NRFA Data Terms and Conditions for access to time-series data and metadata

Click-Through Licence for Access to UK National River Flow Archive Data Available from the Centre for Ecology & Hydrology

The Data comprise part of the UK National River Flow Archive (NRFA) which is hosted by the Centre for Ecology & Hydrology (CEH) on behalf of the Natural Environment Research Council (NERC).  The NRFA is operated in partnership with UK hydrometric measuring authorities on behalf of the Department for Environment, Food & Rural Affairs (Defra), the Scottish Government and the Welsh Government. 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 or UK hydrometric measuring authorities. Your use of information provided by the CEH is at your own risk. Please read any warnings given about the limitations of the information.

DATA CURRENCY STATEMENT: please be aware that the NRFA time-series data and metadata (the Data) are subject to change through a rolling programme of regular updates. The Licensor is under no obligation to notify you of changes made to the Data.

1 DEFINITIONS

“the API” means the application programming interface made available by the Licensor and which provides access to the Data.

"Data" means the UK National River Flow Archive dataset selected and / or subsequently downloaded from the NRFA website, accessed via the API or otherwise provided by the NRFA.

“Data Suppliers” means Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency and the Northern Ireland Rivers Agency and other organisations who have supplied data for the UK National River Flow Archive.

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

“Use” means the following activities carried out in relation to the Data accessed directly via the website, API or otherwise provided by the NRFA: copying, extracting, adapting or altering the Data as well as exploiting the Data commercially and non-commercially for example, by combining it with other Information, or by including it in your own product or application.

"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.

2 GRANT OF LICENCE

The Licensor grants to the Licensee a non-exclusive, non-transferable, royalty free licence to Use the Data subject to the conditions below. The Licensor grants to the Licensee a non-exclusive, non-transferable, royalty free licence to use the API commercially and non-commercially subject to the conditions below. Your licence does not permit You to sub-license the API or the Data for any purpose.

3 RESTRICTIONS ON USE

3.1 You may not make the Data available for download from any internet site.

3.2 You may not rent, lease, sell, sublicense or otherwise distribute the Data to a third party except as part of a product or application utilising the API.

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

3.4 You may not use the API in any way that damages the performance or security of the API and You understand and agree that the Licensor may if it deems your use of the API to damage the performance or security of the API disable your access to the API and terminate this licence without notice.

3.5 You are not permitted to cache or store any Data accessed via the API except for a limited volume for the purpose of improving the performance of your products or applications. Such storage should be temporary (no longer than 30 calendar days), must be secure, should not manipulate or aggregate any part of the data and should not modify attribution in any way.

 

4 UNDERTAKINGS

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

4.2 In any publications, reports, products, applications or services arising from use of the Data You undertake to acknowledge the Data owner as stated in Clause 5.

4.3 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.

4.4 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.

4.5 You agree to take full responsibility for identifying whether the API is fit for any use that You make of it and You understand and agree that the Licensor will not be responsible for providing support in relation to your use of the API or in relation to any Derived Services.

5 OWNERSHIP

5.1 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.

5.1.1 The following acknowledgement 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: Data from the UK National River Flow Archive

5.1.2 For use of the Data or API in scientific and/or academic publications, accepted scientific referencing conventions will apply and You will act reasonably in carrying out such referencing.

5.1.3 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.

6 WARRANTY

6.1 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.

6.2 The Licensor and Data Suppliers give 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.

6.3 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.

6.4 The Licensor and Data Suppliers do not warrant that the API or the Data will meet your requirements or that the API’s operation or the operation of any Derived Services will be uninterrupted or error free. This licence agreement does not affect your statutory rights.

6.5 The Licensor and Data Suppliers do not warrant that the API or Data will remain unchanged in terms of content or structure.

7 LIABILITY

7.1 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 API and Data. Should the API or Data prove defective, You (and not the Licensor or Data Suppliers) assume the entire cost of all necessary servicing or correction.

7.2 In no event shall the Licensor or Data Suppliers 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 API or Data even if the Licensor has been made aware of the possibility of such damages.

7.3 The Licensor and Data Suppliers accept no liability for any loss or damage which may be caused by the API or Data 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.

7.4 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.

8 DATA PROTECTION

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

8.2 Any personal information provided or obtained shall be used only for the purposes of providing the Licensee with access to the Data or API, 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.

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

9 TERMINATION

9.1 The Licensor may terminate this Licence Agreement and disable the Licensee’s access to the API by providing the Licensee with 30 days notice of such termination.

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

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

Clauses 1, 6, 7, 9.3 and 12 will survive termination of this agreement.

10 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.

11 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.

12 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.

13 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.