All terms used have their normal everyday meaning unless otherwise stated.
These ToU will constitute the sole contractual agreement between The Forestry Commission and the user for the Non-Commercial use of its Data.
For further information about the use of the Data please contact the Forestry Commission’s Mapping and Geodata Unit whose details are provided at the end of this ToU.
1. Using the data
Unless the Data contains, or is derived (in whole or in part) from, third party data the Data may be Used free of charge for Non-Commercial purposes by individuals or organisations. Where the Data contains, or is derived (in whole or in part) from, third party data to which the Forestry Commission holds a licence there may be additional constraints placed on your ability to use such data as described in Clause 3.
The Forestry Commission does not normally issue licences for Non-Commercial use unless the information is sensitive; however these ToU will apply to the use of its Data.
Non-Commercial Any purpose that is not Commercial.
Commercial - Any Use of the Data, or the provision or receipt of a Service, that involves making a Financial Gain. The Forestry Commission's definition of Commercial applies to organisations regardless of whether they are commercial or non-commercial (eg charitable).
Financial Gain - Where there is a revenue or credit above any reasonable costs that incurred in making available or supplying a copy of the Data. This includes activities making use of the Data that leads to, or was intended to lead to, income-generating work in any way whatsoever.
Use - View, disclose, reproduce, prepare derivative works, distribute copies, quote or review.
Data - The data, documents or information (not including logos) made available by the Forestry Commission.
Service The supply of data, documents, information, products, advice or services which incorporates or makes use of the Data.
Examples of Non-Commercial use:
• Private study, research, criticism, news reporting and review.
• The supply of Services where there is no Financial Gain to the provider or recipient, e.g. voluntary work.
• A public body responding to enquiries under the Environmental Information Regulations (EIR), the Freedom of Information Act (FOI), the Data Protection Act (DPA) or other statutory instruments.
2. General Terms
(i) Nothing in these ToU will in any way restrict your statutory rights of access to and use of the Data supplied.
(ii) By using the Data supplied you are accepting these ToU in full.
(iii) You may continue to use the Data for either a period of 1 (one) year or, if the Data contains derived data for which the licence expires sooner than one year, until this derived data licence expires.
(iv) The Forestry Commission reserves the right to terminate this agreement for the Non-Commercial use of its Data at any time. In the event of termination you shall cease to use the Data, and if we request you shall immediately either return or destroy the Data and provide us with confirmation of the action you have taken.
(v) The Data is subject to copyright protection under the Copyright Designs and Patents Act 1988.
(vi) Any product derived from or incorporating the Data must include the following statement: “Contains, or is based on, information supplied by the Forestry Commission.” If the Data is derived from or includes third party data supplied by the Forestry Commission additional third party statements may also be required (see below).
(vii) The Data must be re-used accurately and not in a misleading context.
(viii) The Data has not been prepared to meet individual requirements. It is your responsibility to ensure that the Data meets your needs.
(ix) The Forestry Commission shall not in any event be liable for any loss of Data or profits or any loss of or interruption to business caused by use of this Data. The Forestry Commission does not attempt to exclude any liability that cannot legally be excluded.
(x) The Forestry Commission cannot guarantee that the Data is free of defects and you should undertake appropriate checks before use. If the Data has been supplied in an electronic format you should check it for viruses and other issues that may affect your computer.
(xi) The Forestry Commission cannot confirm that the Data in its possession will always be accurate, complete, up-to-date or valid. The Forestry Commission will take reasonable care to ensure that you are provided with an accurate copy of the Data from our records.
(xii) The Forestry Commission will not allow use of the Data in internet mapping services such as Google Earth/Maps, Yahoo Maps or Microsoft Virtual Earth without prior consent.
(xiii) You may pass the Data on to third parties for their non-commercial use providing the Data is accompanied by a link to these ToU.
3. Derived Data
The Data may contain, or be derived (in whole or in part) from, third party data to which the Forestry Commission holds licence; the third party data supplier often retains rights in the Data. If this is the case the Forestry Commission will endeavour to inform you (at the time of supply) of third parties that retain rights to the Data, the appropriate third party specific terms will then apply which may be more restrictive than those applying to Forestry Commission owned Data. However, the Forestry Commission accepts no liabilities for any failure to provide a notice of such third party retained rights.
The Forestry Commission confirms it has the right to issue the following third party data licences/terms:
(i) If the Data contains or is derived in whole or in part from Ordnance Survey data the terms of the Ordnance Survey End User Licence (Annex A) will apply. The following statement should be added to all products:
For English, Welsh or GB datasets: “Contains, or is derived from, information supplied by Ordnance Survey. © Crown copyright and database right [insert year of supply]. All rights reserved. Ordnance Survey Licence number 100022021.”
For Scottish datasets: “Contains, or is derived from, information supplied by Ordnance Survey. © Crown copyright and database right [insert year of supply]. All rights reserved. Ordnance Survey Licence number 100021242.”
If you intend to incorporate Ordnance Survey base or derived data that has been separately sourced you should add the licence numbers for each source of data to the above statement.
4. Governing Law:
The validity, construction and performance of these ToU shall be governed in Scotland by Scots law and the parties submit to the exclusive jurisdiction of the Scottish Courts and in England and Wales shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
5. Contact Details:
Mapping & Geodata
231 Corstorphine Road
Tel: 0131 334 0303
The Ordnance Survey End-user Licence
By using the data supplied you, the End User, agree the following in consideration for your being permitted to use the data supplied under this Licence:
The ‘Parties’ to this licence are:-
‘Licensor’: Forestry Commission
‘End-user’: You being the End User
Commercial Purposes means any purposes which involve Financial Gain.
Competing Activity means an activity that has been determined as a competing activity, or is in the process of being reviewed, pursuant to the terms of the licence between the Supplier and the Licensor.
Financial Gain means any revenue or credit received which exceeds the incremental costs of supplying or making available to a recipient any copy of any Supplied Data (to the extent it incorporates the Supplier’s intellectual property rights or those licensed by the Supplier). Financial Gain does not include any receipts of Statutory Charges.
End-user Purpose means the purpose described in Schedule 1B to this End-user Licence or if Schedule 1A has not been completed, the purpose communicated by the Licensor to the End-user at the time that the Supplied Data has been made available to the End-user or from time to time.
Statutory Charge means charges which the Licensor or End-user is expressly permitted to charge pursuant to a statute or act of the Parliament of Great Britain and Northern Ireland or of the Scottish Parliament or a statutory instrument or other delegated legislation.
Supplied Data means the data provided by the Licensor to the End-user as set out in Schedule 1A.
Supplier means the Secretary of State for Communities and Local Government acting through Ordnance Survey, whose principal place of business is at Romsey Road, SOUTHAMPTON, UK, SO16 4GU.
Term means the period required to fulfil the End-user Purpose, which shall under no circumstances exceed the duration of the licence between the Supplier and the Licensor.
Use means viewing whether in electronic or paper form, including printing or making paper copies only to enable the End-user to undertake the End-user Purpose and issuing or returning copies to the Licensor and Using shall have an equivalent meaning.
Working Day means any day other than a Saturday, Sunday or public holiday in England, Wales or Scotland.
3.1 The Licensor now grants to the End user a non-exclusive, non-transferable, revocable licence (revocable pursuant to the terms of this End user Licence) to Use Supplied Data for the End user Purpose for the Term.
3.2 This Licence is limited specifically to the rights granted above and subject to the obligations set out in the remainder of this Licence, in particular the End user’s obligations set out in clause 3. This Licence allows the End user personally (not any affiliated body or group) to use Supplied Data only to the extent required for the End user Purpose, but does not allow the End user to use Supplied Data for Commercial Purposes and/or any Competing Activity.
3.3 The Licensor may terminate this Licence (or part of the Licence relating to such Supplied Data as the Licensor may specify) forthwith for any reason by giving written notice to the End user. On termination the End user shall deliver to the Licensor all copies of the Supplied Data in its possession, custody or control.
4 End user’s Obligations
4.1 The End user shall Use the Supplied Data exclusively for the End user Purpose and for no other purpose.
4.2 The End user shall ensure that:
(a) any copy protection measures are not altered;
(b) any watermarks and acknowledgements included on the Supplied Data and on any paper copies produced are not altered;
(c) the Supplied Data is used only for the End user Purpose;
(d) the Supplied Data is not copied, adapted, varied or modified except to the extent and only to the extent to which any of those acts are expressly permitted by this Licence; and
(e) the End user does not use the Supplied Data for Commercial Purposes and/or for a Competing Activity.
4.3 The End user shall ensure that the trade marks contained in the Supplied Data or any other Licensor materials supplied with, or in addition to, the Supplied Data are not altered, obscured, removed or added to.
4.4 The End user shall take all reasonable steps to prevent unauthorised use and exploitation of Supplied Data by any person, including, without limitation, its employees.
4.5 The End user shall notify the Licensor and Supplier as soon as reasonably practicable should it become aware of any unauthorised use of the Supplied Data. The End user shall, at the cost and expense of the End user, provide all reasonable assistance to the Licensor and the Supplier in the pursuit of any remedy in relation to any such unauthorised use or breach of licence and the Licensor and Supplier shall have absolute discretion with regards to what action to take.
5 Entire Agreement
5.1 This Licence, including its Schedules and all documents which are required by its terms to be entered into by the Parties, sets out the entire agreement between the Parties in connection with the subject matter of this Licence and supersedes all prior oral or written agreements, arrangements or understandings between them.
5.2 The Parties acknowledge that they have not entered into this Licence in reliance upon any warranty, representation, covenant, undertaking, agreement, term or condition which is not set out in this Licence.
5.3 Without prejudice to clauses 4.1 and 4.2 above, the Parties irrevocably and unconditionally waive any right they may have to claim damages and/or to rescind this Licence for any misrepresentation whether innocent or negligent whether in delict, under the Misrepresentation Act 1967 or otherwise or for any breach of any warranty not contained in this Licence unless such misrepresentation or warranty was made or given fraudulently.
6.1 Subject to clause 5.2, nothing in this Licence shall make the Licensor liable in contract, delict or tort (including without limitation of negligence, pre-contractual or other representations) or otherwise arising out of or in connection with this Licence for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential losses in any case whether or not such losses were within the contemplation of the parties at the date of this Licence.
6.2 Nothing in this Licence shall exclude or limit liability of a Party for death or personal injury resulting from the negligence of that Party or its servants, agents or employees or for fraudulent misrepresentation.
6.3 The Licensor excludes any warranty that the Supplied Data is fit for any particular purpose.
6.4 Subject to clause 5.2, the Licensor’s total liability in this Licence in aggregate shall not exceed the sum paid by the End user for the Supplied Data or £50, whichever is the greater.
7.1 The End user shall indemnify and keep indemnified the Licensor and/or the Supplier against all their liabilities and losses and all demands, liabilities, claims made, or proceedings brought, against the Licensor and/or the Supplier in respect of any loss or damage and against all costs and expenses reasonably incurred in dealing with or in settling such demands, liabilities, claims or proceedings arising from the breach of any provision of this Licence by the End user except to the extent that any such liability is directly attributable to any negligent act of the Licensor.
7.2 The Licensor shall notify the End user as soon as practicable and in any event within 10 Working Days of any demand or claim made, or proceedings brought against the Licensor in respect of any relevant loss or damage.
8 Assignment and Sublicensing
8.1 Neither Party may assign any of its rights or obligations or the benefit of all or part of this Licence without the prior written consent of the other Party.
8.2 Except as expressly permitted by this Licence, the End user may not sub-license any of its rights or the benefit of all or part of this Licence without the prior written consent of the Licensor.
9 Contracts (Rights of Third Parties) Act 1999
9.1 For the Purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999 the parties state that they do not intend any term this Licence to be enforced by any third parties other than the Controller of Her Majesty’s Stationery Office and/or the Supplier who may enforce the terms of the Licence directly against the End User. For the avoidance of doubt, neither Ordnance Survey and/or the Controller of Her Majesty’s Stationery Office shall be required to consent to any amendment to this licence, provided that such amendments do not diminish Ordnance Survey’s or the Controller of Her Majesty’s Stationery Office’s rights to enforce, or benefit from, the terms of this Licence.
10 Jurisdiction and Governing Law
10.1 The validity, construction and performance of this Licence shall be governed in England and Wales shall be governed by English law and the parties submit to the exclusive jurisdiction of the English