Click-through licence for access to Land Cover Map 1km products available from the UK Centre for Ecology & Hydrology


THIS IS A LEGACY LICENCE AND IS NOT APPLICABLE TO DATA ACCESSED AFTER 10 OCTOBER 2021
THE LATEST VERSION OF THE LICENCE UNDER WHICH THIS DATA CAN BE ACCESSED IS AT https://eidc.ceh.ac.uk/licences/lcm-raster


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 UK Centre for Ecology & Hydrology (UKCEH), unless otherwise stated. Your use of information provided by the UKCEH is at your own risk. Please read any warnings given about the limitations of the information.

1 DEFINITIONS

'Data' means the dataset selected, including, but not limited to, delivery and presentation on the UKCEH web pages and/or subsequently downloaded.

'Financial Gain' means any revenue or credit received which exceeds the incremental costs of an activity.

'Internal Business Use' means use of the Data within the corporate entity that employs you.

'Licensee' means any user accepting the terms of this licence either on their own behalf, or on behalf of any corporate entity which employs them or which they represent.

'Licensor' means UK Centre for Ecology & Hydrology (UKCEH).

'Personal Use' means use by you 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. The Licensee is not permitted to sub-license the Data for any purpose.

3. PERMITTED USE

3.1 You may use the Data for your own Personal Use.

3.2 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.

3.4 You may build products and services (Derived Products and Services) based either wholly or in part on the Data and provide access to such Derived Products and Services provided that:

3.4.1 You do not provide access to Derived Products and Services that can act as a substitute for the Data or other products and services of the Licensor;

3.4.2 any access that You provide to Derived Products and Services is restricted by a licence permitting only such rights as are granted to You by this Licence Agreement;

3.4.3 You do not seek to make Financial Gain directly or indirectly as a result of providing access to Derived Products or Services unless otherwise permitted by the terms of a UKCEH value-added reseller agreement which can be arranged through discussion with the UKCEH Data Licensing team (spatialdata@ceh.ac.uk).

3.5 Use of the Data in the performance of a contract that has been issued to You by a contracting body who has itself agreed to these Terms of Use and who will only use the goods and services that you provide for Internal Use and in a manner which is compliant with these Terms of Use is permitted.

3.6 Use of the Data solely for the purposes of evaluating the Data’s suitability for future potential Commercial use will not be deemed Commercial use.

4. RESTRICTIONS ON USE

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

4.2 You may not build and provide access to products or services for Financial Gain where those products and services are based either wholly, or in part, on the Data unless otherwise permitted by the terms of a UKCEH value-added reseller agreement.

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

4.4 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 or 3.4 or 3.5.

4.5 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 and 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 the Licensor retains ownership of the 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 images of the Data including but not limited to, their use in publications, reports and in presentations to any audience.

For data covering Great Britain:

Acknowledgement: Data owned by UK Centre for Ecology & Hydrology
© Database Right/Copyright UKCEH. Contains Ordnance Survey data © Crown copyright and database right 2007.

For data covering Northern Ireland:

Acknowledgement: Data owned by UK Centre for Ecology & Hydrology
© Database Right/Copyright UKCEH. © Crown Copyright and/or database right 2011. Licence number 100,427.

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

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 following privacy notice: https://www.ceh.ac.uk/privacy-notice.

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 UKCEH products or services, and for system administration of the webserver unless otherwise agreed by the Licensee.

9.3 The Licensee permits the Licensor to supply such personal information to third parties, limited to where there is a contractual obligation for the Licensor to do so.

9.4 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.

10.4 Clauses 1, 7, 8, 10.3 and 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.