The Licensee accepts the terms of this Licence Agreement by accessing the data supplied with this document. It is agreed as follows:
The Data is held by the UK Centre for Ecology & Hydrology (UKCEH). Your use of information provided by the UKCEH is at your own risk
Please read this warning about the limitations of the Data:
The Data has been generated during the on-going Floods and Droughts Research Infrastructure (FDRI) Project and has not been validated, finalised, peer-reviewed or formally published and as such it is subject to change and the Licensor does not give any warranty as to its accuracy or completeness.
"Data" means the pre-publication FDRI dataset(s) supplied with this Licence Agreement.
"Internal Business Use" means use of the Data within your organisation to support your organisation’s activities.
"You" or “Licensee" means either (a) an individual accepting the terms of this licence on their own behalf, or (b) a corporate entity or research institute on whose behalf those terms are accepted.
“UKCEH” or "Licensor" means UK Centre for Ecology & Hydrology (Company number 11314957), whose registered office is at Maclean Building, Benson Lane, Crowmarsh Gifford, Wallingford, Oxfordshire, OX10 8BB
“Parties” means the Licensor and the Licensee.
"Personal Use" means use by You where You are acting on your own behalf.
The Licensor grants to The Licensee a non-exclusive, non-transferable, royalty free licence to use the Data, providing the use falls within the permitted use set out below and for no other purpose. Your licence does not permit You to sub-license for any purpose.
3.1 Where You are an individual Licensee, You may use the Data for your own Personal Use.
3.2 Where You are not an individual Licensee, You may use the Data for Internal Business Use.
3.3 You may compile and disseminate publications and reports and give presentations, which are based upon the whole or any part of the Data, to third parties, including on your internet site and to third party internet sites.
4.1 You may not make the Data available on any internet site.
4.2 You may not use the Data in connection with any tender where such use will provide the tenderer with a competitive advantage resulting in financial profit or gain.
4.3 You may not build products or services for commercial gain based either wholly, or in part, on the Data.
4.4 You may not sell, sublicense or otherwise distribute the Data to a third party except with the prior written consent of the Licensor.
4.5 You may not sell, sublicense or otherwise distribute products based either wholly, or in part, on the Data to a third party, except as permitted in Clause 3.3. 4.6 You may not assign or transfer this Licence Agreement or any rights under it except to a legal successor of the Licensee.
5.1 In any publications or reports arising from use of the Data, You undertake to acknowledge the Data owner as stated in Clause 6.
5.2 You undertake to store the Data in such a way that they can be accessed and used only in accordance with the terms of the Licence Agreement.
5.3 You undertake to ensure that all persons to whom You make the Data accessible are aware of the limitations placed upon the use of the Data by this Licence Agreement, and ensure that such persons comply with all the restrictions placed upon the use of and access to the Data as set out in this Licence Agreement.
6.1 For use of the Data in scientific and/or academic publications, accepted scientific referencing conventions will apply and You will act reasonably in carrying out such referencing.
6.2 Ownership and acknowledgement of the Data are as specified in the FDRI Licensing and Data Use web page https://digital-platform.fdri.org.uk/licences .
6.3 The correct acknowledgement and copyright notice (where applicable) for the Data shall, unless otherwise stated, be used on all copies of the Data, publications and reports, including but not limited to, use in presentations to any audience.
7.1 The Licensor gives no warranty as to the accuracy or completeness of the Data.
7.2 The Licensor does not warrant that the Data will meet your requirements. This licence agreement does not affect your statutory rights.
8.1 All guarantees, representations and warranties of any kind, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or ability to achieve a particular result are hereby excluded, so far as such exclusion or disclaimer is permitted under the applicable law. You assume the entire risk as to the quality and performance of the Data. Should the Data prove defective, You (and not the Licensor) assume the entire cost of all necessary servicing or correction.
8.2 In no event shall the Licensor be liable for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever arising out of the use of or inability to use the Data, even if the Licensor has been made aware of the possibility of such damages.
8.3 The Licensor accepts no liability for any loss or damage which may be caused by the condition of the file in which the information is provided and the Licensee is expected to operate suitable anti-virus software before loading it into its computer system. The Licensee is also responsible for ensuring that the form of the information received is compatible with its computer system and any other data with which the information is to be used.
8.4 Nothing in this Licence Agreement shall exclude or limit the liability of the Licensor or the Licensee for fraudulent misrepresentation or for death or personal injury resulting from the negligence of the Licensor or the Licensee.
9.1 The Licensor and the Licensee shall each comply with the Data Protection Act 2018 and UK GDPR, which has the meaning given to it in section 3 of the Data Protection Act 2018, and all other directly applicable legislation in force from time to time governing its use of information relating to an identified or identifiable natural person (‘Personal Data’) in connection with the exercise and performance of its respective rights and obligations under this licence agreement. If the Parties deem it necessary to share any Personal Data under this licence agreement, then the Parties shall put in place an appropriate data sharing agreement for this purpose.
10.1 The Licensor may terminate this Licence Agreement by providing the Licensee with 30 days notice of such termination.
10.2 The intention is to publish the Data under Open Government Licence (OGL) terms. Within 30 days of the date that the Data is published under OGL, this licence agreement will terminate.
10.3 The Licence Agreement will terminate automatically if any of its terms are breached by the Licensee or the Licensor.
10.4 Upon termination all rights You have to use the Data will cease and You must destroy or delete the Data (including partial or modified versions and datasets derived from the Data) and all copies from all storage media in your control.
Clauses 1, 7, 8, 10.4 & 13 will survive termination of this agreement
If any provision of this licence agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this licence agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This licence agreement is the entire agreement between Parties relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between Parties relating to that subject matter.
This agreement shall be governed by and construed in accordance with English law and the Parties submit to the exclusive jurisdiction of the English courts.
A person who is not party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act