Landmark Historic Map Data Sub-Licence Agreement
(2008 - 2011)
NOTE: This licence does not affect use of the Land Use Map Viewer. Please consult the help pages within that service for its terms and conditions.
THE HIGHER EDUCATION FUNDING COUNCIL FOR ENGLAND ("HEFCE"), a body corporate established under The Further and Higher Education Act 1992 whose principal place of business is at Northavon House, Coldharbour Lane, Bristol, BS16 1QD.
OFFERS to you, the Sub-Licensee, the permission to access and use the Licensed Work on the terms and conditions as set out in this Sub-Licence. Upon completing and returning the enclosed Acceptance of Sub-Licence Form, your institution will become a non-exclusive Sub-Licensee of HEFCE.
Acceptance shall be by delivery of a completed copy of the Acceptance of Sub-Licence Form attached hereto to the Joint Content Procurement Company ("JISC Collections") or a JISC Collections authorised agent who will accept delivery on behalf of HEFCE. Acceptance shall be acceptance of all terms of this Sub-Licence. In the event that no or partial compliance is made as to the manner or form described for acceptance, no sub-licence will be granted and this offer is deemed withdrawn.
RECITALS
WHEREAS the Landmark Historic Map Data is a digital archive of historical archive of town plans, county series and post-war national grid mapping;
AND WHEREAS the Landmark Historic Map Data and all Intellectual Property Rights (as hereafter defined) therein are owned by or licensed to Landmark Information Group Limited;
AND WHEREAS by an agreement between Landmark Information Group Limited and HEFCE (the "Landmark Historic Map Data Supply and Licence Agreement"), HEFCE is permitted to sub-license the access and use of Landmark Historic Map Data to Sub-Licensees in accordance with the terms of this Sub-Licence;
AND WHEREAS HEFCE has delegated certain duties and obligations relating to this Sub-Licence to JISC. JISC will act as the point of contact and, will oversee and co-ordinate the licensing process with the Sub-Licensees;
HEFCE AND THE SUB-LICENSEE AGREE AS FOLLOWS:
1.DEFINITIONS
1.1 In this Sub-Licence, the following expressions shall have the following meanings:
"Authorised Users"
means individuals who are authorised by an Authorised Institution to access such Authorised Institution's information services whether on-site or off-site via Secure Authentication and who are affiliated to the Authorised Institution as a current student (including but not limited to undergraduates and postgraduates), member of staff (whether on a permanent or temporary basis including retired members of staff and any teacher who teaches Authorised Users in the United Kingdom) or contractor of the Authorised Institution. Persons who are not a current student, member of staff or a contractor of an Authorised Institution, but who are permitted to access the Authorised Institution's information services from computer terminals or otherwise within the physical premises of such Authorised Institution ["Walk-In Users"] are also deemed to be Authorised Users, only for the time they are within the physical premises of such Authorised Institution. Walk-In Users may not be given means to access the Licensed Work when they are not within the physical premises of such Authorised Institution. For the avoidance of doubt, Walk-In Users may not be given access to the Licensed Work by any wireless network provided by an Authorised Institution unless such network is a Secure Network.
"Commercial Use"
means the use of the whole or parts of the Licensed Work for any reason which generates a profit.
"Educational Purposes"
means for the purpose of education, teaching, distance learning, private study and/or research.
"Fee"
means the fee as set out in Schedule 1.
"Intellectual Property Rights"
means patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
"JORUM Repository"
means the central repository of learning and teaching material funded by the UK funding bodies.
"Library Premises"
means the physical premises of the library or libraries operated by† the Sub-Licensee.
"Licensed Work"
means the collection of Licensor's digital map data products which is known to the parties as "Landmark Historic Map Data" comprising the products as listed in Schedule 2.
"Sub-Licensee"
means the sub-licensee whose details are set out in the Acceptance of Sub-Licence Form attached hereto and made a part hereof.
"Secure Authentication"
means access to the Licensed Work by Athens authentication or Security Assertion Mark-up Language (SAML) technology based authentication, Internet Protocol ("IP") ranges or by another means of authentication agreed in writing between the Licensor and the Licensee from time to time.
"Secure Network"
means a network which is only accessible by Secure Authentication.
1.2 Headings contained in this Sub-Licence are for reference purposes only and shall not be deemed to be an indication of the meaning of the clause to which they relate.
1.3 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.
2. GRANT OF SUB-LICENCE
2.1 The Sub-Licensee agrees to pay the Fee set out in Schedule 1, in consideration of which HEFCE agrees to grant to the Sub-Licensee a non-exclusive sub-licence to access and use the Licensed Work and to allow Authorised Users to access and use the Licensed Work throughout the term of this Sub-Licence by Secure Authentication for Educational Purposes only.
3. USE OF THE LICENSED WORK
3.1 Throughout the term of this Sub-Licence the Sub-Licensee may for Educational Purposes only:
3.1.1 make such temporary local electronic copies of parts of the Licensed Work as are necessary to ensure efficient use by Authorised Users, provided that such use is subject to all the terms and conditions of this Sub-Licence;
3.1.2 allow Authorised Users to access the Licensed Work by Secure Authentication in order to search, retrieve, display and view, and otherwise use parts thereof;
3.1.3 allow Authorised Users to electronically save parts of the Licensed Work;
3.1.4 allow Authorised Users to print out copies of parts of the Licensed Work;
3.1.5 allow Authorised Users to incorporate parts of the Licensed Work in printed and electronic course packs and study packs and course notes hosted on a Secure Network, virtual learning environments, managed learning environments and multi-media works. Each item shall carry appropriate acknowledgement of the source, listing title and the following copyright notice "©Crown Copyright and Landmark Information Group Limited (insert current calendar year). All rights reserved. (insert year of map(s)". Course packs in non-electronic non-print perceptible form, such as Braille, may also be offered to Authorised Users;
3.1.6 allow Authorised Users to incorporate parts of the Licensed Work in printed or electronic form in assignments and portfolios, and in dissertations, including reproductions of the dissertation for personal use and library deposit, if such use conforms to the customary and usual practice of the Sub-Licensee. Each item shall carry appropriate acknowledgement of the source, listing title and †the following copyright notice "© Crown Copyright and Landmark Information Group Limited (insert current calendar year). All rights reserved. (insert year of map(s)".
3.1.7 incorporate parts of the Licensed Work in printed and electronic conference papers, articles, articles published in a journal publication and† poster sessions;
3.1.8 provide single printed or electronic copies (excluding Walk-In Users) of parts of the Licensed Work at the request of individual Authorised Users;
3.1.9 supply to an authorised user of another Institution library in the United Kingdom (whether by post, fax or secure electronic transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing) a single paper copy of an electronic original of parts of the Licensed Work. Each copy shall carry appropriate acknowledgement of the source, listing title and the following copyright notice "© Crown Copyright and Landmark Information Group Limited (insert current calendar year). All rights reserved. (insert year of map(s)";
3.1.10 display, download and print parts of the Licensed Work for the purpose of promotion of the Licensed Work, testing of the Licensed Work, or for training Authorised Users;
3.1.11 publicly display or publicly perform the Licensed Work as part of a presentation at a seminar, conference, or workshop, or other such similar activity;
3.1.12 use parts of the Licensed Work in brochures, leaflets and flyers for use by the Authorised Institution;
3.1.13 publish parts of the Licensed Work on the website of the Authorised Institution or websites created by Authorised Users as part of a course, project or educational or academic research. The maximum mapped area per image published on websites is restricted to 200cm2 at source scale. Each item shall carry appropriate acknowledgement of the source, listing title and the following copyright notice "© Crown Copyright and Landmark Information Group Limited (insert current calendar year). All rights reserved.(insert year of map(s)";
3.1.14 make such copies of training material and network such training material as may be required for the purpose of using the Licensed Work in accordance with this Sub-Licence.
3.1.15 deposit in perpetuity the learning and teaching objects as referred to in Clause 3.1.7 in electronic repositories operated by the Sub-Licensee on a Secure Network and in the JORUM Repository. The access and use of such learning and teaching objects shall be governed by the terms and conditions of the applicable repository. Each item shall carry appropriate acknowledgement of the source, listing title and the following copyright notice "© Crown Copyright and Landmark Information Group Limited (insert current calendar year). All rights reserved. (insert year of map(s)".
3.2 Nothing in this Sub-Licence shall constitute a waiver of any statutory right available and held by the Sub-Licensee and Authorised Users from time to time under the Copyright, Designs and Patents Act 1988 or any amending legislation.
4. RESTRICTIONS
4.1 Save as provided herein, the Sub-Licensee and Authorised Users may not:
4.1.1 sell, resell, redistribute, publish or otherwise make the information contained in the Licensed Work available in any manner or on any media to anyone other than Authorised Users unless the Sub-Licensee has been granted prior written consent by Landmark Information Group Limited;
4.1.2 remove, obscure or modify copyright notices, text acknowledgments or other means of identification or disclaimers as they appear;
4.1.3 permit anyone other than Authorised Users to access or use the Licensed Work;
4.1.4 display or distribute any part of the Licensed Work on any electronic network, including without limitation the Internet and the World Wide Web, and any other distribution medium now in existence or hereinafter created, other than by Secure Authentication;
4.1.5 use all or any part of the Licensed Work for any Commercial Use or for any purpose other than Educational Purposes;
4.1.6 permit the Licensed Work to be electronically transmitted to any other recipient except where the recipient is an Authorised User under the terms of a valid Landmark Historic Map Data Sub-Licence Agreement.
4.2 This Clause shall survive termination of this Sub-Licence for any reason.
5. RESPONSIBILITIES OF THE SUB-LICENSEE
5.1 The Sub-Licensee will:
5.1.1 issue passwords or other access information only to Authorised Users and use all reasonable efforts to ensure that Authorised Users do not divulge their passwords or other access information to any third party;
5.1.2 use all reasonable efforts, including without limitation by use of Secure Authentication, to ensure that only Authorised Users are permitted access to the Licensed Work;
5.1.3 use all reasonable efforts to ensure that all Authorised Users are made aware of and undertake to abide by the terms of this Sub-Licence;
5.1.4 use all reasonable efforts to monitor compliance with the terms of this Sub-Licence and notify Landmark Information Group Limited and HEFCE immediately and provide full particulars on becoming aware of any of the following (a) any unauthorised access to or use of the Licensed Work or unauthorised use of any of the Sub-Licensee's password(s); or (b) any breach by an Authorised User of the terms of this Sub-Licence. Upon becoming aware of any breach of the terms of this Sub-Licence the Sub-Licensee further agrees promptly to fully investigate and initiate disciplinary procedures in accordance with the Sub-Licensee's standard practice and use all reasonable effort to ensure that such activity ceases and to prevent any recurrence;
5.1.5 comply with all computer security procedures required by HEFCE and/or a third party duly appointed by HEFCE and take all reasonable steps to ensure the security of the Licensed Work;
5.1.6 provide lists of valid IP addresses to JISC and update those lists on a regular basis the frequency of which will be agreed by the parties from time to time.
6. RESPONSIBILITIES OF HEFCE
6.1 HEFCE shall use all reasonable efforts to ensure access and use of the Licensed Work in accordance with the provisions as laid down in this Sub-Licence.
6.2 HEFCE shall use all reasonable efforts to cause customer support services to be provided to the Sub-Licensee and to Authorised Users.
7. USAGE DATA
7.1 The parties shall co-operate in gathering any data on usage of the Licensed Work that is available to them during the term of this Sub-Licence, and shall provide such data to each other upon request. Notwithstanding the foregoing, the parties shall neither assemble nor provide data from which an individual user could be identified.
8. FEE
8.1 The Sub-Licensee shall pay the fee to HEFCE for the Sub-Licence in the amount and upon terms set out in Schedule 1.
9. TERM AND TERMINATION
9.1 The term of this Sub-Licence will commence upon the date of signature and will remain in full force and effect until 31st July 2011, unless terminated earlier as provided for in this Clause 9.
9.2 Either party may terminate this Sub-Licence at any time on the material breach or repeated other breaches by the other of any obligation on its part under this Sub-Licence by serving a written notice on the other identifying the nature of the breach. The termination will become effective thirty days after receipt of the written notice unless during the relevant period of thirty (30) days the defaulting party remedies the breach
9.3 Notwithstanding anything to the contrary herein, this Sub-Licence will be treated as if terminated if the Landmark Historic Mapping Data Supply and Licence Agreement between the Landmark Information Group Limited and HEFCE terminates until HEFCE remedies the breach. HEFCE will notify the Sub-Licensee of such termination and when it has remedied the breach. HEFCE shall make reasonable endeavours not to cause the Landmark Historic Map Data Supply and Licence Agreement between the Landmark Information Group Limited and HEFCE to terminate.
9.4 Further, notwithstanding anything to the contrary herein, upon a breach by the Sub-Licensee, on-line access to the Licensed Work shall be terminated.
9.5 Upon termination or expiry of this Sub-Licence, print copies of parts of the Licensed Work made by the Sub-Licensee or Authorised Users may be retained and used subject to the terms of Clauses 3 and 4 of this Sub-Licence, which terms shall survive any termination of this Sub-Licence. The use of electronic copies after the expiry or termination of this Sub-Licence requires the authorisation from HEFCE (and no such use shall be made without such authorisation) and the conditions of use are not subject to this Sub-Licence.
10. ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
10.1 The Sub-Licensee acknowledges that all Intellectual Property Rights in the Licensed Work are the sole and exclusive property of Landmark Information Group Limited or are duly licensed to Landmark Information Group Limited and that this Sub-Licence does not assign or transfer to the Sub-Licensee any right, title or interest therein except for the right to use the Licensed Work in accordance with the terms and conditions of this Sub-Licence
11. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION
11.1 The Sub-Licensee represents and warrants that it has sufficient authority and rights to enter into and perform its obligations under this Sub-Licence.
11.2 HEFCE represents and warrants that it has the right to grant the Sub-Licence and that the use of the Licensed Work by the Sub-Licensee and Authorised Users in accordance with the terms of this Sub-Licence shall not infringe the copyright of any third party. The foregoing shall not apply to improper usage of the Licensed Work by the Sub-Licensee or Authorised Users. HEFCE makes no representation or warranty, and expressly disclaims any liability with respect to the content of the Licensed Work, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
11.3 The Sub-Licensee agrees to notify Landmark Information Group Limited and HEFCE immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Work. It is expressly agreed that upon such notification, or if Landmark Information Group Limited becomes aware of such a claim from other sources, Landmark Information Group Limited may remove such work(s) from the Licensed Work. At the request of Landmark Information Group Limited, the Sub-Licensee will make all reasonable efforts to remove such work(s) from any copies of the Licensed Work maintained by the Sub-Licensee. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement.
11.4 Nothing in this Sub-Licence shall make the Sub-Licensee liable for breach of the terms of this Sub-Licence by any Authorised User provided that the Sub-Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of a an actual breach having occurred.
11.5 Subject to the above and to the extent permitted by law, HEFCE shall not be liable to the Sub-Licensee for any loss or damage including any loss of profits, goodwill, contract or any indirect or consequential loss including loss or damage suffered by the Sub-Licensee as a result of an action brought by a third party.
11.6 HEFCE reserves the right to change the content, presentation, user facilities or availability of parts of the Licensed Work and to make changes in any software used to deliver the Licensed Work at their sole discretion. HEFCE will notify the Sub-Licensee of any substantial change to the Licensed Work.
11.7 Other than the express warranties stated in this Clause 11, the Licensed Work is provided on an "as is" basis, and HEFCE disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Work or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. HEFCE further expressly disclaims any warranty or representation to Authorised Users, or to any third party. HEFCE accepts no liability for loss suffered or incurred by the Sub-Licensee or Authorised Users as a result of their reliance on the Licensed Work.
11.8 The Sub-Licensee represents to HEFCE that its computer system through which the Licensed Work will be used is configured, and procedures are in place, to prohibit access to the Licensed Work by any person other than an Authorised User; that it shall inform Authorised Users about the conditions of use of the Licensed Work; and that during the term of this Sub-Licence, the Sub-Licensee will continue to make all reasonable efforts to bar non-permitted access and to convey appropriate use information to its Authorised Users.
12. FORCE MAJEURE
12.1 Either party's failure to perform any term or condition of this Sub-Licence as a result of circumstances beyond the control of the relevant party (including without limitation, war, strikes, flood, governmental restrictions, and power, telecommunications or Internet failures or damages to or destruction of any network facilities) ["Force Majeure"] shall not be deemed to be, or to give rise to, a breach of this Sub-Licence.
12.2 If either party to this Sub-Licence is prevented or delayed in the performance of any of its obligations under this Sub-Licence by Force Majeure and if such party gives written notice thereof to the other party specifying the matters constituting Force Majeure together with such evidence as it reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue, then the party in question shall be excused the performance or the punctual performance as the case may be as from the date of such notice for so long as such cause of prevention or delay shall continue.
13. ASSIGNMENT
13.1 Neither this Sub-Licence nor any of the rights and obligations under it may be assigned or sub-licensed by the Sub-Licensee without obtaining the prior written consent of HEFCE, such consent not to be unreasonably withheld or delayed. In any permitted assignment, the assignor shall procure and ensure that the assignee shall assume all rights and obligations of the assignor under this Sub-Licence and agrees to be bound to all the terms of this Sub-Licence.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 This Sub-Licence shall be governed by and construed in accordance with English law and the parties irrevocably agree that any dispute arising out of or in connection with this Sub-Licence will be subject to and within the jurisdiction of the English courts.
14.2 Where the parties agree that a dispute arising out of or in connection with this Sub-Licence would best be resolved by the decision of an expert, they will agree upon the nature of the expert required and together appoint a suitable expert by agreement. In default of agreement upon whom to appoint as a suitable expert, such expert shall upon the request of either party be appointed by the Chair for the time being of the Committee of Vice-Chancellors and Principals.
14.3 Any person to whom a reference is made under Clause 14.2 shall act as expert and not as an arbitrator and his decision (which shall be given by him in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud.
14.4 Each party shall provide the expert with such information and documentation as he may reasonably require for the purposes of his decision.
14.5 The costs of the expert shall be borne by the parties in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by the parties in equal proportions.
15. NOTICES
15.1† All notices required to be given under this Sub-Licence shall be given in writing in English and sent by electronic mail, fax or first class registered or recorded delivery to the relevant addressee at its address set out below, or to such other address as may be notified by either party to the other from time to time under this Sub-Licence, and all such notices shall be deemed to have been received (a) 24 hours after successful transmission in the case of electronic mail or fax; (b) fourteen (14) days after the date of posting in the case of first class registered or recorded delivery:
if to HEFCE:
ExecutiveSecretary of JISC
HEFCE
Northavon House
Coldharbour Lane
Bristol
BS16 1QD Fax: 0117.931.7255
Email: j.potter@jisc.ac.uk
If to Landmark Information Group Limited:
Copyright Licensing
Landmark Information Group Limited
7 Abbey Court
Eagle Way
Sowton
Exeter
EX2 7HY
if to the Sub-Licensee:†
[As stated in the Acceptance of Sub-Licence Form]
16. GENERAL
16.1 This Sub-Licence and its Schedules constitute the entire agreement between the parties relating to the Licensed Work and supersede all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and may not be amended or modified except by agreement of both parties in writing.
16.2 The Schedules shall have the same force and effect as if expressly set in the body of this Sub-Licence and any reference to this Sub-Licence shall include the Schedules.
16.3 The Landmark Information Group Limited may enforce the terms of this Agreement subject to and in accordance with the terms of this Sub-Licence and the provisions of the Contract (Rights of †Third Parties) Act 1999, as amended or substituted from time to time.
16.4 The invalidity or unenforceability of any provision of this Sub-Licence shall not affect the continuation in force of the remainder of this Sub-Licence.
16.5 The rights of the parties arising under this Sub-Licence shall not be waived except in writing. Any waiver of any of a party's rights under this Sub-Licence or of any breach of this Sub-Licence by the other party shall not be construed as a waiver of any other rights or of any other or further breach. Failure by either party to exercise or enforce any rights conferred upon it by this Sub-Licence shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
SCHEDULE 1: FEE AND PAYMENT TERMS
By returning a signed copy of this Sub-Licence, the Sub-Licensee accepts that it must pay the total Fee applicable to their institution over the whole term of this Sub-Licence. HEFCE through JISC will invoice the Sub-Licensee annually for the applicable Fee as set out below. All Fees are exclusive of VAT, which will be payable where applicable.
Invoices shall be due and payable no later than thirty (30) days after being issued by JISC or a JISC authorised agent.
| JISC Band | 01/08/08- 31/07/2009 |
01/08/09- 31/07/10 |
01/08/10- 31/07/11 |
| A | £1,180 | £1,227 | £1,277 |
| B | £1,180 | £1,227 | £1,277 |
| C | £1,061 | £1,104 | £1,148 |
| D | £1,061 | £1,104 | £1,148 |
| E | £885 | £920 | £957 |
| F | £885 | £920 | £957 |
| G | £531 | £552 | £574 |
| H | £531 | £552 | £574 |
| I | £531 | £552 | £574 |
| J | £531 | £552 | £574 |
SCHEDULE 2: LICENSED WORK
The Licensed Work consists of the following products:
1. All available County Series Map Data at 1:2500 and 1:10560 scale published in epochs 1, 2, 3 and 4.
2. All available National Grid Map Data at 1:1250 and, 1:2500 and 1:10560/10000 scale of the UK before the introduction of Digital Land-Line published in epochs A5, B6, C7, D8 and E9.
The nine epochs are:
Epoch 1: the first County Series survey; published 1843 to 1893
Epoch 2: the first County Series revision; published 1891 to 1912
Epoch 3: the second County Series survey; published 1904 to 1939
Epoch 4: the third County Series survey; published 1919 to 1939
Epoch A5: the first survey/overhaul to the National Grid; published dates from 1945
Epoch B6: the first National Grid revision
Epoch C7: the second National Grid revision
Epoch D8: the third National Grid revision
Epoch E9: the fourth National Grid revision
The County Series Map Data set is represented by epochs 1, 2, 3 and 4 and the National Grid Map Data is represented by epochs 5 to 9.
3. For the avoidance of doubt, the National Grid data supplied as part of the Licensed Work only includes the first available map for each published edition/revision as held by Ordnance Survey at the time of scanning. The Licensed Work does not include infill editions/revisions of Survey Information on Microfilm (SIM) maps nor Supplementary Unpublished Survey Information (SUSI) maps. In addition, after 1995 the SIM cards were replaced by Superplan maps, with the word "Superplan" printed on them. Superplan maps are also not included in the Licensed Work."
EDINA is a JISC National Data Centre based at the University of Edinburgh
