Data for any purpose other than the use described in this LICENSE. If Licensee receives a request to release Protected Data, or any other data related to this LICENSE, Licensee will notify and work collaboratively with DNR to identify any Protected Data and respond to the request in compliance with MGDPA.
  4. Licensee will not use the Protected Data for any other purpose or further disclose or share the data except as allowed by this LICENSE or required by law. Licensee agrees not to copy, reproduce, or transmit Protected Data obtained pursuant to this LICENSE except as specifically allowed in this LICENSE.
  5. Licensee will use appropriate security safeguards to prevent the use or disclosure of the Protected Data by its employees, subcontractors or authorized agents for any purpose other than the purposes described in this LICENSE. This includes, but is not limited to, having implemented administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentially, integrity, and availability of any electronic data or hardcopy documents. Licensee employees, subcontractors and authorized agents will handle Protected Data under this LICENSE in a controlled and secure environment.
  6. Licensee will mitigate risks associated with the unauthorized access or data breach and report to the DNR any real or perceived security or privacy incident regarding the Protected Data. For purposes of this LICENSE, security incident means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of data or interference with information system operations. Privacy incident means violation of the MGDPA including, but not limited to, improper or unauthorized use or disclosure of Protected Data, and incidents in which the confidentiality has been breached.
  7. Licensee will certify that all its employees, subcontractors, partners, and authorized agents having access to data under this Agreement have been instructed and trained regarding the governing privacy and data practices provisions; maintaining data in a secure manner; and limiting access to work duties and assignments.
  8. Violation of the laws and protections described in this Agreement could result an investigation and civil and criminal penalties under Minnesota Statutes, sections 13.08 and 13.09.

  1. Assignment or Transfer of License

The LICENSEE may not assign, delegate, sublicense or otherwise transfer this LICENSE or any rights or obligations under this LICENSE to any other party, except with the prior written consent of the DNR.  This LICENSE will be binding upon the LICENSEE's respective contractors, assignees, and transferees.

  1. Copyright Notice

The LICENSEE must protect the DNR’s copyright interest in the RARE FEATURES DATA by including in any Product an appropriate copyright notice in the name of the DNR or the LICENSEE.  The copyright notice must state "Copyright (year) (name)" or a substantially similar copyright notice.  (For example, "Copyright 2022 State of Minnesota, Department of Natural Resources".)  The LICENSEE will cooperate with the DNR in enforcing any infringement of copyright for Products produced by the LICENSEE under this LICENSE.

  1. Acknowledgement

The LICENSEE, when using the RARE FEATURES DATA, must acknowledge DNR's Division of Ecological and Water Resources as the source of the information.  This will be done by printing the following or a substantially equivalent statement on any Product containing the RARE FEATURES DATA:

Data included here were provided by the Division of Ecological and Water Resources, Minnesota Department of Natural Resources (DNR), and were current as of (date delivered).  These data are not based on an exhaustive inventory of the state. The lack of data for any geographic area will not be construed to mean that no significant features are present.

  1. DNR Logos

This LICENSE does not authorize the LICENSEE to use DNR logos, trademarks or other identification marks or symbols, except with the prior written consent of the DNR.

  1. Endorsement of Products

The LICENSEE will not state or imply that the DNR endorses, approves, or is responsible for any Product derived by the LICENSEE from the RARE FEATURES DATA, unless the DNR provides express written consent prior to release of the Product.

  1. Data Updates and Termination of Agreement

  1. The RARE FEATURES DATA is updated quarterly in the Minnesota Conservation Explorer.
  2. This LICENSE is granted for two years and will terminate on the anniversary of the date of the final required signature on page 5. 
  3. Upon termination of the LICENSE, the LICENSEE will no longer be able to access the RARE FEATURES DATA within the Minnesota Conservation Explorer. In order to maintain uninterrupted access to the RARE FEATURES DATA, the LICENSEE will need to plan accordingly and execute a new LICENSE prior to the termination date.
  4. Either party may terminate, without cause, this LICENSE thirty (30) days after providing written notice to the other party at any time. 

  1. Disclaimer

THE RARE FEATURES DATA IS MADE AVAILABLE ON AN "AS IS" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY SORT INCLUDING, SPECIFICALLY, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, OR WARRANTIES RELATING TO THE ACCURACY OR COMPLETENESS OF THE RARE FEATURES DATA.

  1. Notification to the DNR

  1. The LICENSEE must provide one copy free of charge to the State Representative identified in Section 13 of any published research paper that includes analysis or summary of the RARE FEATURES DATA or derivative data. Electronic copies of reports must be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of Minnesota guidelines for creating accessible electronic documents can be found at the following URL: https://mn.gov/mnit/programs/accessibility/. Publication of maps or text identifying specific location data of state-listed species is prohibited.
  2. The LICENSEE must notify the State Representative identified in Section 13 of any activities or actions that have the potential to impact state-listed threatened or endangered species. Minnesota’s endangered species law (Minnesota Statutes, section 84.0895) and associated rules (Minnesota Rules, part 6212.1800 to 6212.2300 and 6134) prohibit the take of threatened or endangered species without a permit. 
  3. The LICENSEE must notify the State Representative identified in Section 13 in writing of any errors found, or any other needed corrections or modifications to the RARE FEATURES DATA.
  4. Throughout the term of this LICENSE, the LICENSEE must submit any data collected on the locations of state-listed species to the Natural Heritage Information System following the instructions on the NHIS webpage. The LICENSEE hereby grants to DNR a perpetual, irrevocable, non-exclusive, royalty-free LICENSE to use said data.

  1. State Representative

Questions regarding the administration of this LICENSE or use of the RARE FEATURES DATA should be referred to:

Lisa Joyal, NHIS Data Distribution Coordinator, at lisa.joyal@state.mn.us

  1. Venue and Jurisdiction

This LICENSE will be governed by the laws of the State of Minnesota.  Venue for all legal proceedings arising out of this LICENSE, or breach thereof, will be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota.

  1. Other Applicable Laws and Severability

Nothing herein will be construed to violate any Federal or State law or regulation.  If a provision of this LICENSE is found by administrative proceedings or a court of proper jurisdiction to be in violation of Federal or State law or regulation, this LICENSE will be immediately terminated, unless DNR gives the LICENSEE written notice that this LICENSE is not terminated.

  1. State Audits

The books, records, documents, and accounting procedures and practices of the LICENSEE relevant to this LICENSE will be subject to examination by the DNR and state and legislative auditors, and must be kept by the LICENSEE for a minimum of six (6) years after the expiration or termination of this LICENSE.