Speed Compliance Tool

Terms and Conditions

• These are the Terms and Conditions between:
  
  1. The Provider (Agilysis Ltd)
  
  and
  
  2. The Customer (Public sector organisation commissioning a Speed Compliance Dashboard for their local area)

  
  Please read these terms and conditions carefully before using the Speed Compliance Dashboard which is accessible using the annual ESRI license assigned to the customer and purchased with the Speed Compliance Dashboard. The username and password for the license will be provided on delivery of the product. 
  
  By accessing and using the Speed Compliance Dashboard you agree to be bound by these terms and conditions. If you disagree with any part of the terms or conditions, then you may not use the product. 

  
  The Customer:
  
  1. must have signed and returned a copy of the Ordnance Survey Standard Form Contractor Licence between the Licensor (the Customer) and the Contractor (being Agilysis Ltd as the Provider of the product) which permits the Contractor to access Ordnance Survey data under the PSMA License to provide the Speed Compliance Dashboard on the Licensor’s behalf.
     
     
  2. must not share ESRI usernames and passwords and any breach of this condition may lead to your account being suspended. Each licence is provided to a named user as required by ESRI under our Terms and conditions as an approved partner.
     
     
  3. must not share or disclose the modified flow, speed, and congestion data, which has been calculated by the Provider using telematics and other data in conjunction with a third party. These data sets are the intellectual property of Agilysis Ltd, and permission to use them is granted for the Customer’s internal use only.
     
     
  4. must acknowledge that while every effort is made to ensure accuracy, the Provider gives no absolute warranty as to the accuracy or completeness of Speed Compliance Dashboard data, nor of any third party data from which Speed Compliance Dashboard data is derived.
     
     
  5. will take reasonable steps to ensure that the Provider receives full and prompt payment by or on behalf of the organisation in respect of any renewal which may be required for continued provision of the Speed Compliance Dashboard and ESRI licensing, subject to the Provider giving the customer reasonable advance notice of all such charges.
     
     
  6. shall indemnify the Provider against any actions, suits, proceedings, claims, demands, damages, and costs arising from these terms and conditions, or any use of Speed Compliance Dashboard data whether by the Customer or any other party whether or not connected to the Customer.
     
     
  7. agrees that the Provider may immediately and unconditionally revoke access to the Speed Compliance Dashboard if the Customer commits or permits any breach of the stipulations herein, or if the Customer or any other party whether or not connected to the Customer uses the account or Speed Compliance Dashboard data derived therefrom in like breach, unless by explicit prior written consent of the Provider
     
     
  8. acknowledges that The Provider can accept no responsibility for any difficulties faced by the Customer in accessing the tool which are caused by client-side restrictions to internet access.
     
     
  9. Should the customer wish to share screen prints from the Speed Compliance Tool in emails and reports that may be made public, the following guidance must be adhered to;
     1. It is the customer's responsibility to provide copyright which includes the authority name and OS License number, which can be obtained from Ordnance Survey. For example:
        © Crown Copyright and database rights [2023] OS [Herefordshire, 100024168] 
     2. Please also add:
        © Agilysis – Speed Compliance Tool 2023 
     3. Please refer to the PSGA sharing rules which cover the base network:
        https://beta.ordnancesurvey.co.uk/customers/public-sector/public-sector-licensing#psga-your-psga-licence-commitments-title 
        It is your responsibility to read the terms and conditions but it’s reasonable for you to:
        • Send maps or plans with associated data to other public sector users
        • Send limited details to members of the public or other third parties e.g. Schools as long as they are aware they can’t break any of the licensing restrictions. Perhaps say it’s for ‘personal use only and must not be published without permission”
        • Use the data in reports
     4. Some of the data comes from a third party (Basemap) and they are happy for their data to be shared under the same conditions.
  
  
  

  Esri Partner Network Solution Delivery Terms and Conditions

  Flow-Down Terms and Conditions for Hosted Solutions. Partner shall flow down the following terms and conditions through terms of use that must be expressly accepted by a Solution Delivery End User through a click-through mechanism, website acknowledgment, or signed license agreement. Partner's agreement shall also include any additional terms of use and use restrictions in the Master Agreement that may be applicable to Authorized Sublicense Material in Hosted Solution as authorized in this Attachment A and described in the Sales Authorization application and approved by Esri:
  
  

• Disclaim, to the extent permitted by applicable law, Esri, its licensors and Distributor's liability for any damages or loss of any kind, whether direct, special, indirect, incidental, or consequential, arising from the use of the Hosted Solutions including, but not limited to, liability for use of Hosted Solutions in high-risk activities or liability related to any Data supplied by Esri for Distributor.
• Require Solution Delivery End User at the time of termination of the Esri Partner Network Agreement or this Attachment A or use of Hosted Solutions to (i) cease access and use of the terminated Authorized Sublicense Material in Hosted Solutions, and (ii) clear any client-side data cache derived from the terminated Authorized Sublicense Material in Hosted Solutions.
• Require all Solution Delivery End Users to comply fully with all relevant export laws and regulations of the United States, including, but not limited to, the Export Administration Regulations (EAR), including prohibited end users and end uses as referenced in Part 44 and Supplement No. 4 to Part 44 of the EAR (https://www.bis.doc.gov/index.php/documents/regulations-docs/2343-part-744-control-policyend-user-and-end-use-based-2/file and https://www.bis.doc.gov/index.php/documents/regulationsdocs/2347-744-supp-4-6/file); International Traffic in Arms Regulations (ITAR); and the United States Department of Treasury, Office of Foreign Assets Control (OFAC) regulations, and to ensure that Esri products, or any direct product thereof, are not exported, reexported, transferred, diverted, used, or accessed, directly or indirectly, in violation of any United States export laws and regulations. When applicable, Partner and any Solution Delivery End Users will provide Esri with information about Partner and Solution Delivery End Users' export and distribution activities as may be required for Esri to meet its obligations under the United States export control laws and regulations.
  
• Prohibit the removal or obscuring of any patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Authorized Sublicense Material, output, metadata file, or online or hard-copy attribution page of any Data with respect to Authorized Sublicense Material.
• Disclaim all terms in the Esri Click-Through Master Agreement (E204CW) included with Authorized Sublicense Material. Esri and its licensors do not warrant that Data and Authorized Sublicense Material will meet the Solution Delivery End User's needs or expectations; that the use of Data, Authorized Sublicense Materials, and Hosted Solutions will be uninterrupted; or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on Data in Authorized Sublicense Materials, and Solution Delivery End User should always verify actual Data in Authorized Sublicense Materials. Any warranty offered by Partner for the Partner Hosted Solutions shall only apply between Partner and its Solution Delivery End Users. Esri does not offer any warranties or indemnities to Solution Delivery End User for the Authorized Sublicense Material.
• Prohibit Solution Delivery End Users from using Authorized Sublicense Material for any revenue generating activities. Authorized Sublicense Material in Hosted Solution is for the internal use of Solution Delivery End Users only.
• Prohibit Solution Delivery End Users from using Authorized Sublicense Material independently from Hosted Solution or in any other product or service.
• Prohibit Solution Delivery End User from storing, caching, using, uploading, distributing, or sublicensing content or otherwise using Authorized Sublicense Material in violation of Esri's or a third party's rights, including intellectual property rights, privacy rights, non-discrimination laws, export laws, or any other applicable law or regulation.
• Prohibit sharing of Named User login credentials. These are for designated Solution Delivery End Users only and may not be shared with other individuals. A license may be reassigned to another Solution Delivery End User if the former user no longer requires access to the Hosted Solution.
  
  

  Appendix 1 Licensed Use - Standard

  1 Licensed Use

  1.1 The Customer’s Licensed Use of Licensed Data is:

  1.1.1 Business Use as set out in paragraph 2;

  1.1.2 Limited External Use as set out in paragraph 3;

  1.1.3 Public Body and Infrastructure Body External Use as set out in paragraph 4; and

  1.1.4 (Subject to you paying the appropriate Royalties under Part A or Part D of Appendix 6 in respect of the

  Licensed Data concerned) Corporate Group Sharing as set out in paragraph 5.

  2 Business Use

  2.1 Business Use is the use of Licensed Data solely for the internal administration and operation of the Customer’s

  business.

  2.2 Business Use does not entitle the Customer to make available or to provide Licensed Data to third parties.

  3 Limited External Use

  3.1 Limited External Use is, subject to paragraph 3.2, the use of Licensed Data:

  3.1.1 to promote or further the Customer’s own business by generating a map which demonstrates one or

  more of the following:

  1. a) the location of the premises and static assets which the Customer owns, leases or manages;
  2. b) the location of a bespoke event organised by the Customer up to and for the duration of the

  event;

  1. c) directions or routes (which are not specific to any particular customer or third party) to the

  premises or static assets in paragraph 3.1.1a) or event in paragraph 3.1.1b);

  1. d) the scope of the Customer’s area of operation;

  3.1.2 to report on the Customer’s own business by including a map in:

  1. a) an annual report on the affairs of the Customer’s business or for accounting purposes, in each

  case produced to comply with a statutory obligation (including, without limitation, section 415

  of the Companies Act 2006); and/or

  1. b) a report to be submitted to a regulatory body to which the Customer is subject in order to meet

  that regulatory body’s requirements; and/or

  3.1.3 in connection with your Customer’s professional services but solely in the following ways, either:

  1. a) to include a map within any professional services provided by the Customer to its clients, such

  map only to be used (in the case of a business client) for the internal administration and

  operation of such client’s business; or

  1. b) to include a map in an advertisement in respect of the sale or letting of a property which is

  owned or leased by any of the Customer’s clients provided that any such advertisement may

  only be published either:

  1. i) in a periodical published in paper format by a third party provided that any map

  contained in the Customer’s advertisement may not feature in any electronic

  reproduction of such periodical which is published on the internet or in any other

  format;

  1. ii) in paper format within the Customer’s own publication; or

  iii) in electronic format on the Customer’s own website,

  and for the avoidance of doubt, this paragraph 3.1.3b) does not permit the Customer to publish

  any map generated by Licensed Data on any third party website.

  3.2 Limited External Use is subject to the following conditions:

  3.2.1 any map generated in accordance with paragraph 3.1 shall not comprise:

  1. a) a service or product in itself; or
  2. b) a significant part of any product or service offered by the Customer; or
  3. c) a service or product (or significant part of any product or service) provided on behalf of a third

  party;

  3.2.2 the map shall be in a raster format and the Customer shall use its reasonable endeavours to prevent third

  parties from being able to edit the map or from extracting Licensed Data from the map;

  3.2.3 the map shall not be of a larger scale or area and shall not contain a larger number of features than is

  reasonable for it to fulfil its function;

  3.2.4 the Customer shall display additional information on or with the map, which information facilitates the

  purposes in paragraphs 3.1.1 to 3.1.3;

  3.2.5 the Customer shall not receive any direct payment, credit or money’s worth as a result of allowing third

  parties to access, view or use the map but, for maps generated in accordance with paragraph 3.1.1, the

  Customer shall be entitled to use the map in conjunction with advertisements that are not illegal,

  deceptive, misleading, unethical or detrimental to the reputation of the Licensed Data and/or us; and

  3.2.6 for the avoidance of doubt, the Customer shall comply with Clause 6.5 of the Framework.

  4 Public Body and Infrastructure Body External Use

  4.1 Public Body and Infrastructure Body External Use is the supply of PBIB Licensed Data to a Public Body and/or an

  Infrastructure Body.

  4.2 Public Body and Infrastructure Body External Use is subject to the following conditions:

  4.2.1 PBIB Recipient means the Public Body and/or, subject to paragraph 4.2.2, the Infrastructure Body to

  whom PBIB Licensed Data is supplied, in accordance with paragraph 4.1 above;

  4.2.2 where the PBIB Recipient is an Infrastructure Body, only the PBIB Licensed Data described in paragraph

  4. b) of the definition of PBIB Licensed Data may be supplied to it pursuant to paragraph 4.1 above;

  4.2.3 both the Customer and the PBIB Recipient must be licensed for Business Use or Public Sector Use for the

  same area of coverage of the same PBIB Licensed Data being supplied and/or received;

  4.2.4 the Customer shall obtain written confirmation from the PBIB Recipient to whom it is supplying PBIB

  Licensed Data that the PBIB Recipient is licensed for Business Use or Public Sector Use as set out in

  Appendix 3, for the same area of coverage of the same PBIB Licensed Data being supplied;

  4.2.5 the Customer shall maintain a written record of:

  1. a) the names and addresses of PBIB Recipients to whom it has supplied PBIB Licensed Data;
  2. b) the PBIB Licensed Data which was supplied by it to the PBIB Recipients; and
  3. c) when the PBIB Licensed Data was supplied by it to the PBIB Recipients,

  and upon our written request it shall provide a copy of that written record to us;

  4.2.6 the Customer shall not receive any direct or indirect payment, credit or money’s worth for the supply of

  PBIB Licensed Data to a PBIB Recipient;

  4.2.7 subject to Clause 12.1 of the Framework, we shall have no liability to the Customer or the Sharing Party in

  respect of the PBIB Licensed Data supplied to a PBIB Recipient; and

  4.2.8 for the avoidance of doubt, the Customer shall comply with Clause 6.5 of the Framework.

  5 Corporate Group Data Sharing

  5.1 Corporate Group Data Sharing is:

  5.1.1 your Corporate Customer’s supply to a Corporate Group Member; or

  5.1.2 your Corporate Customer’s receipt from a Corporate Group Member; or

  5.1.3 a Corporate Group Member’s supply to another Corporate Group Member,

  of copies of any Specified Licensed Data (which, for the avoidance of doubt, includes any of our IPR in any Data

  created using Licensed Data).

   

  Appendix 2 Licensed Use - Infrastructure Body

  1 Licensed Use

  1.1 The Customer’s Licensed Use of Licensed Data is:

  1.1.1 Business Use (as set out in paragraph 2 of Appendix 1);

  1.1.2 Limited External Use (as set out in paragraph 3 of Appendix 1);

  1.1.3 Statutory Use (as set out in paragraph 2); and

  1.1.4 Public and Infrastructure Data Sharing (as set out in paragraph 3).

  2 Statutory Use

  2.1 Statutory Use is the use of Licensed Data solely to satisfy an express written obligation imposed by a formal written

  enactment of a legislative authority that governs the United Kingdom of Great Britain and Northern Ireland,

  Scotland, Wales, and/or Northern Ireland to which the Customer is subject which requires the use of the Licensed

  Data to meet that obligation but only to the extent required by that obligation (a Relevant Enactment).

  2.2 Statutory Use is subject to the following conditions:

  2.2.1 the obligations in paragraphs 3.2.2, 3.2.3, 3.2.4 and 3.2.6 of Appendix 1 shall apply;

  2.2.2 the Customer shall maintain a written record of its Statutory Use and upon our or your written request

  shall provide a copy of that written record to us; and

  2.2.3 the Customer shall not receive any direct or indirect payment, credit or money’s worth for the Statutory

  Use other than any charge which it is entitled to impose in accordance with the Relevant Enactment.

  3 Public and Infrastructure Data Sharing

  3.1 Public and Infrastructure Data Sharing is the supply to an Infrastructure Body or Public Body and receipt from an

  Infrastructure Body of copies of any Licensed Data (which, for the avoidance of doubt, includes any of our IPR in any

  Data created using Licensed Data).

  3.2 Public and Infrastructure Data Sharing is subject to the following conditions:

  3.2.1 Sharing Party means the Public Body or Infrastructure Body (as applicable) supplying Licensed Data or

  to whom Licensed Data is supplied, in accordance with paragraph 3.1 above;

  3.2.2 both the Customer and the Sharing Party must be licensed for Business Use or Public Sector Use for the

  same area of coverage of the same Licensed Data being supplied and/or received;

  3.2.3 the Customer shall obtain written confirmation from the Sharing Party to whom it is supplying Licensed

  Data that the Sharing Party is licensed for Business Use or Public Sector Use as set out in Appendix 3, for

  the same area of coverage of the same Licensed Data being supplied;

  3.2.4 the use of the Licensed Data received by the Customer from an Infrastructure Body shall be governed by

  the Customer’s Sub-licence for that Licensed Data;

  3.2.5 the Customer shall maintain a written record of:

  1. a) the names and addresses of Sharing Parties from whom it has received or to whom it has

  supplied Licensed Data;

  1. b) the Licensed Data which was received by it from and/or supplied by it to the Sharing Parties;

  and

  1. c) when the Licensed Data was received by it from and/or supplied by it to the Sharing Parties,

  and upon our written request it shall provide a copy of that written record to us;

  3.2.6 the Customer shall not receive any direct or indirect payment, credit or money’s worth for the supply of

  Licensed Data to a Sharing Party;

  3.2.7 subject to Clause 12.1 of the Framework, we shall have no liability to the Customer or the Sharing Party in

  respect of the Licensed Data received from and/or supplied to a Sharing Party; and

  3.2.8 for the avoidance of doubt, the Customer shall comply with Clause 6.5 of the Framework.

•  

  Appendix 3 Licensed Use - Public Body

  1 Licensed Use

  1.1 The Customer’s Licensed Use of Licensed Data is:

  1.1.1 Business Use (as set out and defined in paragraph 2 of Appendix 1); and

  1.1.2 Public Sector Use (as set out and defined in paragraph 3).

  2 Definitions

  2.1 In this Appendix 3:

  2.1.1 Commercial Activity means any activity which involves or is intended to involve Financial Gain;

  2.1.2 Competing Activity means where the Customer is using Licensed Data under this Licence in an activity

  which:

  1. a) competes with or substitutes an activity of a third party that is licensed for Licensed Data;
  2. b) is reasonably likely to compete with or substitute an activity of a third party that is licensed or

  to be licensed for Licensed Data; or

  1. c) competes with or substitutes or is reasonably likely to compete with or substitute any of our

  products and/or services (such products and/or services to be notified by us to you and/or

  Customers from time to time).

  2.1.3 Core Business means any public sector activity in central and local government and health services,

  excluding Commercial Activities and/or Competing Activities.

  2.1.4 Educational Funding Authority means any of the following, or their successors: Higher Education

  Funding Council for England; Higher Education Funding Council for Wales; Scottish Funding Council;

  Department for Employment and Learning; Skills Funding Agency; Education Funding Agency; and

  Department for Children, Education, Lifelong Learning and Skills within the Welsh Assembly Government.

  2.1.5 Educational Body means any School, HFE Institution or Teachers’ Training Establishment.

  2.1.6 Educational Use means use for the purposes of teaching, learning, research or study by a School, a

  Teachers’ Training Establishment or an HFE institution.

  2.1.7 Emergency Service means any person, body or entity (other than the Customer) involved in responding

  immediately to an Emergency Situation.

  2.1.8 Emergency Situation means an unforeseen act or event (beyond the Customer’s reasonable control)

  requiring the Customer to respond urgently, including but not limited to any of the following: war; acts of

  god (including but not limited to fire, flood, earthquake, windstorm or other natural disaster); terrorist

  attacks; civil war; civil commotion; nuclear, chemical or biological contamination; interruption of

  utilities; and fire, explosion or accidental damage.

  2.1.9 Emergency Use means use of Licensed Data by an Emergency Service to enable the Emergency Service

  to respond immediately to an Emergency Situation.

  2.1.10 Financial Gain means any revenue or credit received which exceeds the Customer’s incremental costs of

  supplying or making available to a recipient any copy of any Licensed Data. Financial Gain does not

  include any receipts from Statutory Charges.

  2.1.11 HFE Institution means a higher or further education institution or research council, in each case located

  in Great Britain and eligible to receive support from an Educational Funding Authority.

  2.1.12 INSPIRE End User means a person entering into a Public Sector End User Licence – INSPIRE with the

  Customer for the INSPIRE End User Purpose.

  2.1.13 INSPIRE End User Purpose means the INSPIRE End User using the data for personal, non-commercial

  use.

  2.1.14 INSPIRE Regulations means the INSPIRE Regulations 2009/3157.

  2.1.15 INSPIRE Relevant Body End User means an institution or body of the European Union which requires

  Licensed Data for the purpose of its public tasks that may have an impact on the environment.

  2.1.16 INSPIRE Relevant Body End User Purpose means a specific project or activity required to deliver or

  support the delivery of the INSPIRE Relevant Body End User’s public tasks that may have an impact on

  the environment, and that has been specified in and which is permitted by the Public Sector End User

  Licence – INSPIRE Relevant Body. This INSPIRE Relevant Body End User Purpose shall not permit the

  INSPIRE Relevant Body End User to sub-license, distribute, sell or otherwise make available the Licensed

  Data to third parties, save where expressly permitted in writing by us.

  2.1.17 Public Sector Innovation Licence means the licence of the same name (the term of which shall not

  exceed the term of the Customer's Sub-licence) available on the Website and applicable to this Appendix

  3.

  2.1.18 Public Sector End User means a person entering into a Public Sector End User Licence with the

  Customer.

  2.1.19 Public Sector End User Licence means the licence of the same name (the term of which shall not exceed

  the term of the Customer’s Sub-licence) available on the Website

  (https://www.ordnancesurvey.co.uk/business-and-government/help-and-support/publicsector/

  guidance/licences.html) and applicable to this Appendix 3.

  2.1.20 Public Sector End User Licence – INSPIRE means the licence of the same name (the term of which shall

  not exceed the term of the Customer’s Sub-licence) available on the Website and applicable to this

  Appendix 3.

  2.1.21 Public Sector End User Licence – INSPIRE Relevant Body means the bespoke licence of the same name

  (the term of which shall not exceed the term of the Customer's Sub-licence) available, where appropriate

  on a case by case basis, on request from us.

  2.1.22 Royal Mail Data means data or IPR owned by Royal Mail Group Limited or Royal Mail Group plc (or which

  Royal Mail Group Limited or Royal Mail Group plc licenses from a third party), which are incorporated in

  any of the Licensed Data.

  2.1.23 School means a state, public or independent school in Great Britain which is properly authorised as a

  School by the Department for Education or the Scottish Government Education Department (or their

  successors) and has a unique DCSF Reference Number (or its Department for Education equivalent) or

  Scottish SEED number, and excludes European schools.

  2.1.24 Statutory Charge means charges which a Customer is expressly permitted to charge pursuant to a

  formal written enactment of a legislative authority that governs the United Kingdom of Great Britain and

  Northern Ireland, Scotland, Wales, and/or Northern Ireland to which a Customer is subject.

  2.1.25 Teachers’ Training Establishment means an institution in Great Britain accredited as a provider of

  teacher training courses by the Training and Development Agency for Schools or by the Higher Education

  Funding Council for Wales, or their successors.

  2.2 For the avoidance of doubt, references to Licensed Data in paragraphs 3 to 9 shall include Data created using

  Licensed Data, to the extent that the Data created incorporates IPR owned by us or delegated to us by the Keeper of

  Public Records, provided that this paragraph is subject to paragraph 2.3.

  2.3 Where paragraphs 6 and 7 refer to Licensed Data, such reference is limited to Data created using Licensed Data to

  the extent that the Data created incorporates IPR owned by us or delegated to us by the Keeper of Public Records.

  3 Public Sector Use

  3.1 Public Sector Use is the use of Licensed Data to support delivery of or to deliver a Customer’s Core Business.

  3.2 Public Sector Use does not entitle a Customer to make available or to provide Licensed Data to third parties, save

  as follows:

  3.2.1 in accordance with the Public Sector Data Sharing provisions in paragraph 4;

  3.2.2 in accordance with the End User Licensing provisions in paragraph 5;

  3.2.3 in accordance with the INSPIRE End User Licensing provisions in paragraph 6;

  3.2.4 in accordance with the Emergency Situations Licensing provisions in paragraph 7;

  3.2.5 in accordance with the INSPIRE Relevant Body End User Licensing provisions in paragraph 8;

  3.2.6 where a Customer makes Licensed Data (specifically excluding Points of Interest Data) available for

  public viewing (whether by way of the internet or otherwise), in either hard copy form and/or as a raster

  file, or as a copy protected vector file, where such display forms part of a Customer’s Core Business and

  the Customer complies with the obligations in paragraph 9; and

  3.2.7 in accordance with the Innovation End User Licensing provisions in paragraph 10.

  4 Public Sector Data Sharing

  4.1 Public Sector Data Sharing is the supply to any third party (including but not limited to Infrastructure Bodies and

  Public Bodies) and receipt from Infrastructure Bodies, Educational Bodies and (solely to the extent the Licensed

  Data concerned is PBIB Licensed Data) other non-Public Body third parties of copies of any Licensed Data.

  4.2 Public Sector Data Sharing is subject to the following conditions:

  4.2.1 Sharing Party means the third party to whom Licensed Data is supplied or the Infrastructure Body,

  Educational Body or non-Public Body third party from whom Licensed Data is received pursuant to this

  paragraph 4;

  4.2.2 subject to paragraph 5 of Part A of Appendix 5, both the Customer and the Sharing Party must be licensed

  for Business Use, Public Sector Use or Educational Use for the same area of coverage of the same

  Licensed Data being supplied and/or received;

  4.2.3 save where the Sharing Party is a Member (and, prior to 1 July 2020, in relation to Members who were

  previously licensed under the One Scotland Licence, is licensed under its One Scotland Licence for the

  same area of coverage of the same Licensed Data being supplied), the Customer shall obtain written

  confirmation from the third party to whom the Customer is supplying Licensed Data that the third party

  is licensed for Business Use, Public Sector Use or Educational Use for the same area of coverage of the

  same Licensed Data being supplied;

  4.2.4 the use of the Licensed Data received by the Customer from an Infrastructure Body, Educational Body or

  non-Public Body third party shall be governed by the terms of the Customer's Sub-licence;

  4.2.5 the supply by the Customer to a third party is to support delivery of or to deliver the Customer’s Core

  Business;

  4.2.6 save where both the Customer and the Sharing Party are licensed for the relevant Licensed Data under

  the Customer's Sub-licence and a PSGA Member Licence, the Customer shall maintain a written record of:

  1. a) the names and addresses of Sharing Parties from whom it has received or to whom it has

  supplied Licensed Data;

  1. b) the Licensed Data which was received by it from and/or supplied by it to the Sharing Parties;

  and

  1. c) when the Licensed Data was received by it from and/or supplied by it to the Sharing Parties,

  and the Customer shall retain the written record until it ceases to use the Licensed Data and no longer

  retains an archive of it in accordance with paragraph 5 of Appendix 4. Upon our written request the

  Customer shall provide a copy of that written record to us; and

  4.2.7 subject to Clause 12.1 of the Framework, we shall have no liability to the Customer or the Sharing Party in

  respect of the Licensed Data received from and/or supplied to a Sharing Party.

  4.3 In this paragraph 4:

  4.3.1 Member means a Public Body which has entered into a PSGA Member Licence with us that has not

  expired, nor has been terminated or suspended;

  4.3.2 One Scotland Licence means a licence entered into pursuant to the One Scotland Mapping Agreement;

  and

  4.3.3 PSGA Member Licence means a member licence entered into between us and a Public Body pursuant to

  the Public Sector Geospatial Agreement.

  5 End User Licensing

  5.1 The Customer may supply copies of Licensed Data (specifically excluding Points of Interest Data) to Public Sector

  End Users solely to enable such Public Sector End Users to use the data to respond to, or interact with the

  Customer to deliver or support the delivery of the Customer’s Core Business.

  5.2 Subject to paragraph 5.7, where the Customer supplies copies of Licensed Data under paragraph 5.1, it shall do so

  on the terms of the Public Sector End User Licence.

  5.3 The Public Sector End User Licence shall be click accepted by a Public Sector End User prior to accessing the

  Licensed Data.

  5.4 In making Licensed Data available under this paragraph 5, the Customer shall comply with the watermarking

  obligation in paragraph 9.1.2b) and shall ensure the Licensed Data includes the Customer’s licence number prefixed

  or suffixed with the letters ‘EUL’.

  5.5 In the event of any infringement or breach of our IPR by any party which we reasonably believe may have accessed

  our IPR from the Customer’s End User Licensing, you and the Customer will, on our request, use your and its best

  endeavours to assist us with investigating, pursuing and/or remedying any such infringement or breach, including,

  in particular, identifying relevant Internet Protocol addresses, details of what Licensed Data has been supplied,

  dates of supply, identity of the Public Sector End User, whether a Public Sector End User Licence has been click

  accepted or deemed accepted, and terminating any relevant Public Sector End User Licence where requested by

  us.

  5.6 The Customer must agree:

  5.6.1 only to make available Licensed Data under this paragraph 5 where there is a specific requirement to do

  so, and where that requirement cannot be reasonably met by an alternative, such as public data viewing

  under paragraph 3.2.6 or through alternative data (such as OS OpenData). For the avoidance of doubt,

  where the Customer wishes to make data available solely to comply with the transparency agenda, such

  compliance is not of itself considered to be a specific requirement;

  5.6.2 that any Licensed Data made available under this paragraph 5 shall not be of a larger scale or area and

  shall not contain a larger number of features than is reasonable for it to fulfil its function;

  5.6.3 to monitor its End User Licensing activities and to report the same to you and/or us, in accordance with

  any guidelines issued by us from time to time;

  5.6.4 to use reasonable endeavours to terminate all Public Sector End User Licences with effect from the date

  of expiry or termination of the Customer’s Sub-licence.

  5.7 Where the Customer is supplying hard copies of Licensed Data to Public Sector End Users solely for the purpose set

  out in paragraph 5.1, paragraphs 5.2 and 5.3 shall not apply and, instead, the Customer shall ensure that the

  following licence condition is set out in legible font and in a conspicuous position on the hard copy:

  ‘You are permitted to use this data solely to enable you to respond to, or interact with, the organisation which has

  provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties

  in any form.’

  5.8 Prior to providing Licensed Data to a Public Sector End User, a Customer shall:

  5.8.1 ensure that the number of Terminals licensed under its Customer Sub-licence is sufficient to account for

  the Customer’s own Licensed Use and the additional number of Terminals required by its Public Sector

  End Users; or

  5.8.2 extend the number of Terminals licensed under the Customer Sub-licence to ensure compliance with

  5.8.1 above.

  6 INSPIRE End User Licensing

  6.1 Where the Customer is required to make available Licensed Data in order to comply with its obligations under the

  INSPIRE Regulations, it may supply copies of Licensed Data (specifically excluding Points of Interest Data) to

  INSPIRE End Users for the INSPIRE End User Purpose in accordance with this paragraph 6.

  6.2 Where the Customer supplies copies of Licensed Data under paragraph 6.1, it shall do so on the terms of the Public

  Sector End User Licence – INSPIRE.

  6.3 Save where the Licensed Data is made available by way of an API, the Public Sector End User Licence - INSPIRE shall

  either be click accepted by an INSPIRE End User prior to accessing the Licensed Data, or deemed to have been

  accepted by an INSPIRE End User. Where not made available via click acceptance the Customer shall ensure that

  the Public Sector End User Licence – INSPIRE terms are clearly drawn to the INSPIRE End User’s attention prior to

  being given access to the Licensed Data, by means of a link to the Public Sector End User Licence - INSPIRE together

  with a statement in legible font in a conspicuous position that by using or accessing the Licensed Data the INSPIRE

  End User is deemed to have accepted the Public Sector End User Licence – INSPIRE. In addition, the Customer will

  ensure that a link to the Public Sector End User Licence – INSPIRE is contained in the metadata, and that the

  metadata is made available with the Licensed Data.

  6.4 Save where the Licensed Data is made available (i) by way of an API, and/or (ii) in vector format, the Customer will:

  6.4.1 include a background watermark to identify the source of the Licensed Data at scales of 1:10 000 or

  larger. The watermark must appear at least once and cover at least 10% of the map image reproduced;

  and

  6.4.2 ensure that the Licensed Data includes:

  9. a) the acknowledgement(s) required by paragraph 9.1.1; and
  10. b) the Customer’s licence number pre-fixed or suffixed with the letters ‘EUL’.

  6.5 Where the Licensed Data is made available in vector format, other than via APIs, the Customer shall ensure that

  copy protection measures are used.

  6.6 As stated in paragraph 2.3 above, in this paragraph 6, references to Licensed Data are limited to Data created by the

  Customer using Licensed Data and, for the avoidance of doubt, Licensed Data which has not been so created may

  not be supplied under this paragraph 6 as ‘background’ or otherwise.

  6.7 Where the Customer, under this paragraph 6, makes the Licensed Data available within an API:

  6.7.1 the url containing the Public Sector End User Licence – INSPIRE must be included within the API

  metadata, and must also be returned by GetCapabilities; and

  6.7.2 where practicable, the Customer shall ensure that the Public Sector End User Licence – INSPIRE terms are

  clearly drawn to the end user’s attention prior to or at the same time as being given access to the

  Licensed Data, by means of a link to the Public Sector End User Licence – INSPIRE together with a

  statement in legible font in a conspicuous position that by using or accessing the Licensed Data the end

  user is deemed to have accepted the Public Sector End User Licence – INSPIRE.

  6.8 The Customer’s obligation in Clauses 4.1.3 and 9.1, of the Framework, to maintain records of those instances where

  Licensed Data is provided to a third party shall, in the case of any supplies made pursuant to this paragraph 6, not

  require the Customer to capture and collect the names and contact details of INSPIRE End Users.

  6.9 Paragraphs 5.5 to 5.6 above shall apply to any supply under this paragraph 6, with any necessary changes.

  7 Emergency Situations Licensing

  7.1 In Emergency Situations, the Customer may provide Licensed Data (specifically excluding Points of Interest Data) to

  Emergency Services who are not licensed to use the same, to the extent required for, and for the purposes only of,

  Emergency Use.

  7.2 Where the Customer has provided Licensed Data to Emergency Services for Emergency Use, the Customer shall

  within 60 days of such provision, provide us with:

  7.2.1 a description of the precise Licensed Data that has been provided (including area of coverage);

  7.2.2 the format in which it was provided;

  7.2.3 the full correct name, address and contact details of the recipient Emergency Service;

  7.2.4 the date on which the Licensed Data was provided to the recipient Emergency Service; and

  7.2.5 a description of the particular Emergency Situation and the particular purpose for which the Emergency

  Use was required.

  7.3 In the event that the recipient Emergency Service does not agree to license, return or destroy the data provided to it

  by the Customer for Emergency Use, the Customer agrees to use its reasonable endeavours to assist us in procuring

  that the Emergency Service concerned either destroys the data or returns it to us and/or the Customer.

  8 INSPIRE Relevant Body End User Licensing

  8.1 INSPIRE Relevant Body End User Licensing is the supply by the Customer, in accordance with its obligations under

  the INSPIRE Regulations 2009, of copies of Licensed Data to an INSPIRE Relevant Body End User which has entered

  into and adheres to the terms of a Public Sector End User Licence – INSPIRE Relevant Body for the INSPIRE Relevant

  Body End User Purpose.

  8.2 In making Licensed Data available under this paragraph 8, the Customer shall comply with the watermarking

  obligation in paragraph 9.1.2b).

  8.3 As stated in paragraph 2.3 above, in this paragraph 8, references to Licensed Data are limited to Data created by the

  Customer using Licensed Data and, for the avoidance of doubt, Licensed Data which has not been so created may

  not be licensed under a Public Sector End User Licence – INSPIRE Relevant Body as ‘background’ or otherwise.

  8.4 The Customer will ensure that all Public Sector End User Licences – INSPIRE Relevant Body are terminated with

  effect from the date of expiry or termination of its Customer Sub-Licence.

  9 Customer Obligations

  9.1 In addition to the other Customer obligations set out in the Framework and this Contract, the Customer shall

  ensure that:

  9.1.1 for the avoidance of doubt, copyright, database right and trade mark acknowledgements (in accordance

  with Clause 6 of the Framework) are included on the Licensed Data and on any copies the Customer or

  any Public Sector End User or INSPIRE End User produces;

  9.1.2 where the Customer makes Licensed Data publicly available in accordance with paragraph 3.2.5 above:

  1. a) in relation to Licensed Data made available as a raster file or a copy protected vector file only,

  the Customer shall ensure that the phrase ‘Use of this data is subject to terms and conditions’

  is set out (in legible font and in a conspicuous position) on the electronic copy of each mapping

  image presented on screen, and such phrase provides a clear hyperlink to a copy of the

  conditions set out in paragraphs i) to iii) below:

  1. i) ‘You are granted a non-exclusive, royalty free, revocable licence solely to view the

  Licensed Data for non-commercial purposes for the period during which [insert name of

  Customer] makes it available;

  1. ii) you are not permitted to copy, sub-license, distribute, sell or otherwise make available

  the Licensed Data to third parties in any form; and

  iii) third party rights to enforce the terms of this licence shall be reserved to Ordnance

  Survey’;

   

  1. b) where the Customer makes Licensed Data available by way of an API (save where using our

  own APIs, which is covered by c) below), to the extent that the Licensed Data comprises

  1:10 000 Scale Raster Data (as defined in paragraph 3 of Part A of Appendix 5), OS VectorMap

  Local, OS MasterMap Highways, OS NGD Transport Theme Data, OS MasterMap Topography

  Layer, OS NGD Topography Data, Land-Line Data (as defined in paragraph 1 of Part A of

  Appendix 5) or Legacy Roads Data (as defined in paragraph 2 of Part A of Appendix 5) please

  see the guidance at https://os.uk/documents/partners-secure/wfs-wms-guidance.pdfas to

  whether or not a background watermark to identify the source of the Licensed Data must be

  included. Where a watermark is required, it must appear at least once and cover at least 10% of

  the map image reproduced. For the avoidance of doubt, no watermarking is required where

  the Customer makes Licensed Data available via electronic documents (e.g. a pdf), static

  internet image (i.e. a ‘read only’ raster format image which cannot be edited, manipulated,

  interrogated, geo-referenced or customised in any way or used within any geographical

  information system or comparable database or software system) or hard copy;

  1. c) where the Customer makes Licensed Data available via our own APIs, the Customer must

  ensure that the OS API keys and URLs which could be used by a third party as an alternative

  means of direct access to the service are obscured from the client view, so as not to enable

  such unauthorised access;

  1. d) in relation to Licensed Data made available in hard copy form for members of the public to

  take away, the Customer shall ensure that the following licence condition is set out in legible

  font and in a conspicuous position on the hard copy:

  ‘You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any

  form’;

  1. e) for the avoidance of doubt, in relation to Licensed Data made available in hard copy form for

  members of the public to view, but not to take away, the obligation set out in paragraph

  9.1.2d) above shall not apply; and

  9.1.3 where the Customer makes Licensed Data available, either under this Appendix 3 or paragraph 1 of

  Appendix 4, by way of an API, the Customer will comply with the guidance set out at

  https://os.uk/documents/partners-secure/wfs-wms-guidance.pdfand such other guidance as is notified

  to the Customer or made available on the Website from time to time.

  10 Innovation End User Licensing

  10.1 The Customer is permitted to license Licensed Data to third parties, provided that:

  10.1.1 where the Customer makes available Licensed Data under this paragraph 10, it shall do so on the terms

  of the Public Sector Innovation Licence;

  10.1.2 prior to making available Licensed Data to any third party under the Public Sector Innovation Licence,

  the Customer will obtain (and retain records of) the names, addresses and email addresses of such third

  parties, together with the date of supply and details of the relevant Licensed Data;

  10.1.3 in making Licensed Data available under this paragraph 10, the Customer shall comply with the

  acknowledgement and watermarking obligations in paragraphs 9.1.1 and 9.1.2b);

  10.1.4 any Licensed Data made available under this paragraph 10 shall not be of a larger scale or area and shall

  not contain a larger number of features than is reasonable for it to fulfil its function;

  10.1.5 the Customer will monitor its Innovation End User Licensing activities and report the same to us, in

  accordance with reasonable guidelines issued by us from time to time; and

  10.1.6 to the extent that any Licensed Data includes Royal Mail Data, the terms of the Royal Mail PAF Solutions

  Provider Licence will apply.

  10.2 As stated in paragraph 2.3 above, in this paragraph 10, references to Licensed Data are limited to Data created by

  the Customer using Licensed Data and, for the avoidance of doubt, Licensed Data which has not been so created

  may not be licensed under a Public Sector Innovation Licence, as ‘background’ or otherwise.

   

  11 Competing Activities and Commercial Activities

  11.1 Nothing in this Appendix permits the Customer or any person to use the Licensed Data for any Commercial

  Activities or Competing Activities.

  11.2 Where we reasonably consider that the Customer’s proposed or current use of the Licensed Data is or is likely to be

  a Competing Activity or Commercial Activity, we may take such steps as we reasonably consider are necessary in

  relation to the Competing Activity or Commercial Activity. Such steps may include the action set out in paragraph

  11.3 below and/or suspending the licence granted under the Customer’s Sub-licence to the minimum extent

  necessary to prevent the Competing Activity or Commercial Activity. Where there is any dispute as to the existence

  of a Competing Activity, the decision of our Chief Executive as to the existence of a Competing Activity shall be final

  and conclusive.

  11.3 Where the Customer’s use of Licensed Data is or is likely to constitute a Competing Activity or a Commercial

  Activity, the Customer shall either:

  11.3.1 enter into a separate appropriate licence or Sub-licence; or

  11.3.2 amend its planned or current use of the relevant Licensed Data so as to resolve the problem identified to

  our reasonable satisfaction.

  11.4 The Customer shall indemnify us against all liabilities, damages, penalties, costs, expenses or other loss suffered or

  incurred by us in relation to any breach or alleged breach by us of competition law to the extent such loss results

  from the Customer’s breach of this paragraph 11. Nothing in the Customer's Sub-licence shall limit or exclude the

  Customer’s liability to us under this indemnity.

  12 Public Libraries

  12.1 Notwithstanding any other provision of this Appendix 3, a public library which is licensed for Licensed Use – Public

  Body under a Customer Sub-Licence shall be entitled to act in accordance with the guidance (as may be amended

  by us from time to time) contained at the URL https://www.ordnancesurvey.co.uk/documents/licensing/copymaps-

  public-libraries.pdf