[Insert OGC ITD Electronic Product name]
Network Licence Agreement
|
|
|
|
|
1.
|
This network licence agreement is issued by The Stationery
Office Ltd (the "Licensor") on behalf of the Office of Government Commerce
(OGC). The copyright in the Data listed below is owned by the Crown and managed
by OGC on behalf of the Crown. By opening this package you (the "Licensee")
agree with the Licensor to be bound by the terms of this Agreement which shall
govern your use of this Product. |
|
|
|
|
|
2.1.
|
The following terms shall have the following
meanings:
|
|
|
"Agreement" |
means this network licence agreement supplied by the
Licensor. |
|
|
"Computer" |
means an IBM-PC compatible computer capable of running
Microsoft Windows. |
|
|
"Data Owner's Copyright Notice" |
means © Crown Copyright 2001 - This is a Value Added
product which falls outside the scope of the HMSO Class Licence. |
|
|
"Data Owner" |
means the Office of Government Commerce (OGC). |
|
|
"Data" |
means the electronic version of [Insert OGC ITD
Electronic Product name] together with any coding or access codes
provided. |
|
|
"Database" |
means the combination of Data and its interface with the
operating Software. |
|
|
"Licensee" |
means the individual or legal entity opening this package
containing this Agreement. |
|
|
"Licensor" |
means The Stationery Office Limited (TSO®). |
|
|
"Network" |
means any system that allows access to this Product or any
part thereof via any form of communications link, including any CD-ROM juke box
or Intranet system, and which contains a method by which the Licensee has full
control over the number of users who may have access to this Product. The term
"Networked" shall be similarly construed. |
|
|
"Number of Users" |
means [insert number of users, which has been agreed with the
Licensee and, for which the relevant network licence fee has been calculated,
e.g. 100 (one hundred)]. |
|
|
"Product" |
means the CD-ROM containing the Database and the
Software. |
|
|
"Software" |
means the programmes and ancillary files provided by the
Licensor for the purpose of accessing, searching, retrieving and displaying the
Data. |
|
|
"Warranty Period" |
means a period of 90 (ninety) days after the date of original
purchase of this Product. |
|
|
|
|
|
|
3.1.
|
The Licensee is permitted on a non-exclusive and
non-transferable basis:
|
|
|
|
3.1.1. |
to load this Product into your
Network; |
|
|
|
3.1.2. |
to load this Product from your Network
into a Networked Computer which is under your control; |
|
|
|
3.1.3. |
to use this Product on a Networked
Computer which is under your control. Such usage shall be limited to a maximum
of the Number of Users specified in this Agreement; |
|
|
|
3.1.4. |
to copy this Product from one Networked
Computer to any another stand alone Computer provided that: |
|
|
|
|
3.1.4.1. |
this Product so copied to a stand alone Computer is only for
the personal use of a user who is one of the Number of Users, and |
|
|
|
|
3.1.4.2. |
this Product shall only be in use on one Computer, Networked or
otherwise, by any one of the Number of Users at any one time |
|
|
|
3.1.5. |
to make one copy of this Product for
back-up purposes only in support of the permitted use. The back up copy shall
reproduce and include the Data Owner's Copyright Notice, and an acknowledgement
of the Data Owner's trade marks; and |
|
|
|
3.1.6. |
to print out Data or copy Data to a
computer disk, provided that such copy is only for your own personal use, and
provided that such Data is bona fide the results of searching the Database with
the Software. |
|
|
3.2. |
Libraries may use this Product for bibliographic work,
acquisition, cataloguing and for research by library users. |
|
|
3.3. |
Personal users may use this Product for any form of personal
research, compilation of bibliographies and catalogues for their own use. |
|
|
3.4. |
Booksellers may use this Product for the normal activities of
bookselling. |
|
|
3.5.
|
The Licensee is not permitted:
|
|
|
|
3.5.1. |
except as expressly permitted by this Agreement and save to
the extent and in the circumstances expressly required to be permitted by law,
to rent, sell, lease, sub-license, loan, copy, modify, adapt, merge, translate,
reverse engineer, decompile, disassemble or create derivative works based on
the whole or any part of the Database or Software or its associated
documentation or use, reproduce or deal in this Product or any part thereof in
any way. |
|
|
|
3.5.2. |
to use any access software system to search the Database other
than the Software provided under this Agreement. |
|
|
|
3.5.3. |
to reproduce extracts from the Database in print or other form
without the prior written permission of the Data Owner (excepting such extract
quotations as may statutorily be required of you in the normal course of
business). |
|
|
|
|
|
|
4.
|
Term
|
|
|
This Agreement shall be effective
until you terminate it by destroying this Product and its documentation
together with all copies. This Agreement shall also terminate if you fail to
abide by its terms. Upon termination you shall destroy all copies of this
Product and its documentation including any Software stored on any Computer,
Networked or otherwise, under your control. |
|
|
|
|
|
5.1. |
Title in this Product shall remain with the Licensor until the
network licence fee relevant to the Licensee's usage of this Product is
received by the Licensor. For the avoidance of doubt, the title to the Data,
shall at all times remain with the Crown. |
|
|
5.2. |
You own only the CD-ROM (or authorised replacement) on which
the Database and Software are recorded. You may retain the CD-ROM on
termination of this Agreement provided the Database and Software have been
erased. The Licensor shall at all times retain ownership of the Database and
Software as recorded on the original CD-ROM and all subsequent copies thereof
regardless of form. This Agreement applies to the grant of the licence
contained herein only and not to the contract of sale of the CD-ROM. The
Licensor's warranties under this Agreement are available only to the original
Licensee. |
|
|
|
|
|
|
6.1. |
The Licensor warrants that the CD-ROM on which this Product is
supplied will be free from defects in materials and workmanship under normal
use during the Warranty Period. If a defect in the CD-ROM occurs during the
Warranty Period it may be returned with proof of purchase to the Licensor who
will replace it free of charge. |
|
|
6.2. |
The Licensor warrants that this Product will perform
substantially in accordance with its accompanying documentation (provided that
this Product is properly used on the Computer, Networked or otherwise, and with
the operating system for which it was designed) and that the documentation
correctly describes the operation of this Product in all material respects.
|
|
|
6.3. |
If the Licensor is notified of significant errors during the
Warranty Period the Licensor will correct any such demonstrable errors in the
Software or its documentation within a reasonable time or (at its option)
provide or authorise a refund (against return of this Product and its
documentation). |
|
|
6.4. |
The above clauses 6.1 and 6.3 represent your sole remedies for
any breach of the Licensor's warranties, which are given only to the original
Licensee. |
|
|
6.5. |
The express terms of this Agreement are in lieu of all
warranties, conditions, undertakings, terms and obligations implied by statute,
common law, trade usage, course of dealing or otherwise all of which are hereby
excluded to the fullest extent permitted by law. |
|
|
6.6. |
The Licensor does not warrant that this Product will meet your
requirements or that the operation of this Product will be uninterrupted or
error-free or that defects in this Product will be corrected. |
|
|
6.7. |
You will load and use this Product at your own risk and in no
event will the Licensor, the Data Owner nor the Crown be liable to you for any
loss or damage of any kind (except personal injury or death resulting from the
Licensor's negligence) including lost profits or other consequential loss
arising from your use or inability to use this Product or from errors or
deficiencies in it whether caused by negligence or otherwise except as
expressly provided herein. In no event will the Licensor's liability exceed the
amount paid by you for this Product. |
|
|
|
|
|
7.
|
Law
|
|
|
This Agreement shall be construed as
a contract made in England and shall be interpreted in accordance with English
law. The parties hereby submit to the exclusive jurisdiction of the English
Courts. |
Date of licence version: 01 August 2001 - tso master
network licence for ogc products v07
|
If you have
any questions concerning this agreement please contact: |
The Stationery
Office Ltd
|
|
St Crispins |
|
Duke Street |
Tel: +44 (0)870 600
5522 |
Norwich |
Fax: +44 (0)870 600
5533 |
NR3 1PD |
Corporate website:
www.tso.co.uk |
UK |
|
|
For
multi-user network licence costing please contact:
|
sales@tso.co.uk - UK trade, resellers, trainers and all overseas
customers (trade and corporate) |
infoservices@tso.co.uk - UK government/official, library or
corporate customers |
|
|