End User Licence Agreement for OS Openspace Example Application

This is a legal agreement between you (referred to as 'End User', 'you', or 'your') and the Secretary of State acting through Ordnance Survey, whose principal place of business is Romsey Road, Southampton, UK SO16 4GU (referred to as 'Us', 'Our', 'We' or 'Ordnance Survey') governing your use of the Example Applications. Please read the terms and conditions below and ensure that you have understood them. If you do not agree to these terms and conditions, please forthwith cease use of the Example Applications and the Ordnance Survey Data delivered thereto.

Background

Ordnance Survey is the national mapping agency of Great Britain and as such it is responsible for the official, definitive surveying and topographic mapping of Great Britain.
Ordnance Survey has created a mapping data application programming interface which allows developers to build experimental, innovative web-based applications using a feed of Ordnance Survey's world leading geographical information (the 'OpenSpace API').
Ordnance Survey has created and is making available on the OpenSpace Website a number of example applications to illustrate the functionality and scope of the OpenSpace API and Ordnance Survey Data and to support developers in developing their Web Applications (the 'Example Application(s)').
This End User Licence Agreement (the 'EULA') governs Your use of the Example Application(s) and the Ordnance Survey Data provided by Ordnance Survey through and/or as part of the Example Application(s).
For the avoidance of doubt, the terms of this EULA do not cover Your use of the OpenSpace Website generally (these are set out in the Openspace Website Terms of Use ), or Your use of the OpenSpace API, API Key, Documentation or Ordnance Survey Data supplied as part of any Web Application You may develop (these are set out in the OS OpenSpace Developer Agreement), both of which are available by way of separate hypertext links at the bottom of each page of the OpenSpace Website.

1 Definitions

'Data' means any text, graphics, audio, visual (including still visual images) and/or audio visual material, software, applications, data, database content or other multimedia content, information and material;

'Derived Data' means any Data that is created by End User through End User's use of the Example Application(s) which is derived directly or indirectly from the Ordnance Survey Data, and which shall be assigned immediately on creation to Ordnance Survey;

'End User's Data' means any Data that End User displays or otherwise provides to the Example Application(s) during the period in which the End User is interacting with the Example Application(s), which End User owns, or which End User is licensed by a third party to use (under terms which are consistent with the terms of this EULA);

'Intellectual Property Rights' means copyright, patent, trade mark, design right, database rights, trade secrets, know how, rights of confidence, broadcast rights and all other similar rights anywhere in the world whether or not registered and including applications for registration of any of them;

'OpenSpace Website' means Ordnance Survey's OpenSpace website accessible via the internet, which is located at url: openspace.ordnancesurvey.co.uk; or such other url as may be substituted from time to time;

'Ordnance Survey Data' means Data owned by or licensed to Ordnance Survey (including as applicable Derived Data), which may be accessed and processed by the Example Application(s);

'Web Application' means an Internet based application(s) which is designed to access and use the OpenSpace API together with the Ordnance Survey Data which must be publicly accessible on the Internet and must not be restricted, in whole or part, by password, username, membership, firewall or otherwise, nor operate only on an internal network.

2 PROPRIETARY RIGHTS, LICENCE AND RESTRICTIONS

2.1 Ownership of Intellectual Property.

The Crown (or where applicable Ordnance Survey's suppliers) owns the Intellectual Property Rights in the Ordnance Survey Data which is made available to End Users through and/or as part of the Example Application(s). The End User acknowledges and agrees that this EULA conveys a limited right to view and use the Ordnance Survey Data as part of the Example Application(s) and does not convey title or ownership to the Ordnance Survey Data to the End User.

2.2 Licence Grant.

Ordnance Survey grants End User's a personal, non-exclusive, non-transferable, revocable licence, (terminable at will and without any right to sublicense), for the End User to view and interact with the Ordnance Survey Data through and/or as part of the Example Applications, solely for the purpose of allowing the End User to explore, evaluate and better understand the functionality of the OpenSpace API and Ordnance Survey Data. All rights and permissions not expressly set out in this EULA are expressly excluded.

2.3 Restrictions.

The licences granted in paragraph 2.2 above are subject to End User complying with the following conditions:

End User shall not download, store, and/or archive the Ordnance Survey Data, in whole or in part. However, for the avoidance of doubt, this does not prohibit the automatic, immediate and temporary storage (caching) of Ordnance Survey Data, which is in accordance with The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) and/or The Copyright Designs and Patents Act 1988.
End User shall not tamper with or remove any copyright, trade mark, trade mark symbol or other proprietary notice of Ordnance Survey or its licensors affixed to, or contained in the Ordnance Survey Data.

2.4 End User's Data.

The Example Application(s) may allow End User's to overlay and display End User's Data on the Example Application(s). Such End User's Data will only be available to view and use by the End User who created the same and only for the period of time during which the End User continues to interact with the relevant Example Application and it shall be automatically deleted when the End User's session ends. In the event that End User overlays and display End User's Data in or to the Example Application(s), End User grants to Ordnance Survey a world-wide, royalty-free, and non-exclusive licence to use, display and distribute End User's Data solely for the purpose of allowing Ordnance Survey to deliver the Example Application(s) to End Users and such licence will terminate immediately the End User's session ends.

3 DISCLAIMER OF WARRANTY

3.1 Ordnance Survey and its licensors disclaim all warranties and conditions, either express or implied, with respect to the Example Application(s) and Ordnance Survey Data, including but without limitation any and all warranties to the effect that the Example Application(s) and the Ordnance Survey Data will meet End User's particular requirements, whether operationally, functionally, accurately or otherwise, or that the Example Application(s) or Ordnance Survey Data shall be suitable for the End User's intended purpose or shall operate in combinations or in a manner selected for use by the End User.

3.2. Ordnance Survey may suspend access to and use of the OpenSpace Website and/or the Example Application(s) at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance, modification or upgrades, without notice. Accordingly, Ordnance Survey disclaims any and all warranties to the effect that the operation of the Example Application(s) or Ordnance Survey Data shall be uninterrupted or error free.

4 LIMITATION OF LIABILITY

4.1 Save in respect of death or personal injury to the extent it results from negligence or fraud, Ordnance Survey and its licensors disclaim all liability whether in contract, tort (including negligence) or otherwise for any loss or damage of whatsoever nature (including any direct, indirect, special or consequential losses or damages) arising from any use of the Example Application(s) and Ordnance Survey Data therein, or from any interruption or failure of any electronic transmission of the Example Application(s) and Ordnance Survey Data therein. Under no circumstances shall Ordnance Survey or its licensors be liable for any loss or corruption of End User's Data.

4.2 Ordnance Survey and/or its licensors may directly recover from End User any and all amounts lawfully due in respect of any breaches of this EULA which cause Ordnance Survey to suffer any damage or loss.

5 GENERAL

5.1 The End User shall comply with all applicable local and foreign laws and regulations which may govern the use of the Ordnance Survey Data and use the Ordnance Survey Data only for lawful purposes and in accordance with this EULA.

5.2 Clauses 1, 2.1, 3 and 4 inclusive shall survive termination of the EULA for any reason.

5.3 The EULA shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts in respect of any proceedings issued by any party in connection with the EULA.