BEFORE PROCEEDING PLEASE READ THE TERMS OF THIS AGREEMENT ('LICENCE AGREEMENT') CAREFULLY. YOU ARE LICENSED TO USE THE DATA ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT.
BY TICKING THE CHECKBOX ASSOCIATED WITH THIS LICENCE AGREEMENT BEFORE CONTINUING, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE 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 CLICK ON THE CANCEL BUTTON.
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, rest with NERC, unless otherwise stated. Your use of information provided by CEH is at your own risk. Please read any warnings given about the limitations of the information.
'Data' means the Land Cover Map 2007 1km Dominant Coverage (GB) or Land Cover Map 2007 1km Percent of Total Coverage (GB) datasets selected, including, but not limited to, delivery and presentation on the CEH 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 Centre for Ecology & Hydrology (CEH), a component part of the Natural Environment Research Council (NERC).
'Personal Use' means use by you acting on your own behalf.
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.
3.1 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;
3.4.2 any access that You provide to Derived Products and Services is restricted by the same terms that are held in 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.
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 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 CEH value added reseller agreement.
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 and 3.4.
4.6 You may not assign or transfer this Licence Agreement or any rights under it.
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.
6.1 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.
6.2 The following copyright notice and acknowledgements, 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.
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Geographical area |
Copyright notices and acknowledgements |
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GB |
LCM2007 © and database right NERC (CEH) 2011. All rights reserved. Contains Ordnance Survey data © Crown copyright and database right 2007. |
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Geographical area |
Acknowledgements |
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GB |
Landsat-TM5 satellite imagery © <Satellite/Ground station operator> 2007. Distributed by Eurimage. |
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GB |
IRS-LISS3 satellite imagery supplied by European Space Agency © Euromap, Space Imaging and Antrix Corporation Limited. |
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GB |
SPOT-4 and SPOT-5 satellite imagery supplied by European Space Agency © Spot Image and Centre National D’Etudes Spatiales (CNES). |
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GB |
AWIFS satellite imagery © Antrix Corporation Limited, distributed by Euromap. |
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GB |
Contains Ordnance Survey mapping data © Crown copyright and database right 2007. |
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GB |
Digital elevation data © Intermap Technologies Inc. or its suppliers 2003. |
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England and Wales |
Soils data for England and Wales © Cranfield University (NSRI) and for the Controller of HMSO. 2011. |
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England and Wales |
Office for National Statistics data © Crown Copyright and database right. Contains Ordnance Survey data © Crown copyright and database right 2001. |
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England |
Boundaries from Rural Payments Agency © Crown copyright and database right and/or © third party licensors. |
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Wales |
Boundaries from Welsh Government, Department of Rural Affairs © Crown Copyright and database right and/or © third party licensors. |
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Scotland |
Boundaries from Scottish Government © Crown Copyright and database right and/or © third party licensors. |
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Scotland |
SSKIB derived pH for 'semi-natural' soils for upper horizon for dominant soil © The James Hutton Institute 2010. |
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Scotland |
Land Cover of Scotland dataset, Crown Copyright 1992. It shall not be reproduced in any form whatever without the permission of The Controller of Her Majesty’s Stationery Office. Reproduced from OS Pathfinder Series with the permission of the Controller of HMSO. © Crown copyright 1992. |
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Scotland |
Scottish Government boundaries © Crown Copyright and database right and/or © third party licensors 2004. All rights reserved. |
The following copyright notice should be placed on all copies of information or images derived from the Data:
[Information] or [Images] based upon LCM2007 © NERC (CEH) 2011. Contains Ordnance Survey data © Crown Copyright 2007. © third party licensors.
6.3 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.
6.4 The Licensee will ensure that citation of the following publication for this dataset is included in full.
'Morton, D., Rowland, C., Wood, C., Meek, L., Marston, C., Smith, G., Simpson, I.C. 2011. Final report for LCM2007 – the new UK land cover map. CS Technical Report No 11/07 NERC/Centre for Ecology & Hydrology 112pp. (CEH project number: C03259).’
6.5 The development of LCM2007 was an integral part of the Countryside Survey of 2007 which was funded and steered by a partnership of nine government funded bodies led by the Centre for Ecology & Hydrology representing the Natural Environment Research Council (NERC) and the Department for Environment, Food and Rural Affairs (Defra). The other funding partners were: Natural England; Welsh Government; Scottish Government; Northern Ireland Environment Agency; Forestry Commission; Countryside Council for Wales; and Scottish Natural Heritage.
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.
8.1 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.
9.1 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 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.
10.1 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.
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.
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.
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.
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.