TSO Master Network Licence for OGC ITD Electronic Products

› To view the OGC Stand Alone Single User Licence Agreement click here

[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.

Definitions

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.

Licence

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.

Ownership

		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.

Warranties

		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

› To view the OGC Stand Alone Single User Licence Agreement click here

› For OGC single user electronic licence costings click here