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.