CENTRE FOR ECOLOGY & HYDROLOGY DATA END-USER LICENCE AGREEMENT FOR AUTHORISED USERS 1. DEFINITIONS 1.1 In this End-User Licence, the following expressions shall have the following meanings: "Authorised Institution" means an Institution which has entered into an End User Licence agreement with JISC Collections with regard to Use of the Licensed Work. "Authorised Users" means individuals who are authorised by the Authorised Institution to access the Authorised Institution’s information services whether on-site or off-site via Secure Authentication and who are affiliated to the Authorised Institution as a current student (including but not limited to undergraduates and postgraduates), member of staff (whether on a permanent or temporary basis including retired members of staff and any teacher who teaches Authorised Users in the United Kingdom) or contractor of the Authorised Institution. Persons who are not a current student, member of staff or a contractor of the Authorised Institution, but who are permitted to access the Authorised Institution’s information services from computer terminals or otherwise within the physical premises of the Authorised Institution ["Walk-In Users"] are also deemed to be Authorised Users, only for the time they are within the physical premises of the Authorised Institution. Walk-In Users may not be given means to access the Licensed Work when they are not within the physical premises of the Authorised Institution. For the avoidance of doubt, Walk-In Users may not be given access to the Licensed Work by any wireless network provided by the Authorised Institution unless such network is a Secure Network. "Commercial Use" means use of the Licensed Work, Digital Maps or Digital Data other than for “Educational Purposes” (as hereinafter defined). For the avoidance of doubt, neither the recovery of direct cost by the Authorised Institution from Authorised Users, nor use by the Authorised Institution or Authorised Users of the Licensed Work in the course of research funded by a commercial organisation is deemed to constitute Commercial Use. "Datacentre" means a datacentre appointed from time to time by HEFCE. “Digital Data" means that part of the Licensed Work that will be made available via Secure Authentication as digital data and not as Digital Maps. 1 "Digital Maps" means use of the maps created by a Datacentre from the Licensed Work to be used in a Service provided “Educational Purposes” means for the purpose of education, teaching, distance learning, private or non-commercial study and/or private or non-commercial bone fide academic research to further a body of knowledge, where the research is not for Commercial Use. “HEFCE” means the Higher Education Funding Council for England. “Institution” means a higher or further education institution in the UK whose name appears on the most up to date list of higher and further education institutions found on line at http://www.jisc.ac.uj/coll_allbanding "Intellectual Property Rights" means patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world. are the trading name of JISC Collections and Janet Limited (a JISC Group company). set up to (1) carry on from the UK funding bodies all or any of the businesses of establishing, managing and providing access to the UK learning community and to acquire and grant licences for access and use of learning material for the advancement and benefit of the UK learning community; (2) acquire and grant licences for access and use of electronic resources for the community of bodies and institutions engaged in the provision or support of education, learning and/or research in the UK and elsewhere in the world. JISC Collections ″JORUM Repository″ means the central repository of learning and teaching material funded by the UK funding bodies. “Licensed Work” means the material as identified in Appendix 1 “Service” means a service provided by HEFCE, JISC Collections or any Datacentre acting on its behalf such as (but not limited to) Digimap, relating to the collection of Centre for Ecology & Hydrology’s digital data known to the parties as “Centre for Ecology & Hydrology” comprising the datasets as listed in Appendix 1 and such other Centre for Ecology & Hydrology data products as HEFCE and Centre for Ecology & Hydrology may agree from time to time. " Secure Authentication" means access to the Licensed Work by Security Assertion Mark-up Language (SAML) technology based authentication, Internet 2 "Secure Network" “Use” Protocol (“IP”) ranges or by another means of authentication agreed in writing between the Licensor and the Licensee from time to time. means a network which is only accessible by Secure Authentication. means viewing, copying, adaptation, reproduction, manipulation or modification of the Licensed Work, Digital Maps and Digital Data to create customised maps and models and any further use of such customised maps and models by Authorised Users in accordance with Clauses 3 and 4 of this End-User Licence Agreement. 1.2 Headings contained in this End-User Licence are for reference purposes only and shall not be deemed to be an indication of the meaning of the clause to which they relate. 1.3 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa. 2. GRANT OF END-USER LICENCE 2.1 JISC Collections agrees to grant to Authorised Users access and use of the Licensed Work throughout the term of this End-User Licence by Secure Authentication for Educational Purposes only. 3. USE OF THE LICENSED WORK 3.1 Subject to the provisions of Appendix 1b throughout the term of this End-User Licence the Authorised Users may for Educational Purposes only: 3.1.1 make such temporary local electronic copies of all or part of the Licensed Work, Digital Maps and Digital Data as are necessary to ensure efficient use by Authorised Users, provided that such use is subject to all the terms and conditions of this End-User Licence; 3.1.2 allow Authorised Users to access the Licensed Work by Secure Authentication in order to search, retrieve, view, display and otherwise use parts thereof including but not limited to Use the Digital Data in accordance with the terms of this EndUser Licence;. 3.1.3 electronically save parts of the Licensed Work; 3.1.4 print out copies of parts of the Licensed Work; 3.1.5 incorporate parts of the Licensed Work in printed and non-manipulable (e.g. locked .PDF file) electronic course packs, study packs and course notes hosted on a Secure Network, virtual learning environments, managed learning environments and multi-media works. Each item shall carry the appropriate copyright notice and/or acknowledgements as listed in Appendix 1b. Course packs in non-electronic non-print perceptible form, such as Braille, may also be offered to Authorised Users; 3.1.6 incorporate parts of the Licensed Work, in printed or electronic form in 3 assignments and portfolios, theses and in dissertations (“the Academic Works”), and to make reproductions of the Academic Works for personal use and library deposit. Reproductions of the Academic Works can be provided to sponsors of those Academic Works. Authorised Users must specify the title and copyright owner of the Licensed Work used in the Academic Works, as listed in Appendix 1b of this Agreement. Undertake the following activities, subject in each case to stating any required acknowledgements as listed in Appendix 1b of this Agreement: 3.1.7 display, download and print parts of the Licensed Work and Digital Maps for the purpose of promotion of the Licensed Work, testing of the Licensed Work and Digital Maps, or for training Authorised Users; 3.1.8 publicly display or publicly perform parts of the Licensed Work and Digital Maps as part of a presentation at a seminar, conference, or workshop, or other such similar activity; 3.1.9 make such copies of training material and network on a Secure Network such training material as may be required for the purpose of using the Licensed Work and Digital Maps in accordance with this End-User Licence; and 3.1.10 use Digital Maps in brochures, leaflets and flyers; 3.1.11 publish Digital Maps on the website of the Authorised Institution or websites created as part of a course or project; 3.1.12 print and use copies of the Licensed Work and Digital Maps as part of a Post Graduate Certificate in Education course in schools; 3.1.13 deposit in perpetuity the learning and teaching objects as referred to in Clause 3.1.9 in electronic repositories operated by the Authorised Institution on a Secure Network and in the JORUM Repository. The access and use of such learning and teaching objects shall be governed by the terms and conditions of the applicable repository. 4. RESTRICTIONS 4.1 Save as provided herein, the Authorised Institution and Authorised Users may not: 4.1.1 sell or resell the Licensed Work, Digital Data and/or Digital Maps unless the Authorised Institution or an Authorised User has been granted prior written consent by Centre for Ecology & Hydrology to do so; 4.1.2 redistribute, publish or otherwise make any information contained in any part of the Licensed Work, Digital Data and/or Digital Maps available in any manner or on any media other than that allowed under this Agreement; 4.1.3 remove, obscure or modify copyright notices, text acknowledgments or other means of identification or disclaimers as they appear; 4 4.1.4 save as provided for under this End-User Licence, display or distribute any part of the Licensed Work, Digital Data and/or Digital Maps on any electronic network, including without limitation the Internet and the World Wide Web, and any other distribution medium now in existence or hereinafter created, other than on a Secure Network; 4.1.5 save in relation to Clauses 3.1.6, 3.1.7, 3.1.12, and 3.1.13, permit or allow anyone other than Authorised Users to access or use the Licensed Work, Digital Data and/or Digital Maps; 4.1.6 use all or any part of the Licensed Work and Digital Maps for any Commercial Use or for any purpose other than Educational Purposes, the restriction to include any use of the Licensed Work and the Digital Maps (or subsequently derived works) where it is possible to reverse engineer back to or recompile the original Licensed Work and the Digital Maps; 4.1.7 save in relation to Clause 3.1.7 and 3.1.13, permit any part of the Licensed Work, Digital Data and/or Digital Maps to be electronically transmitted to any other recipient except where the recipient is an Authorised User under the terms of a valid Centre for Ecology & Hydrology Data End-User Licence Agreement. 4.2 This Clause 4 shall survive termination of this End-User Licence for any reason. 5. TERM AND TERMINATION 5.1 JISC Collections may terminate this End-User Licence at any time on the material breach or repeated other breaches by the Authorised Institution or Authorised User of any obligation under this End-User Licence by serving a written notice identifying the nature of the breach. The termination will become effective thirty days after receipt of the written notice unless during the relevant period of thirty (30) days the defaulting party remedies the breach. 5.2 Notwithstanding anything to the contrary herein, this End-User Licence will be treated as if terminated if the Centre for Ecology & Hydrology data supply and licence agreement between Centre for Ecology & Hydrology and JISC Collections terminates for any reason. 5.3 Upon a breach by the Authorised Institution or the Authorised User, on-line access to the Licensed Work, Digital Data and/or Digital Maps shall be terminated. 5.4 Upon termination of this End-User Licence, copies of any part of the Licensed Work made by the Authorised Users may not be retained and used, other than as provided for under this clause. Print copies may be used after termination of this Agreement subject to the terms of Clauses 3 and 4 of this End-User Licence, which terms shall survive any termination of this End-User Licence. For the avoidance of doubt copies of parts of the Licensed Work incorporated in course packs, study packs, course notes, multi-media works and Academic Works in accordance with Clauses 3.1.5 and 3.1.6 may be deposited by Authorised Institutions and Authorised Users in institutional repositories and archives or other repositories with the written consent of the Licensor. 6. ACKNOWLEDGEMENT AND PROTECTION 5 OF INTELLECTUAL PROPERTY RIGHTS 6.1 The Authorised User acknowledges that the Intellectual Property Rights in the Licensed Work, Digital Data and/or Digital Maps (save for the Intellectual Property Rights in the software used by a Datacentre in the creation of Digital Maps and any Intellectual Property Rights in any Service provided by a Datacentre other than the Licensed Work and Digital Maps themselves) are the sole and exclusive property of Centre for Ecology & Hydrology or are duly licensed to Centre for Ecology & Hydrology and that this EndUser Licence does not assign or transfer to the Authorised Institution any right, title or interest therein except for the right to use the Licensed Work in accordance with the terms and conditions of this End-User Licence. 7. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION7.1 Other than the express warranties stated in this Clause 7, the Licensed Work is provided on an “as is” basis, and JISC Collections and the Centre for Ecology & Hydrology hereby disclaim any and all warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Work or any part thereof, including, without limitation any and all warranties of quality, performance, merchantability or fitness for a particular purpose, that the Licensed Work is complete or error free or that its use by the Authorised Institution and Authorised Users will not constitute any libel, breach of confidence or infringement of the intellectual property rights of any third party. 8. FORCE MAJEURE 8.1 Either party’s failure to perform any term or condition of this End-User Licence as a result of circumstances beyond the control of the relevant party (including without limitation, war, strikes, flood, governmental restrictions, and power, telecommunications or Internet failures or damages to or destruction of any network facilities) ["Force Majeure"] shall not be deemed to be, or to give rise to, a breach of this End-User Licence. 9. GOVERNING LAW AND DISPUTE RESOLUTION 9.1 This End-User Licence shall be governed by and construed in accordance with English law and the parties irrevocably agree that any dispute arising out of or in connection with this End-User Licence will be subject to and within the jurisdiction of the English courts. 10. GENERAL 10.1 This End-User Licence and its Schedules constitute the entire agreement between the parties relating to the Licensed Work and supersede all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and may not be amended or modified except by agreement of both parties in writing. 10.2 The Schedules shall have the same force and effect as if expressly set in the body of this End-User Licence and any reference to this End-User Licence shall include the Schedules. 10.3 Centre for Ecology & Hydrology may directly enforce and rely on the terms of this EndUser Licence that are expressed or intended to be for its benefit (including, but not limited to, clauses 3, 4, 6 and 7, subject to and in accordance with the terms of this End- 6 User Licence under the provisions of the Contract (Rights of Third Parties) Act 1999, as amended or substituted from time to time. Otherwise, no provision of this End-User Licence is intended to be enforceable by any person who is not a party to it. 10.4 The invalidity or unenforceability of any provision of this End-User Licence shall not affect the continuation in force of the remainder of this End-User Licence. 7 APPENDIX 1: LICENSED WORK The Licensed Work consists of the following datasets: Product Description Details of area supplied LCM2007 25m Raster LCM2007 1km Raster Dominant The raster data have been derived from the vector dataset on a 25m grid, consisting of 23 Target Classes. The 1km products for LCM2007 were created by summarising the LCM2007 25m raster data set to produce percentage cover for each class and to identify the dominant (most widespread) class in each 1km pixel; Dominant cover at 1km for LCM2007 classes (23 land cover classes). Dominant cover at 1km for LCM2007 Aggregate classes (10 land cover classes). Great Britain Percentage cover at 1km for LCM2007 classes (23 land cover classes). Great Britain Percentage cover at 1km for LCM2007 Aggregate classes (10 land cover classes). Great Britain The LCM 2000 vector product was the first LCM vector product & the most detailed LCM 2000 product. Each polygon represents a parcel of land and has attributes describing land cover and metadata. Minimum Mappable Unit for land cover parcels: 0.5ha. The map updates and substantially upgrades the Land Cover Map of Great Britain (LCMGB) 1990 Percentage cover at 1km for LCM2000 classes (26 land cover classes). Great Britain Dominant cover at 1km for LCM2000 Aggregate classes (10 land cover classes). Great Britain Percentage cover at 1km for LCM2000 classes (26 land cover classes). Great Britain Percentage cover at 1km for LCM2000 Aggregate classes (10 land cover classes). Great Britain LCM2007 1km Raster Dominant for Aggregate Classes LCM2007 1km Raster Summary LCM2007 1km Raster Summary for Aggregate Classes LCM 2000 Level 2 Vector LCM 2000 25m Raster LCM2000 1km Raster Dominant LCM2000 1km Raster Dominant for Aggregate Classes LCM2000 1km Raster Summary LCM2000 1km Raster Summary for 8 Great Britain Great Britain Great Britain Great Britain Aggregate Classes LCM 1990 25m Raster LCM 1990 1km Raster Dominant LCM 1990 1km 1990 1km Raster Summary The map, based on a 25m grid, records 25 cover types, consisting of sea and inland water, beaches and bare ground, developed and arable land, and 18 types of seminatural vegetation Percentage cover at 1km for LCM1990 classes (25 land cover classes). Great Britain Dominant cover at 1km for LCM1990 Aggregate classes (25 land cover classes). Great Britain Great Britain Appendix 1b Notices and acknowledgements For use of the LCM2007 products listed in Appendix 1 above, or data derived from using the LCM 2007 products in scientific &/or academic publications or reports, accepted scientific referencing conventions will apply and you will act reasonably in carrying out such referencing. The source of the LCM2007 product, or data derived from using the LCM 2007 products, must be acknowledged in all publications and reports arising from their use. The following citation shall be included in the reference list of any reports or publications in which LCM2007 products, or data derived from using the LCM 2007 products have been used. ‘Morton, D., Rowland, C., Wood, C., Meek, L., Marston, C., Smith, G., Simpson, I.C. 2011. Final report for LCM2007 – the new UK land cover map. CS Technical Report No 11/07 NERC/Centre for Ecology & Hydrology 108pp. (CEH project number: C03259).’ The following copyright notices and acknowledgements should be placed on all copies of the Licensed Work or data derived from using the Licensed Work according to the geographic area(s) used: Geographical area Copyright notices GB LCM2007 © and database right NERC (CEH) 2011. All rights reserved. Contains Ordnance Survey data © Crown copyright and database right 2007. © third party licensors. Acknowledgements The following datasets have been used in the derivation of LCM2007 raster products: Landsat-TM5 satellite imagery © <Satellite/Ground station operator> 2007. Distributed by Eurimage. GB 9 GB GB IRS-LISS3 satellite imagery supplied by European Space Agency © Euromap, Space Imaging and Antrix Corporation Limited. SPOT-4 and SPOT-5 satellite imagery supplied by European Space Agency © Spot Image and Centre National D’Etudes Spatiales (CNES). AWIFS satellite imagery © Antrix Corporation Limited, distributed by Euromap. Contains Ordnance Survey mapping data © Crown copyright and database right 2007. Digital elevation data © Intermap Technologies Inc. or its suppliers 2003. England and Wales Soils data for England and Wales © Cranfield University (NSRI) and for the Controller of HMSO. 2011. England and Wales Office for National Statistics data © Crown Copyright and database right. Contains Ordnance Survey data © Crown copyright and database right 2001. Boundaries from Rural Payments Agency © Crown copyright and database right and/or © third party licensors. Boundaries from Welsh Government, Department of Rural Affairs © Crown Copyright and database right and/or © third party licensors. Boundaries from Scottish Government © Crown Copyright and database right and/or © third party licensors. SSKIB derived pH for "semi-natural" soils for upper horizon for dominant soil © The James Hutton Institute 2010. Land Cover of Scotland dataset, Crown Copyright 1992. It shall not be reproduced in any form whatever without the permission of The Controller of Her Majesty’s Stationery Office. Reproduced from OS Pathfinder Series with the permission of the Controller of HMSO. © Crown copyright 1992. Scottish Government boundaries © Crown Copyright and database right and/or © third party licensors 2004. All rights reserved. GB GB GB England Wales Scotland Scotland Scotland Scotland The following copyright notice should be placed on all copies of information or images derived from the LCM 2007 products: ‘Based upon LCM2007 © NERC (CEH) 2011. Contains Ordnance Survey data © Crown Copyright 2007. © third party licensors.’ For use of the LCM 2000 & 1990 products listed in Appendix 1 above, or data derived from using the LCM 2000 & 1990 products, the following copyright notices and acknowledgements should be placed on all copies of the Licensed Work or data derived from using the Licensed Work. This also applies to all copies of information or images derived from the LCM 2000 & 1990 products: Dataset Copyright Acknowledgement LCM2000 © NERC (CEH) Fuller, R. M.; Smith, G. M.; Sanderson, J. M.; Hill, R. A.; Thomson, A. G.. 10 LCM1990 © NERC (CEH) 11 2002 The UK Land Cover Map 2000: construction of a parcel-based vector map from satellite images. Cartographic Journal, 39. 15-25. Fuller, R.M., Groom, G.B. and Jones, A.R. 1994a. The Land Cover Map of Great Britain: an automated classification of Landsat Thematic Mapper data. Photogrammetric Engineering & Remote Sensing, 60, 553-562.