[Insert
OGC ITD Electronic Product name] Stand Alone Single User Licence
Agreement
|
|
|
|
|
1.
|
This stand alone single user 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 stand alone single user licence agreement supplied
by the Licensor. |
|
|
"Computer" |
means an IBM-PC compatible computer capable of running
Microsoft Windows. |
|
|
"Data Owner" |
means the Office of Government Commerce (OGC). |
|
|
"Data Owner's Copyright Notice" |
means © Crown Copyright 2002 - This is a Value Added
product which falls outside the scope of the HMSO Class Licence. |
|
|
"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®). |
|
|
"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-transferrable basis: |
|
|
|
3.1.1. |
to load this Product into and use it
on a single Computer which is under your control; |
|
|
|
3.1.2. |
to copy this Product from one
Computer to another provided that this Product shall be used on only one
Computer at any one time; |
|
|
|
3.1.3. |
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; |
|
|
|
3.1.4. |
to print out Data, provided that such
print out is only for your own personal use, and provided that such Data is
bona fide the results of searching the Database with the Software; and |
|
|
|
3.1.5. |
to 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;
and |
|
|
|
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 under your control. |
|
|
|
|
5.
|
Ownership
|
|
|
5.1. |
Title in this Product shall remain
with the Licensor until the purchase price 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 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: 19 August 2002 - tso stand
alone single user cd master licence 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
Network Licence Agreement click here
|