Land and Property Services End User Licence
These additional terms are applicable when using a product that contains Northern Ireland data from ONS statistical data products.
End User Licence
THIS “PRODUCT” CONTAINS OR IS BASED UPON LAND & PROPERTY SERVICES (“LPS”) INTELLECTUAL PROPERTY SUBJECT TO CROWN COPYRIGHT (THE “COPYRIGHT MATERIALS”). THE CONTROLLER OF HER MAJESTY’S STATIONERY OFFICE (“HMSO”) HAS DELEGATED AUTHORITY FOR MANAGING THE “COPYRIGHT MATERIALS” TO THE CHIEF EXECUTIVE OF LAND & PROPERTY SERVICES (LPS). THE REMAINDER OF THE INTELLECTUAL PROPERTY IS LICENSED THROUGH THE OPEN GOVERNMENT LICENCE ADMINISTERED BY HMSO
THIS PRODUCT MAY ALSO CONTAIN INTELLECTUAL PROPERTY LICENSED FROM ROYAL MAIL GROUP. IF YOU USE THE POSTCODE, ORGANISATION NAME, POST TOWN OR UDPRN FOR ANY TRANSACTION USE, INCLUDING INTERNET USE, YOUR SUPPLIER WILL LICENCE YOU ACCORDINGLY.
IT IS UNLAWFUL TO USE THE “COPYRIGHT MATERIALS” WITHOUT THIS LICENCE.
PLEASE READ THIS LICENCE AGREEMENT CAREFULLY. BY OPENING THIS FILE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS LPS IS UNWILLING TO LICENSE THE “COPYRIGHT MATERIALS” TO YOU, AND YOU SHOULD NOT OPEN THIS FILE. IN SUCH CASE YOU SHOULD, WITHIN 14 DAYS, RETURN THE UNOPENED FILE AND ALL ACCOMPANYING ITEMS TO YOUR SUPPPLIER.
1. LICENCE
1.1 This “Product” contains or is based upon Intellectual Property, which are the “Copyright Materials”. This licence is granted by LPS on the terms and conditions set out herein.
1.2 This licence is personal to you and the licence granted herein is for your benefit only.
2. PERMITTED USE
2.1 You may use this “Product” solely for your own internal business use and at all times subject to the restrictions set out herein, all other uses are prohibited.
2.2 Subject to the provisions of Clause 2.1, where this “Product” is comprised of software or electronic data you may, insofar as it relates to the “Copyright Materials”:
2.2.1 load this “Product” into and use it on a computer system which is under your control; and
2.2.2 copy the software or Intellectual Property for backup and archival purposes and make up to two copies of the documentation (if any) accompanying the software or Intellectual Property provided that the original and each copy is kept in your possession and that your installation and use of the software or Intellectual Property does not exceed that allowed by this Licence.
3. TITLE
All “Copyright Materials” in this “Product” including those in any images, photographs, animation, videos, audio, music, software data and text incorporated in the “Product” are held by the Controller of Her Majesty’s Stationery Office and are protected by Crown copyright and database right and where applicable, copyright laws and international treaty provisions and you acknowledge that you have no rights therein except as set out in this Licence.
4. DISCLAIMER
LPS does not warrant that the “Copyright Materials” will meet your requirements or that their operation will be uninterrupted or error free. LPS excludes and hereby expressly disclaims all express and implied warranties or conditions not stated herein, so far as such exclusion is or disclaimer is permitted under the applicable law. This Licence does not affect your statutory rights.
5. LIABILITY
5.1 Although the information contained in the “Copyright Materials” has been prepared with reasonable care, LPS does not warrant the accuracy or completeness of the “Copyright Materials”. LPS does not warrant that your use of this “Product” will be uninterrupted or error free.
5.2 LPS disclaims all warranties either express or implied with respect to the “Copyright Materials” and any accompanying materials to the maximum extent permitted by law.
5.3 LPS liability to you for any losses shall not exceed the cost (as per the LPS price list) of the “Copyright Materials” contained within this “Product”.
5.4 In no event will LPS be liable to you for any indirect or consequential damages even if LPS has been advised of the possibility of such damages. In particular, LPS accepts no liability for any programs or data made or stored with the “Copyright Materials” nor for the costs of recovering or replacing such programs or data.
5.5 Nothing in this Clause limits LPS liability to you in the event of death or personal injury resulting from LPS negligence.
6. TERMINATION
6.1 The Licence hereby granted to use the “Copyright Materials” automati¬cally terminates if you:
6.1.1 fail to comply with any provisions of this agreement or any agreement relating to your ownership or use of this “Product”; or
6.1.2 are made bankrupt; or
6.1.3 enter into liquidation or/any arrangement with your creditors; or
6.1.4 have a receiver or administrator appointed with respect to any of your assets; or
6.1.5 fail to make royalty payments within 30 days of receipt of a valid invoice.
6.2 In the event of termination in accordance with Clause 6. you must either:
6.2.1 destroy or delete the copies of this “Product” including the “Copyright Materials” from all storage media in your possession; or
6.2.2 voluntarily return this “Product”, Intellectual Property or “Copyright Materials”.
6.2.3 The Licensee shall also procure that an officer or duly authorised executive provides a sworn statement or affidavit verifying the same.
7. SEVERABILITY
In the event that any provision of this Licence is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or LPS from any relevant competent authority LPS shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at LPS discretion such provision may be severed from this Licence and the remaining provisions of this Licence shall remain in full force and effect.
8. ENTIRE LICENCE
You agree that you have read and understand this Licence and agree that it constitutes the complete and exclusive statement of the Licence between you and LPS with respect to the subject matter.
9. ASSIGNMENT
This Licence is personal to you and you may not novate, assign, transfer, sub-contract or otherwise part with this Licence or any right or obligation under it without LPS prior written consent.
10. RIGHTS OF LPS
10.1 LPS shall have the right to enforce the provisions of Clauses 1.2, 2.2, 3, 4 and 6 as if it were a party to this End User Licence.
10.2 The parties to this End User Licence must obtain the written consent of LPS before they may, by agreement, vary this End User Licence and extinguish or vary LPS’ rights under Clause 10.1 to enforce the terms of this End User Licence as if it were a party. This applies, without limitation, in the circumstances set out in section 2(1) (a) to (c) of the Contracts (Rights of Third Parties) Act 1999.
10.3 LPS must inform the End User Licensee before it may bring proceedings to enforce the terms of Clauses 1.2 and 6.1.
10.4 If LPS brings proceedings to enforce the terms of Clauses 1.2 or 6.1, the End User shall only have available to it by way of defence a matter that would have been available by way of defence if LPS had been a party to the Licence.
11. LAW AND DISPUTES
This Licence and all matters arising from it are governed by and construed in accordance with the laws of Northern Ireland whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement.
If you have any questions about this Agreement, write to IPR Branch, Land & Property Services, Lincoln Building, 27-45 Great Victoria Street, Malone Lower, Belfast , BT2 7SL