Copyright Information - Data Download

Public Sector End User Licence Agreement

This licence agreement is between the Dataset Licensor and the End User.

By opening the zip file and using the data you are agreeing to the specific terms and conditions contained within the licence that is included in the dataset download zip file
.


Background

The Licensor is a Public Body licensed by Ordnance Survey to use Supplied Data upon particular terms. This End User Licence is entered into pursuant to the Licensor’s licence with Ordnance Survey, to set out the terms upon which the End User is licensed to use Supplied Data.

1 Definitions & Interpretation

Commercial Activity means any activity which involves or is intended to involve Financial Gain.

Competing Activity means an activity that has been determined as a competing activity, or is in the process of being reviewed, pursuant to the terms of the licence between Ordnance Survey and the Licensor.

Financial Gain means any revenue or credit received which exceeds the incremental costs of supplying or making available to a recipient any copy of any Supplied Data. Financial Gain does not include any receipts from Statutory Charges.

End User Purpose means the purpose described in Appendix 2 to this End User Licence or if Appendix 2 has not been completed, the purpose communicated by the Licensor to the End User at the time that the Supplied Data has been made available to the End User or from time to time.

IPR means intellectual property rights, including copyright, patent, trade mark, design right, database rights, trade secrets, know how, rights of confidence and all other similar rights anywhere in the world whether or not registered and including applications for registration of any of them.

Ordnance Survey means the Secretary of State for Business, Innovation and Skills, acting through Ordnance Survey whose principal place of business is at Explorer House, Adanac Drive, Southampton, SO16 0AS.

Statutory Charge means charges which the Licensor or End User is expressly permitted to charge pursuant to a formal written enactment of a legislative authority that governs the United Kingdom of Great Britain and Northern Ireland, Scotland, Wales, and/or Northern Ireland to which the Licensor or End User is subject.

Style Guide means the then current version of the style guide available on Ordnance Survey’s Website including electronic artwork and requirements as to the use of acknowledgements of copyright and database right ownership.

Supplied Data means the data provided by the Licensor to the End User as set out in Appendix 1.

Term means the period required to fulfil the End User Purpose, which shall under no circumstances exceed the duration of the licence between Ordnance Survey and the Licensor.

Use means copying, using and/or amending whether in electronic or paper form, only to enable the End User to undertake the End User Purpose and Using shall have an equivalent meaning.

Website means the website http://www.ordnancesurvey.co.uk or such other website as Ordnance Survey determines from time to time.

Working Day means any day other than a Saturday, Sunday or public holiday in England, Wales, Scotland or Northern Ireland.


1.1 In this End User Licence, unless the context otherwise requires:

1.1.1 words in the singular include the plural and vice versa;

1.1.2 references to: a) a Clause or Appendix are to a clause or appendix of this End User Licence; b) a party are to a party to this End User Licence; and c) a statute or statutory provision include any amendment, extension or re-enactment of such statute or provision.

2 Licence
2.1 In consideration of the payment by the End User to the Licensor of the sum of £1 (receipt of which is hereby acknowledged), the Licensor grants to the End User a non-exclusive, non-transferable licence (revocable pursuant to the terms of this End User Licence) to Use Supplied Data for the End User Purpose for the Term.

2.2 This Licence is limited specifically to the rights granted in Clause 2.1 and subject to the obligations set out in the remainder of this Licence, in particular the End User's obligations set out in Clause 3. This Licence allows the End User personally (not any affiliated body or group) to use Supplied Data only to the extent required for the End User Purpose, but does not allow the End User to use Supplied Data for Commercial Activity and/or any Competing Activity.

3 End User's Obligations
3.1 The End User shall Use the Supplied Data exclusively for the End User Purpose and for no other purpose

3.2 The End User shall:

a) ensure that the Supplied Data is not copied, adapted, varied or modified except to and only to the extent to which any of those acts are expressly permitted by this Licence;

b) ensure that it does not use the Supplied Data for any Commercial Activity and/or for a Competing Activity;

c) not use Supplied Data for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of Supplied Data or any person;

d) use its best endeavours to use adequate technological and security measures Ordnance Survey or the Licensor may reasonably recommend from time to time, to ensure that all Supplied Data which the Licensor provides the End User and which the End User holds or is responsible for are secure from unauthorised use or access;

e) notify the Licensor and/or Ordnance Survey as soon as it suspects any infringement of Ordnance Survey’s IPR and give the Licensor and Ordnance Survey all reasonably required assistance in pursuing any potential infringement or remedying any unauthorised use;

f) ensure that any copy protection measures are not altered;

g) include a background watermark to identify the source of the Supplied Data on any electronic copies of the Supplied Data at map scales of 1:10 000 or larger scale. The watermark must appear at least once and cover at least 10% of the map image reproduced;

h) ensure that acknowledgements of copyright and database right ownership are included in a conspicuous position in all copies of Supplied Data in compliance with the Style Guide; and

i) ensure that any Use of the Supplied Data must show the appropriate trade mark notations, which shall be notified to the End User by the Licensor, and shall not tamper with or remove any of the trade mark symbols or notices which are shown on any Supplied Data.

3.3 This End User Licence does not give the End User the right to sub-license, distribute, sell or otherwise make available the Supplied Data to third parties save where expressly permitted in writing by the Licensor and Ordnance Survey

3.4 The End User hereby assigns to the Licensor all present and future IPRs it owns in amendments or adaptations made to the Supplied Data or other original works produced in the course of undertaking the End User Purpose and irrevocably waives its moral rights.

4 Termination
4.1 Either party may terminate this End User Licence with immediate effect at any time by giving notice to the other party in writing.

4.2 This End User Licence will terminate automatically with immediate effect in the event that the Licensor’s licence with Ordnance Survey is terminated or expires.
The Licensor will inform the End User of such termination as soon as practicable following such termination.

4.3 In the event of termination or expiry of this End User Licence, the End User shall within 30 days of such termination or expiry destroy (or at Ordnance Survey’s or the Licensor’s option return) all the Supplied Data in any media which it holds or for which it is responsible (including any Supplied Data embedded in any other material) and provide, at Ordnance Survey’s or the Licensor’s request, a sworn statement by a duly authorised person that it no longer holds any Supplied Data.

4.4 Those Clauses intended to survive termination or expiry (including, without limitation, Clauses 1, 3.2 d) and e), 4.2 to 4.4, 5, 6, 8, 10, 11 and 12) shall continue in full force and effect notwithstanding such termination or expiry.

5 Limitation
5.1 Subject to Clause 5.2, nothing in this Licence shall make the Licensor liable in contract, tort (including without limitation negligence, pre-contractual or other representations) or otherwise arising out of or in connection with this Licence for:

j) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);

k) any loss of goodwill or reputation;

l) any special, indirect or consequential losses in any case whether or not such losses were within the contemplation of the parties at the date of this Licence.

5.2 Nothing in this Licence shall exclude or limit liability of a party for death or personal injury resulting from the negligence of that party or its servants, agents or employees or for fraudulent misrepresentation

5.3 The Licensor and Ordnance Survey exclude to the fullest extent permissible by law all express or implied warranties.

5.4 Subject to Clause 5.2, the Licensor's total liability in this Licence in aggregate shall not exceed any sum paid by the End User for the Supplied Data.

6 Indemnity
6.1 The End User shall indemnify and keep indemnified the Licensor and/or Ordnance Survey against all their liabilities and losses and all demands, liabilities, claims made, or proceedings brought, against the Licensor and/or Ordnance Survey in respect of any loss or damage and against all costs and expenses reasonably incurred in dealing with or in settling such demands, liabilities, claims or proceedings arising from the acts, omissions or defaults of the End User relating to this Licence or from the breach of any provision of this Licence by the End User except to the extent that any such liability is directly attributable to any negligent act of the Licensor.

6.2 The Licensor shall notify the End User as soon as practicable and in any event within 10 Working Days of any demand or claim made, or proceedings brought against the Licensor in respect of any relevant loss or damage.

7 Variation
7.1 The Licensor shall be entitled to vary this End User Licence with immediate effect by giving notice in writing to the End User.

7.2 If the End User is not entitled to use specific Supplied Data as a result of the variation of this End User Licence in accordance with Clause 7.1, then this shall be treated as a termination in part in relation to that specific Supplied Data and the End User shall comply with an obligation equivalent to Clause 4.3 with respect to such Supplied Data.

8 Auditing
8.1 Upon Ordnance Survey’s or the Licensor’s written request, the End User shall provide written evidence of compliance with its obligations under this End User Licence.

8.2 The End User shall maintain accurate and complete records of its use of the Supplied Data. Ordnance Survey and/or the Licensor (and their respective representatives) have the right on reasonable notice during business hours to enter the End User’s premises and to inspect and audit its systems, operations and all supporting documentation to ensure the End User’s compliance with this End User Licence and to take copies of any necessary records. The End User shall, at its expense, make appropriate employees and facilities available to provide Ordnance Survey and/or the Licensor with all reasonable assistance to enable such inspection, auditing and copying to take place.

8.3 The End User will comply with reasonable measures stipulated by Ordnance Survey or the Licensor as a result of any audit.

9 Assignment, subcontracting and sublicensing
9.1 Except as agreed in writing by Ordnance Survey, neither party is entitled to assign, license, transfer or novate any of their rights and/or obligations under this End User Licence.

10 Contracts (Rights of Third Parties) Act 1999
10.1 Subject to Clause 10.2, a person who is not a party to this End User Licence has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this End User Licence.

10.2 Ordnance Survey shall be entitled to the benefit of the terms of this End User Licence and the rights to enforce such terms under the Contracts (Rights of Third Parties) Act 1999.

11 Waiver
11.1 The waiver on a particular occasion by either party of rights under this End User Licence does not imply that other rights will be waived.

11.2 No delay in exercising any right under this End User Licence shall constitute a waiver of such right.

12 Governing Law and Jurisdiction
12.1 This End User Licence is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English courts.

Appendix 1 to the End Use Licence

Supplied Data – the dataset contained in the dataset download zip file


Appendix 2 to the End Use Licence

End User Purpose – the purpose defined by the Licensor of the dataset and contained within the licence that is included in the dataset download zip file.



If you have any questions about this licence contact:

Carol.Hrynkiewicz@defra.gsi.gov.uk