CLICK-THROUGH LICENCE FOR ACCESS TO RAPID 2.1 DATA ENTRY SYSTEM FROM THE CENTRE FOR ECOLOGY & HYDROLOGY
(Please note that RAPID 2.1 is not currently suitable for use in Access 2007.)
Before proceeding please read the terms of this agreement “(licence agreement)” carefully. You may obtain a copy of this data entry system (DES) by downloading it from the Centre for Ecology & Hydrology web pages. You are licensed to use the DES on the condition that you accept all the terms contained in this licence agreement.
By clicking on the [acceptance button] which follows this licence agreement you are confirming your acceptance of the terms of this licence agreement. Such acceptance is either on your own behalf or on behalf of any corporate affiliation specified in your application. If you do not accept these terms, you should click on the [cancel] button.
The RAPID 2.1 DES is held by the Centre for Ecology & Hydrology (CEH) on behalf of The Natural Environment Research Council (NERC). Ownership of the DES and all rights subsisting in the DES, including copyright, database rights and rights to apply for patents or any other intellectual property rights, rests with NERC. Your use of information provided by the CEH is at your own risk. Please read any warnings given about the limitations of the information.
1. DEFINITIONS
“Data entry system (DES)” means the RAPID 2.1 data entry system created in Microsoft® Access by John Davy-Bowker and designed for the data entry of the 2003 version of the River Habitat Survey form (River Habitat Survey in Britain and Ireland. Field Survey Guidance Manual: 2003 version. Environment Agency, Bristol, UK), including, but not limited to, delivery and presentation on the CEH web pages and/or subsequently downloaded.
“Internal Business Use” means use of the DES within the corporate entity that employs you.
“Licensee” means any user accepting the terms of this licence either on their own behalf, or on behalf of any corporate entity which employs them or which they represent.
"Licensor" means Centre for Ecology & Hydrology (CEH), a component part of the Natural Environment Research Council (NERC).
“Personal Use” means use by you acting on your own behalf.
2. GRANT OF LICENCE
The Licensor grants to The Licensee a non-exclusive, non-transferable, royalty free licence to use the DES, providing the use falls within the permitted use set out below and for no other purpose. Your licence does not permit you to sub-license for any purpose.
3. PERMITTED USE
3.1 You may use the DES for your own Personal Use.
3.2 You may use the DES for Internal Business Use.
3.3 You may disseminate publications and reports based upon the DES to third parties, including to third party internet sites.
4. RESTRICTIONS ON USE
4.1 You may not make the DES available on any internet site.
4.2 You may not use the DES for any commercial purpose, financial profit or gain.
4.3 You may not use the DES in connection with any tender where such use will provide the tenderer with a competitive advantage resulting in financial profit or gain.
4.4 You may not build products for commercial gain based either wholly, or in part, on the DES.
4.5 You may not rent, lease, sell, sublicense or otherwise distribute the DES to a third party.
4.6 You may not rent, lease, sell, sublicense or otherwise distribute products based either wholly, or in part, on the DES to a third party, except as permitted in Clause 3.3.
4.7 You may not assign or transfer the DES.
5. UNDERTAKINGS
5.1 Not relevant to DES.
6. OWNERSHIP
6.1 The Licensor retains ownership of the DES and related documentation, which are also protected under applicable copyright and database laws.
6.2 The following acknowledgement and copyright notice (where applicable), shall be used on all copies of the DES, publications and reports, including but not limited to, use in presentations to any audience.
6.3 Acknowledgement: RAPID 2.1 data entry system owned by NERC – Centre for Ecology & Hydrology. In any publications arising from use of RAPID end users are also required to acknowledge the developers of the DES. The product can be cited as follows: Davy-Bowker, J., Davies, C. E. & Murphy, J.F. (2008)
6.4 RAPID 2.1 © Data Entry System Right/Copyright NERC – Centre for Ecology & Hydrology. All rights reserved.
7. WARRANTY
7.1 The Licensor gives no warranty as to the accuracy or completeness of the DES, including in the form in which it is cached or downloaded to your computer, as it may be affected by on-line conditions over which the Licensor has no control.
7.2 The Licensor does not warrant that the DES will meet your requirements or that its operation will be uninterrupted or error free. This licence agreement does not affect your statutory rights.
8. LIABILITY
8.1 All guarantees, representations and warranties of any kind, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or ability to achieve a particular result are hereby excluded, so far as such exclusion or disclaimer is permitted under the applicable law. You assume the entire risk as to the quality and performance of the DES. Should the DES prove defective, you (and not the Licensor) assume the entire cost of all necessary servicing or correction.
8.2 In no event shall the Licensor be liable for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever arising out of the use of or inability to use the DES, even if the Licensor has been made aware of the possibility of such damages.
8.3 The Licensor accepts no liability for any loss or damage which may be caused by the condition of the file in which the information is provided and the Licensee is expected to operate suitable anti-virus software before loading it into its computer system. The Licensee also being responsible for ensuring that the form of the information received is compatible with its computer system and any other data with which the information is to be used.
8.4 Nothing in this Licence Agreement shall exclude or limit the liability of the Licensor or the Licensee for fraudulent misrepresentation or for death or personal injury resulting from the negligence of the Licensor or the Licensee.
9. DATA PROTECTION
9.1 The Licensor will treat any personal information provided or obtained, in accordance with the provisions of the Data Protection Act of 1998.
9.2 Any personal information provided or obtained shall be used only for the purposes of providing the DES to the Licensee, for communication relating to the DES and to RAPID updates, amendments, products or services, and for system administration of the web server, unless otherwise agreed by The Licensee.
9.3 The Licensor will on request, delete or remove any personal information held from a Licensee.
10. TERMINATION
10.1 The Licensor may terminate this Licence Agreement by providing the Licensee with 30 days notice of such termination.
10.2 The Licence Agreement will terminate automatically if any of its terms are breached by the Licensee.
10.3 Upon termination all rights you have to use the DES will cease and you must destroy or delete the DES and all copies from all storage media in your control.
10.4 Clauses 1, 7, 8, 10.3 & 13 will survive termination of this agreement.
11. SEVERABILITY
If any provision of this licence agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this licence agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
12. ENTIRE AGREEMENT
This licence agreement contains the entire agreement between parties relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between parties relating to that subject matter.
13. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
