OS OnDemand Order Form (G-Cloud)
The terms of the OS OnDemand Service Contract attached to this OS OnDemand Order Form (G-Cloud) request form, are only
available to public sector bodies who are eligible to use the G-Cloud Services.
Please complete all the sections below, unless otherwise indicated.
By signing this form you accept the terms of the OS OnDemand Service Contract
1
Your Details
Account number (if you have one):
[insert details]
Purchase order reference (if you have one):
[insert details]
Name of your company/organisation:
[insert details]
Company registration number (if applicable):
[insert details]
Address and Postcode:
[insert details]
Invoice Address and Postcode:
[insert details]
Contact Name:
[insert details]
Contact Email:
[insert details]
2
Service Type
To use the Web Map Tile Service, you must be a member of the PSMA and OSMA in order to be licensed for the relevant data.
☐ OS OnDemand Web Map Service
☐ OS OnDemand Web Map Tile Service
☐ OS OnDemand Web Map Service & Web Map Tile Service
☐ OS OnDemand Web Map Tile Service + OpenSpace SDK
☐ OS OnDemand Web Map Service + Web Map Tile Service + OpenSpace SDK
3
Client Software
Please provide details of your client software, including the version number:
[insert details]
4
Authentication Method (WMS only):
☐ HTTP(S) Basic (preferred option. We will provide a password)
☐ IP address details (only to be used where no support is available within your client software for http basic):
[insert details]
5a
URL (Accessing WMTS via API only):
[insert details]
5b
OS OnDemand WMTS
OS OnDemand WMTS has been built to OGC standards and we are awaiting certification. If you would like to
evaluate the service using GIS please contact us by email: businessenquiries@os.uk or call 0345 375 7535
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6
OS OnDemand Service Band(s)
See the Service Band table below. The Service Band you choose must not exceed the maximum number of terminals for which
you are licensed:
☐A
☐B
7
☐C
☐D
☐E
Hard media opt-out
If you are entitled to receive OS Data (as defined in the OS OnDemand Service Contract) in hard media under the terms of
your Licence (as defined in the OS OnDemand Service Contract), you can choose NOT to receive such hard media in relation
to any or all of the OS OnDemand Datasets (as defined in the OS OnDemand Service Contract) by listing such Datasets in
this box. Please read clause 2.6 of the OS OnDemand Service Contract before completing this box. If you DO complete this
box, it will constitute a waiver of any right to receive a supply of the relevant data on hard media under your Licence, and you
agree that OS shall not be in breach of the Licence or have any liability under it where such breach or liability has only arisen as
a result of OS not supplying data on hard media. If, at any time, you wish to change this decision, please notify the Digital
Supply Team, by letter, fax or email, using the contact details set out below.
[insert details]
8
Please sign to verify the details above and accept the terms of the OS OnDemand Service Contract
Signature
.........................................................................................................................
Name
.........................................................................................................................
Title
.........................................................................................................................
Date
.........................................................................................................................
Please send or email this form and any enquiries to:
Data Fulfilment Services, OS, Explorer House, Adanac Drive, SOUTHAMPTON, United Kingdom, SO16 0AS
Phone:
0345 375 7535
Fax:
023 8030 5603
Email (orders):
dfs@os.uk
Email (queries):
businessenquiries@os.uk
Service Bands
Service
Band
Terminals
Usage Limits (per day) 1
WMS
WMTS2
External
serving
permitted
OS
MasterMap
Topography
Layer
Included
Price per
annum
(exc.VAT)
A
< 100
50,000 WMS
Y
----
Internal only
Y
£1,500
B
101-1000
50,000 WMS
Y
----
Internal only
Y
£5,000
C
1,001-2,000
50,000 WMS
Y
----
Internal only
Y
£9,000
D
Unlimited
(including external use)
100,000 WMS
Y
Y
Y
Y
(WMS Only)
£20,000
E
Unlimited
(including external use)
----
Y
Y
----
£6,000
1
2
750,000 WMTS tiles
750,000 WMTS tiles
WMS = Map Transactions; WMTS tiles = Tile Limits
OS OnDemand WMTS has been built to OGC standards and we are awaiting certification
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OS OnDemand Service Contract
Between:
(1)
Ordnance Survey Limited, a company registered in England and Wales (company registration number 09121572)
whose registered address is at Explorer House, Adanac Drive, SOUTHAMPTON, United Kingdom, SO16 0AS (OS, we,
us, our);
(2)
Licensee, you, your, as defined in sections 1 and 2 of the OS OnDemand Order Form.
Background:
A
OS provides services through which the Licensee is able to access OS Data displayed in a Raster Format either (i) via a
web-based managed feed using Web Map Service technology (WMS) and (ii) subject to being licensed for Great
Britain coverage of the relevant OS Data, via a proprietary API using Web Map Tile Service (WMTS) technology. In
addition to API access, where you add our API into your web application’s html code, WMTS now supports access for
OGC WMTS Tile requests and XYZ Style Tile Requests.
B
You may also elect to use one of the mapping data software development kits created and made available by OS
(OpenSpace SDK) and licensed under open source licence terms which are located at the following url:
https://github.com/OrdnanceSurvey
1
Definitions & interpretations
Agreement
means these terms and conditions including the schedules and the OS OnDemand Order
Form.
API
means application programming interface.
API Key
means a unique alphanumeric API key permitting access to the OS OnDemand Datasets via
the OS API.
Business Day
means any day which is not a Saturday, Sunday or public holiday in England, but excluding
the period between Christmas Day and New Year’s Day.
Call Off Order Form
means the completed Order Form signed by the Licensee and OS pursuant to the G-Cloud
Services IV Framework Agreement entered into by the Government Procurement Service
and OS.
Change in Law
means a change in legislation, regulations, governmental or administrative practice or a
decision by any competent court.
Client Referrer URL
means a URL sent by your GIS for the purpose of accessing the WMTS.
Collective Purchase
Agreement Licence
means any licences you hold under (i) the Public Sector Mapping Agreement (or any
successor agreement) between OS and the Department for Communities and Local
Government or (ii) the One Scotland Mapping Agreement (or any successor agreement)
between Scottish Ministers and OS.
Commencement Date
means the date specified in section 1.1 of the Call Off Order Form.
Confidential Information
means any information that is marked or identified as confidential, or that would reasonably
be considered to be confidential in nature, that relates to the affairs of a party and is
acquired by the other party in anticipation of or as a result of the Agreement.
Contractor
means any contractor engaged by you or tendering to provide goods or services to you in
connection with OS Data.
Control
means the power (directly or indirectly) to appoint or remove a majority of the directors or
otherwise direct the affairs of an organisation.
Data
means any text, graphic, audio and/or visual material, software, application, data, database
content or other multimedia content, information and material.
Expiry Date
has the meaning ascribed thereto in section 1.2 of the Call Off Order Form.
Fee
the fee payable to us for your use of OS OnDemand.
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Intellectual Property Rights
means copyright, patent, trade mark, design right, database rights, trade secrets, know
how, rights of confidence and all other similar rights anywhere in the world whether or not
registered and including applications for registration of any of them.
Licence
means any Collective Purchase Agreement Licence, Framework Direct Licence (including
any related Data Contracts) or the Open Government Licence under which you license OS
Data.
Licensed Use
means your permitted use of OS Data under a Licence.
Login
means your username, url, password and any other registration details you provide to allow
access to OS OnDemand.
Map Transaction
means the display of a Raster Format image depicting mapping created from the OS
OnDemand Datasets in response to your request.
Open Government Licence
means the terms set out at http://www.nationalarchives.gov.uk/doc/open-governmentlicence/version/3/.
OS API
means the mapping data API created by OS to allow you access OS OnDemand Datasets via
OS OnDemand WMTS (which consists of the object and source code form of (i) our
proprietary API software and (ii) open source software).
OS Data
means Data including the OS OnDemand Datasets which we own or which we licence from
a third party (including the Crown).
OS OnDemand
means a service providing access to OS Data displayed in a Raster Format either (i) via a
web-based managed feed using WMS technology (OS OnDemand WMS) and (ii) subject to
being licensed for Great Britain coverage of the relevant OS Data, via a proprietary API using
WMTS technology (OS OnDemand WMTS).
OS OnDemand Datasets
means a set of OS Data (including OS OpenData) products made available as a Raster
Format view through OS OnDemand.
OS OnDemand Order Form
means the form to which the Agreement is annexed.
OS OpenData
means the datasets identified on our website (http://www.os.uk/business-andgovernment/products/opendata-products-grid.html) which are owned by or licensed to OS
and are licensed under the Open Government Licence.
Raster Format
means the representation of mapping composed of individual pixels (the smallest
discernible element of such mapping) where the information stored within each pixel
corresponds to the colour of that pixel only and such information is not referenced to the
information within any other pixel.
Service Band
means the level of service of OS On Demand you have chosen, as specified in your OS
OnDemand Order Form.
Term
means the period between the Commencement Date and the Expiry Date.
Terminal
means a laptop, PC, workstation or any other equipment containing a screen on which the
OS Data may be displayed.
URL
means the domain name against which we will register your API to enable you to access the
service.
Usage Limits
means the daily limits on the number of Map Transactions or tiles specified in your OS
OnDemand Order Form.
1.1
In this Agreement, unless the context otherwise requires:
a)
words in the singular include the plural and vice versa;
b)
references to: a) a Clause are to a Clause of these terms and conditions; and b) a statute or statutory
provision include any amendment, extension or re-enactment of such statute or provision.
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2
Use of OS OnDemand
2.1
You agree to be bound by the terms and conditions of this Agreement by submitting a signed OS OnDemand Order
Form. A contract is formed when we provide written acceptance.
2.2
In consideration for your payment of the Fee, we grant you a limited, non-exclusive, non-transferable, fully revocable
licence for the Term to access and use OS OnDemand for the purpose of accessing and using the OS OnDemand
Datasets.
2.3
Your rights to use OS OnDemand, OS OnDemand Datasets and the OS API are subject to the terms of your Licence.
You shall not be entitled to access and/or use any OS Data not permitted under the terms of your Licence.
For the avoidance of doubt, you cannot use any OS Data licensed under the Framework Contract (Partners) with
this Agreement.
2.4
In the event of any conflict or ambiguity between the Licence and this Agreement, the former will take precedence.
2.5
In order to use OS OnDemand WMTS, you must be licensed for Great Britain coverage of the relevant OS OnDemand
Datasets.
2.6
OS OnDemand Datasets are available in a Raster Format view only. Your use of OS OnDemand is not intended to be
your primary means of access to OS Data under your Licence and is not intended to fulfil our obligations in respect of
OS Data under the Licence.
2.7
You have no rights to use OS OnDemand and/or the OS API except as specifically set out in this Agreement. Without
limitation, you are not licensed to do any of the following:
2.8
a)
decompile (as defined by the Copyright, Designs and Patents Act 1988 section 50B), or attempt to
decompile, any software or computer programs contained within OS OnDemand. The interoperability or
interface information necessary to create an independent program which can be operated with the above
software or computer programs is available from us upon request; or
b)
use OS OnDemand, the API Key or OS Data to recreate any of our products, any part of such products or
any similar products otherwise than in accordance with the relevant Licence.
You may use either the OS API or a third party API to access OS OnDemand. If we have provided you with an API Key:
a)
we hereby grant you a non-exclusive, non-transferable, royalty free and fully revocable licence to install,
run and use the OS API in conjunction with OS OnDemand WMTS; and
b)
we hereby grant you a licence to use the OS API in accordance with the relevant licence terms set out on
our website. In the event of conflict between the provisions in this Agreement and the terms set out at
such url, the latter shall take precedence.
2.9
Subject to the provisions of Clause 2.10, this Agreement does not give you any right to sublicense or otherwise
provide access to OS OnDemand to third parties other than your own Contractors.
2.10
If you appoint a Contractor then, without prejudice to obligations under the Licence, you must procure that the
Contractor is not granted any rights that exceed those granted to you under this Agreement and related Licences and
executes a licence:
a)
to observe the obligations and restrictions set out in this Agreement and related Licences;
b)
which includes a right for us to enforce such agreement directly against the Contractor; and
c)
which will terminate automatically with immediate effect on termination or expiry of this Agreement.
2.11
You shall remain solely liable to us in respect of any act or omission of any Contractor.
3
Term
3.1
This Agreement will terminate on the Expiry Date.
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4
OS’s obligations
4.1
We shall use reasonable endeavours to:
a)
provide at least a 99.9% uptime service availability level for OS OnDemand (excluding periods during
which the service is unavailable due to planned maintenance or faults attributable to any third party,
including hosting suppliers); and
b)
give you not less than 5 Business Days’ notice of all planned maintenance and upgrades.
4.2
We shall provide error corrections, updates and upgrades as they become available, and provide technical support via
our Customer Service Centre, available on Business Days between 8:30am and 5:30pm.
5
Licensee’s obligations
5.1
You shall:
a)
take appropriate technological and security measures to ensure that access through your account to OS
OnDemand, the API Key, the OS API and OS Data is physically and electronically secure from unauthorised
use or access;
b)
ensure that the number of terminals accessing any particular OS OnDemand Dataset does not exceed the
number of terminals permitted under the relevant Licence and your Service Band;
c)
ensure that your access to OS OnDemand does not exceed the Usage Limits applicable to your Service
Band (specified in your OS OnDemand Order Form);
d)
keep your Login confidential and not use or register it with the intent of impersonating another person;
e)
report to us any unauthorised use of OS OnDemand or the OS OnDemand Datasets;
f)
report to us any interruption to OS OnDemand (except where arising from Planned Maintenance or
Licensee caused outages) with a description of the Service Failure and any other information we require;
and
g)
inform us in writing of any change of Control of your business not more than 30 days after it becomes
effective.
6
Fees
6.1
You shall pay the Fee applicable to your Service Band annually in advance.
6.2
We may invoice you for the Fee on or after your Commencement Date, or any anniversary of it. You shall pay the Fee
(together with VAT and any other applicable taxes) in pounds sterling within 30 days of our invoice date without
deduction or set-off.
6.3
The Fee is non-refundable except in accordance with Clauses 7.2 and 9.4.
7
Variation
7.1
We reserve the right to change any part of this Agreement, including the availability of the OS OnDemand Datasets,
on 90 days’ notice, unless such change is required by law or our third party suppliers (including any third party hosting
provider) on less than 90 days’ notice, in which case we shall give you such notice as is reasonably practicable in the
circumstances.
7.2
If you do not find any changes made in accordance with Clause 7.1 above acceptable, you may terminate this
Agreement by giving us:
a)
a minimum of 30 days’ notice in writing; or
b)
where such change is required by law or by our third party suppliers (including any hosting services
provider) and we give you less than 30 days’ notice of such change, a shorter period of notice in writing;
provided that in each of (a) and (b) such notice is to expire on the same date as our notice to you under Clause 7.1. In
such event, you will be entitled to a rebate of a fair and reasonable proportion of the Fee paid in advance if the period
to which the Fee relates has not expired by the date of termination.
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8
Auditing
8.1
You shall provide evidence of compliance with any of your obligations under this Agreement if we so request.
8.2
You will maintain accurate and complete records of your use of OS OnDemand, including the number of terminals
accessing OS OnDemand and Login records. We or our representatives have the right on reasonable notice during
business hours to enter your premises and to inspect and audit your books of account and all supporting
documentation to ensure your compliance with the Agreement and to take copies of any necessary records. You
shall, at your expense, make appropriate employees and facilities available to provide us with all reasonable
assistance to enable such inspection, auditing and copying to take place.
8.3
You will comply with any reasonable measures stipulated by us as a result of any audit.
9
Termination
9.1
If you use OS Data or OS OnDemand outside the terms of the Licence or this Agreement, we reserve the right to
suspend or deactivate your use of OS OnDemand without notice. This includes any use of OS OnDemand which
consistently or substantially exceeds your Usage Limits.
9.2
Either party may terminate this Agreement immediately upon giving the other written notice in the event that:
9.3
a)
the other party is in material breach of any of the terms of this Agreement (including any failure to pay any
part of the Fee) and such breach is incapable of being remedied or, being remediable, is not remedied
within 30 days from the date of a written request to do so;
b)
the other party commits persistent breaches of this Agreement;
c)
the other party ceases to carry on business (and in our case, has not previously transferred and does not
transfer the Agreement in accordance with Clause 12.2);
d)
the other party discloses Confidential Information of the first party or authorises use of the first party’s
Intellectual Property Rights outside the scope of this Agreement;
e)
we lose the right to administer Crown copyright and/or Crown database right in respect of OS Data; or
f)
there is no Licence in force.
We may terminate this Agreement with immediate effect by giving you written notice if you:
a)
are unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986;
b)
have a receiver, administrative receiver, administrator or similar officer appointed over all or any part of
your assets or undertaking;
c)
make an assignment for the benefit of, or a composition with, your creditors generally or another
arrangement of similar import;
d)
commit an act of bankruptcy or go into liquidation or are the subject of a petition for bankruptcy or a
winding up order otherwise than for the purposes of a bona fide amalgamation or reconstruction;
e)
undergo any process similar to the matters referred to in Clauses 9.3(a) to 9.3 (d) (inclusive) in any
jurisdiction other than the UK;
f)
undergo a change of Control of your business other than for the purpose of a bona fide internal group
restructuring and so long as we exercise such right of termination within 6 months of the date on which
you notify us of such change of Control in writing.
9.4
We may terminate the Agreement by giving you 90 days’ notice if there is any Change in Law which shall in our
opinion adversely affect our right to receive payment of all or any of the Fee or other remuneration by whatever
means payable to us, or our ability to supply OS OnDemand Datasets or OS OnDemand or our ability to conduct our
business.
9.5
Termination or expiry of this Agreement will not affect either party’s accrued rights and remedies.
9.6
We shall reimburse your Fee on a pro-rata basis if this Agreement is terminated in accordance with Clause 7.2 or 9.4.
9.7
Notwithstanding the termination or expiry of this Agreement, those Clauses intended to survive termination or
expiry, including (without limitation) Clauses 1, 9.5, 10 and 11 shall continue in full force and effect.
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10
Liabilities
10.1
Nothing in this Agreement shall exclude or limit the liability of either party for:
10.2
a)
death or personal injury to the extent it results from negligence, or that of either parties’ employees or
agents; or
b)
fraud.
Nothing in this Agreement shall exclude or limit:
a)
your obligation to pay the Fee; or
b)
either party’s liability in respect of any breach relating to Confidential Information.
10.3
Neither party shall be liable to the other in contract, tort (including negligence) or otherwise for any loss of profits,
loss of business or loss of contracts (in each case whether direct or indirect) or for any special, indirect or
consequential losses or damages provided that neither this Clause 10.3 nor any other provision of this Agreement
shall affect the liability of either party under the Licence.
10.4
Subject to the preceding Clauses, the total liability of each party under or in connection with this Agreement
(whether in contract, tort (including negligence) or otherwise) will not exceed an amount equal to the annual Fee
payable in respect of the year immediately prior to the cause of action or, where less than 1 year of the Agreement
has passed, in respect of the first year of this Agreement.
11
Confidentiality
11.1
Both you and we agree:
a)
to use Confidential Information of the other only for the purposes of discussions between us relating to our
business relationship, and for performing obligations and exercising rights under this Agreement;
b)
to keep all Confidential Information secure, and to disclose it only to those employees, consultants,
directors and professional advisors who need to know such Confidential Information and who are subject
to at least the same obligations of confidentiality as those set out in this Clause 11;
c)
to notify the other without delay of any unauthorised use, copying or disclosure of the other’s Confidential
Information of which it becomes aware, and provide all reasonable assistance to the other to stop such
unauthorised use, copying or disclosure; and
d)
except as required by law or by governmental or regulatory requirements (which, for the avoidance of
doubt, shall include any requirements for disclosure under the Freedom of Information Act 2000 or the
Environmental Information Regulations 2004), not to disclose Confidential Information to any third parties
unless expressly permitted under this Agreement or with the other’s prior written consent.
11.2
The obligations in this Clause 11 do not apply to any information which is in the public domain (other than through
the breach of any obligation of confidentiality) or which a party can demonstrate was previously known to it (unless
acquired directly from the other party or in breach of any obligation of confidentiality) or was independently
developed by it without the use of any Confidential Information.
12
Assignment, subcontracting and sublicensing
12.1
Subject to clause 12.2 below, neither party may assign, subcontract or sublicense their rights and obligations under
the Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld.
12.2
We are entitled to assign, transfer or novate the benefits and obligations of this Agreement to any government body
or nominated subcontractor or, in the event of the transfer of all or any of our activities or functions to another entity,
to the entity to which our activities or functions have been transferred. You expressly agree to the assumption of our
obligations under this Agreement by that entity and, if required, shall enter into an agreement to this effect.
13
Entire Agreement
This Agreement and any documents referred to in it constitute the whole Agreement and understanding between
the parties concerning its subject matter.
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14
Waiver
14.1
The waiver on a particular occasion by either party of rights under the Agreement does not imply that other rights
will be waived.
14.2
No delay in exercising any right under the Agreement shall constitute a waiver of such right.
15
Notices
15.1
Any notice under this Agreement shall be given by prepaid first-class post; recorded delivery; email; facsimile; or by
hand to the following contact details:
a)
for us: Customer Service Centre, OS, Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS;
b)
for you: at the address, email and fax contact details which you have submitted to us (or in the absence of
such details to you at the address of your registered office or principal place of business);
or such other contact details as either party shall notify to the other in writing.
15.2
Any notice sent by pre-paid first-class post or recorded delivery shall be deemed to have been served 2 Business Days
after posting. Any notice sent by facsimile shall be deemed to have been served on the next Business Day following
sending, provided that electronic confirmation of transmission has been received. Any notice sent by email shall be
deemed to have been served on the next Business Day following sending, provided that it is not returned to the
sender undelivered. Any notice delivered by hand shall be deemed to have been served on the same day if received
before 4:00 pm on a Business Day, or on the next Business Day if received after 4:00 pm.
16
Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce or enjoy the benefit of any term of the Agreement.
17
Disputes, jurisdiction and governing law
17.1
Where you are based outside the United Kingdom, you shall appoint an agent in the United Kingdom for service of all
documents in connection with any court proceedings.
17.2
The parties agree to use all reasonable endeavours to settle any disputes by discussion between them. However,
either party may refer any dispute to the English courts immediately.
17.3
This Agreement will be governed by English law and both parties submit to the exclusive jurisdiction of the English
courts.
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Schedule 1
OS OnDemand Datasets
Product
WMS
WMTS
OS MasterMap® Topography Layer (raster format image)
Y
OS MasterMap® Integrated Transport Network™ Layer Road Networks theme****
Y
OS MasterMap® Integrated Transport Network™ Layer Road Routing Information theme****
Y
OS MasterMap® Integrated Transport Network™ Layer Urban Paths theme****
Y
OS MasterMap® Imagery Layer
Y
OS MasterMap® Sites Layer
Y
OS VectorMap® Local
Y
OS VectorMap ® Local Colour Raster
Y
OS VectorMap ® Local Black and White Raster
Y
OS VectorMap ® Local Backdrop Colour Raster
Y
1:25 000 Scale Colour Raster
Y
Y
1:50 000 Scale Colour Raster
Y
Y
Land-Form Profile® Contours***
Y
Land-Form Profile® DTM***
Y
GB Overview+*
Y
Y
GB Overview*
Y
Y
Y
*
Products marked with an asterisk do not form part of the OS product portfolio but are used to provide context at very small scales. No licensing
restrictions apply.
**
These have been generated from existing products and are only available via the WMTS to those customers who license OS VectorMap Local.
***
Note that Land-Form PROFILE is being withdrawn with effect from 30 September 2014, however if your Land-Form PROFILE Data Contract under
the Framework Contract (Direct Customers) is still in force on 1 October 2015 then you will be able to continue to access Land-Form PROFILE via
the OnDemand Service until the earlier of the following dates: a) the date falling at the end of its Initial Term or its then current Renewal Period (as
the case maybe); or b) 30 September 2016.
****
This product is a raster format image
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