Data licence

CLICK-THROUGH LICENCE FOR ACCESS TO COUNTRYSIDE SURVEY DATA AVAILABLE FROM THE CENTRE FOR ECOLOGY & HYDROLOGY

BEFORE PROCEEDING PLEASE READ THE TERMS OF THIS AGREEMENT "(LICENCE AGREEMENT)" CAREFULLY. YOU MAY OBTAIN A COPY OF THIS DATA BY DOWNLOADING IT FROM THE COUNTRYSIDE SURVEY WEB PAGES. YOU ARE LICENSED TO USE THE DATA ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT.

BY CLICKING IN THE CHECK BOX TO AGREE TO THIS LICENCE YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE AFFILIATION SPECIFIED IN YOUR APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT CLICK IN THE CHECK BOX.

The Data is held by the Centre for Ecology & Hydrology (CEH) on behalf of The Natural Environment Research Council (NERC). Ownership of the Data and all rights subsisting in the Data, including copyright, database rights and rights to apply for patents or any other intellectual property rights, rests with NERC unless otherwise stated. Your use of information provided by the CEH is at your own risk. Please read any warnings given about the limitations of the information.

1 DEFINITIONS

"Data" means the Countryside Survey data including, but not limited to, delivery and presentation on the CEH web pages and/or subsequently downloaded.

"Internal Business Use" means use of the Data within your organisation to support your organisation’s activities.

“You” or "Licensee" means either (a) the individual accepting the terms of this licence on their own behalf, or (b) the corporate entity or partnership on whose behalf those terms are accepted.

"Licensor" means Centre for Ecology & Hydrology (CEH), a component part of the Natural Environment Research Council (NERC).

"Personal Use" means use by You where You are acting on your own behalf.

2 GRANT OF LICENCE

The Licensor grants to The Licensee a non-exclusive, non-transferable, royalty free licence to use the Data, providing the use falls within the permitted use set out below and for no other purpose. Your licence does not permit You to sub-license for any purpose.

3 PERMITTED USE

3.1 Where You are an individual Licensee You may use the Data for your own Personal Use.

3.2 Where You are a corporate entity or partnership You may use the Data for Internal Business Use.

3.3 You may disseminate publications and reports based upon the Data to third parties, including to third party internet sites.

4 RESTRICTIONS ON USE

4.1 You may not make the Data available on any internet site.

4.2 You may not use the Data in connection with any tender where such use will provide the tenderer with a competitive advantage resulting in financial profit or gain.

4.3 You may not build products or services for commercial gain based either wholly, or in part, on the Data.

4.4 You may not rent, lease, sell, sublicense or otherwise distribute the Data to a third party.

4.5 You may not rent, lease, sell, sublicense or otherwise distribute products based either wholly, or in part, on the Data to a third party, except as permitted in Clause 3.3.

4.6 You may not assign or transfer this Licence Agreement or any rights under it.

5 UNDERTAKINGS

5.1 You undertake to hold all data and all other information relating to the Data confidential and not at any time disclose the same, whether directly or indirectly, to any third party without the consent of the Licensor.

5.2 In any publications or reports arising from use of the Data, You undertake to acknowledge the Data owner as stated in Clause 6.

5.3 You undertake to store the Data in such a way that they can be accessed and used only in accordance with the terms of the Licence Agreement.

5.4 You undertake to ensure that all persons to whom You make the Data accessible are aware of the limitations placed upon the use of the Data by this Licence Agreement, and ensure that such persons comply with all the restrictions placed upon the use of and access to the Data as set out in this Licence Agreement.

6 OWNERSHIP

6.1 The Licensor or its third party licensors retain ownership of the Data and related documentation, which are also protected under applicable copyright and database laws.

6.1.1 The following acknowledgement and copyright notice (where applicable), shall, unless otherwise stated, be used on all copies of the Data, publications and reports, including but not limited to, use in presentations to any audience.

Acknowledgement: Countryside Survey data owned by NERC – Centre for Ecology & Hydrology

Countryside Survey © Database Right/Copyright NERC – Centre for Ecology & Hydrology. All rights reserved.

6.1.2 For use of the Data in scientific and/or academic publications, the authors are to be cited in accordance with the details at the following website:

http://www.countrysidesurvey.org.uk/outputs/how-cite-cs-reports

 

6.1.3 You will ensure that citation of any relevant key publications and Digital Object Identifiers identified in the metadata record for the Data are included in full in the reference list of any reports or publications that describe any research in which the Data have been used.

7 WARRANTY

7.1 Data may have been transcribed from analogue to digital format, or may have been acquired by means of automated measuring techniques. Although such processes are subjected to quality control to ensure reliability where possible, some data may have been processed without human intervention and may as a consequence contain undetected errors.

7.2 The Licensor gives no warranty as to the accuracy or completeness of the Data, including in the form in which they are cached or downloaded to your computer, as they may be affected by on-line conditions over which the Licensor has no control.

7.3 The data, information and related records supplied by the Licensor should not be taken as a substitute for specialist interpretations, and /or professional advice. You must seek professional advice before making technical interpretations on the basis of the materials provided.

7.4 The Licensor does not warrant that the Data will meet your requirements or that its operation will be uninterrupted or error free. This licence agreement does not affect your statutory rights.

8 LIABILITY

8.1 All guarantees, representations and warranties of any kind, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or ability to achieve a particular result are hereby excluded, so far as such exclusion or disclaimer is permitted under the applicable law. You assume the entire risk as to the quality and performance of the Data. Should the Data prove defective, You (and not the Licensor) assume the entire cost of all necessary servicing or correction.

8.2 In no event shall the Licensor be liable for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever arising out of the use of or inability to use the Data, even if the Licensor has been made aware of the possibility of such damages.

8.3 The Licensor accepts no liability for any loss or damage which may be caused by the condition of the file in which the information is provided and the Licensee is expected to operate suitable anti-virus software before loading it into its computer system. The Licensee also being responsible for ensuring that the form of the information received is compatible with its computer system and any other data with which the information is to be used.

8.4 Nothing in this Licence Agreement shall exclude or limit the liability of the Licensor or the Licensee for fraudulent misrepresentation or for death or personal injury resulting from the negligence of the Licensor or the Licensee.

9 DATA PROTECTION

9.1 The Licensor will treat any personal information provided or obtained, in accordance with the provisions of the Data Protection Act of 1998.

9.2 Any personal information provided or obtained shall be used only for the purposes of providing the Data to the Licensee, for communication relating to updates and amendments, relating to CEH products or services, and for system administration of the web server, unless otherwise agreed by the Licensee.

9.3 The Licensor will on request, delete or remove any personal information held from a Licensee.

10 TERMINATION

10.1 The Licensor may terminate this Licence Agreement by providing the Licensee with 30 days notice of such termination.

10.2 The Licence Agreement will terminate automatically if any of its terms are breached by the Licensee.

10.3 Upon termination all rights You have to use the Data will cease and You must destroy or delete the Data (including partial or modified versions and datasets derived from the Data) and all copies from all storage media in your control.

Clauses 1, 7, 8, 10.3 & 13 will survive termination of this agreement.

11 SEVERABILITY

If any provision of this licence agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this licence agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

12 ENTIRE AGREEMENT

This licence agreement contains the entire agreement between parties relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between parties relating to that subject matter.

13 GOVERNING LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.

14 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

A person who is not party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.