RIVPACS Database Download Page (2 of 2)
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1. DEFINITIONS “Contractor” means a third party with whom you or the corporate entity which employs you has entered into a contract. “Internal Business Use” means use of The Database within the corporate entity that employs you. “Personal Use” means use by you acting on your own behalf. “Stakeholders” means organisations who have contributed to the compilation of the Database: Centre for Ecology and Hydrology; Countryside Council for Wales; Department of the Environment, Food and Rural Affairs; English Nature; Environment Agency; Environment and Heritage Service; Freshwater Biological Association; Scotland and Northern Ireland Forum for Environmental Research; Scottish Environment Protection Agency; Scottish Executive; Scottish Natural Heritage; South West Water; Welsh Assembly Government. "The Licensor" means Centre for Ecology and Hydrology (CEH), a component part of the Natural Environment Research Council (NERC). "You" means the reader and any Corporate Licensee (the Licensee). 2. GRANT OF LICENCE The Licensor grants to you a non-exclusive, non-transferable, free licence to use The Database 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. 3. PERMITTED USE 3.1 You may use The Database for your own Personal Use. 3.2 You may use The Database for Internal Business Use. 3.3 You may make The Database available on your intranet. 3.4 You may disseminate publications and reports based upon The Database to third parties. 3.5 You may supply The Database to your Contractors with a copy of The Database (or derivations thereof). Your Contractors may only use The Database in connection with work for you. 4. RESTRICTIONS ON USE 4.1 You must retain the original automatic database start-up form contained within The Database and must not disrupt its operation. 4.2 You may not make The Database available on any internet site. 4.3 You may not use The Database for any commercial purpose, financial profit or gain. 4.4 You may not build products for commercial gain based either wholly, or in part, on The Database. 4.5 You may not rent, lease, sell, sublicense or otherwise distribute The Database 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 Database to a third party. 4.7 You may not assign or transfer The Database. 4.8 Your Contractors may not make The Database available on any internet site; may not use The Database for any commercial purpose, financial profit or gain; may not rent, lease, sell, sublicense or otherwise distribute The Database or products based either wholly or in part on The Database to a third party; and may not assign or transfer The Database. 5. UNDERTAKINGS 5.1 You undertake to ensure that any third party is made aware of the terms of this Licence Agreement before using The Database. 5.2 You undertake to hold all data and all other information relating to The Database confidential and not at any time disclose the same, during this licence or after its expiry or whether directly or indirectly, to any third party without our consent. 5.3 In any publications or reports arising from use of The Database, you undertake to acknowledge the following organisations for their contributions towards the compilation of The Database: Centre for Ecology and Hydrology and other Stakeholders/Centre for Ecology and Hydrology, Countryside Council for Wales, Department of the Environment, Food and Rural Affairs, English Nature; Environment Agency, Environment and Heritage Service, Freshwater Biological Association, Scotland and Northern Ireland Forum for Environmental Research, Scottish Environment Protection Agency, Scottish Executive, Scottish Natural Heritage, South West Water, Welsh Assembly Government. The Licensor reserves the right to joint authorship of any publications in which material based on or derived from The Database constitutes a significant component. 5.4 You undertake to include the following citation in the reference list of any publications or reports arising from the use of The Database:
6. OWNERSHIP The Licensor and other Stakeholders (listed in clause 1) retain ownership of The Database and related documentation and all copies of The Database at all times, which are copyright works and are also protected under applicable database laws. The following copyright notice shall be used on all publications and reports: © NERC (CEH) 2006. Database rights NERC (CEH) 2006. All rights reserved. You are not granted any rights in connection with any logos or trademarks of The Licensor, SNIFFER or The Database. 7. DISCLAIMER 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 Database. Should the Database prove defective, you (and not the Licensor) assume the entire cost of all necessary servicing or correction. The Licensor does not warrant that The Database will meet your requirements or that its operation will be uninterrupted or error free. This Licence Agreement does not affect your statutory rights. 8. EXCLUSION OF LIABILITY 8.1 In no event shall the Licensor be liable to you 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 Database, even if the Licensor has been made aware of the possibility of such damages. 8.2 Nothing in this Licence Agreement shall exclude or limit the liability of the Licensor for fraudulent misrepresentation or for death or personal injury resulting from the negligence of the Licensor. 9. TERMINATION 9.1 This Licence Agreement will terminate automatically if you breach any of its terms or if you destroy The Database and any copies or return The Database to the Licensor. 9.2 Upon termination all rights you have to use The Database will cease and you must destroy or delete The Database and all copies from all storage media in your control. 10. 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. 11. ENTIRE AGREEMENT This Licence Agreement contains the entire Agreement between us relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter. 12. 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. Downloading the Database To download the RIVPACS database we ask that you please supply some details below. |
