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OS OpenSpace Developer Agreement

This Agreement is between you (referred to as ‘You’, ‘Your’, ‘Yourself’ or ‘Developer’) and the Secretary of State for Business, Innovation and Skills, acting through Ordnance Survey, whose principal place of business is at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS, UK (referred to as ‘Us’, ‘Our’, ‘We’ or ‘Ordnance Survey’).

Please read this Agreement carefully before You click ‘I Accept’. By clicking ‘I Accept’ You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not click ‘I Accept’.

Background:

A OS OpenSpace is a free to use service which allows You to build applications using the OpenSpace API and/or an OpenSpace SDK.

B Under this Agreement, Ordnance Survey agrees to supply the OpenSpace API to You under the terms of the open source licences set out at the following url or any replacement to such page from time to time: www.ordnancesurvey.co.uk//business-and-government/licensing/licences/os-openspace-developer-agreement.html

C Under this Agreement, Ordnance Survey also agrees to provide You with a unique API key to facilitate the access to Ordnance Survey Data.

It is agreed as follows:

1 Definitions and interpretations

Agreement means this OpenSpace Developer Agreement and its Schedules;

API Key means a unique alphanumeric identifier for use by You in any Application which facilitates access to the Ordnance Survey Data. For the avoidance of doubt, the API Key does not form part of the OpenSpace JavaScript Library (this is because the API Key is not being supplied to You by Us under an open source licence);

Application means an application(s) that You develop using the OpenSpace API which is designed to access and use the Ordnance Survey Data via the internet which must comply with the restrictions set out in Clause 4;

Caching means the automatic, immediate download and temporary storage of data, where such download and storage is an integral and essential part of a technological process, such storage to be no longer than 24 hours;

Data means any text, graphics, audio, visual (including still visual images) and/or audio visual material, software, applications, data, database content, or other multimedia content, information and material;

Derived Data means any and all Data that is created by You, or an End User, through Your development and use, and/or the End User’s use, of Your Application(s) and/or our website, which substantially reproduces and/or which is adapted, extracted, re-utilised, or derived directly or indirectly from Ordnance Survey Data. By way of example, but without limitation, Derived Data would include any Data created by You or an End User identifying the location or other attribute of any new feature directly using Our mapping or a feature already present in Our mapping and shall include Waypoints and User Generated Routes;

Device means a single computer (including hand held), or mobile or GPS device;

Developer Documentation means any look up tables, class and method documentation, code snippets and other documentation relating to the OpenSpace API and/or Ordnance Survey Data which We may supply or make available to You on an area of our website;

Effective Date means the date that You first click ‘I Accept’;

End User(s) means the end user(s) of Your Application;

End User’s Data means any Data that the End User displays or otherwise provides to Your Application , which the End User owns, or which the End User is licensed by a third party to use (under terms which are consistent with the End User Terms of Use). However, End User’s Data does not include Derived Data that End User creates pursuant to Clause 3.5.1 to this Agreement. By way of example, but without limitation, End User’s Data would include any independently sourced GPS trace plotted by End User on Your Application;

End User Terms of Use (Terms of Use) means the end user licence agreement between You and the End User(s), which shall contain the terms set out in Schedule 2;

Intellectual Property Rights or IPR means copyright, patent, trade mark, design right, database rights, trade secrets, know how, rights of confidence, broadcast rights and all other similar rights anywhere in the world whether or not registered and including applications for registration of any of them;

Login means Your email address, username, password, url of Your proposed Application, and any other registration details provided to Us by You from time to time which enable You to access and use certain features of our website, the OpenSpace API, the API Key and the Ordnance Survey Data;

Look-Up Services has the meaning set out in Schedule 1;

Open Source Software means the open source software which We supply to You as part of the OpenSpace API, which has been created by various contributors and which is licensed by such contributors (or their licensees) pursuant to various open source licences the terms of which are set out at the following URL or any replacement to such page from time to time: http://www.ordnancesurvey.co.uk/business-and-government/licensing/licences/open-source-software.html

OpenSpace API means the JavaScript application programming interface created by Ordnance Survey, which consists of the OpenSpace JavaScript Libraries and the Open Source Software as such may be amended from time to time, to allow developers to build Applications using Ordnance Survey Data and any developer tools from our website;

'OpenSpace SDK' means one of the mapping data software development kits created and made available by Ordnance Survey and licensed under an open source licence, the terms of which are located at the following url: https://github.com/OrdnanceSurvey;

Open Space JavaScript Library (Libraries) means a proprietary JavaScript library created by Ordnance Survey which We supply to You as part of the OpenSpace API, which is licensed by Us pursuant to the terms of the BSD open source licence, as such may be amended from time to time;

Ordnance Survey Data means Data owned by or licensed to Us (including as applicable Derived Data), a feed of which is made available via OS OpenSpace and which may be accessed and processed by the Application;

OS OpenSpace or OS OpenSpace Service means the services provided by Ordnance Survey by which You, and Your End Users, can access a feed of Ordnance Survey Data through the OpenSpace API;

Privacy Policy means Your privacy policy accessible by the End User through your Application setting out Your reasonable purpose for the collection and use of the End User’s e-mail address and all other necessary information in compliance with the Data Protection Act 1998;

Screen Shot means a screen shot, capture or grab of a complete page from the Application which includes a visible map image of Ordnance Survey Data. For the avoidance of doubt, the map image must not be hosted on a server or provided as a download;

Single User Basis means the grant of the right for the User Generated Route to be installed on one Device and access to the downloaded User Generated Route shall be limited to one End User solely for that End User’s personal, non commercial use;

Unacceptable Financial Gain means any payment, revenue, credit, or money’s worth received by, or accruing to, You (or an End User, or any third party connected to You or an End User) (directly or indirectly) for: (i) allowing End Users to access and use Your Application; (ii) displaying the Ordnance Survey Data (or Derived Data owned by Us) on Your Application, or any part of it; and/or (iii) using, or allowing End Users or other third parties to view, download, use and otherwise exploit, any Ordnance Survey Data (or Derived Data owned by Us);

Usage Limits means the restrictions and limits on use of the Ordnance Survey Data that may be imposed by Us, as set out in Schedule 1 as varied from time-to-time;

User Generated Routes means a course between a start location and a destination that is manually created by Developer or End User selecting and identifying a series of Waypoints on the Application, each of which Waypoints is joined by a straight line to the next Waypoint in the series in the order that a person would wish to travel;

Your Data means any Data that You display or otherwise provide in Your Application which You own, whether before or as part of the development of Your Application or which You are licensed by a third party to use (under terms which are consistent with the terms of this Agreement). However, Your Data does not include Derived Data You create pursuant to Clause 3.5.1;

Waypoint means a point of reference selected by an End User using Your Application , which consists merely of a set of coordinates that identify the point in physical space.

2 Registration and Provision of the OS OpenSpace Service

2.1 In order to access and use the OpenSpace API, API Key, Ordnance Survey Data, and also certain features of our website such as the discussion forums, You must register a Login. You shall not select or use a Login with the intent of impersonating another person or entity and shall keep Your Login confidential and shall not allow any other person to use such Login to access any part of the OpenSpace API, Ordnance Survey Data or our website. Once You have registered a Login, We shall provide You with the API Key and the OpenSpace API.

2.2 We may suspend our website and the provision of the OpenSpace API, the API Key, Developer Documentation and/or Ordnance Survey Data for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to You for any such suspension.

2.3 We reserve the right to make any changes to or to discontinue and/or modify any aspect or feature of the OpenSpace API, API Key, Developer Documentation, Ordnance Survey Data and/or our website, without notice to You.

3 Intellectual Property Rights and Licences

3.1 The Crown (or where applicable Our suppliers) owns the Intellectual Property Rights in

3.1.1 the API Key;

3.1.2 the Ordnance Survey Data;

3.1.3 the Developer Documentation;

3.1.4 the trade mark for OS OpenSpace; and

3.1.5 the OpenSpace JavaScript Library

and save as expressly provided below, nothing in this Agreement is intended to grant You any title, ownership or interest in any such IPR.

3.2 Subject to all the terms and conditions of this Agreement, for the sole purpose of creating, maintaining and delivering an Application We grant You a limited, non-exclusive, non-transferable, revocable, royalty free, licence for the term of this Agreement to:

3.2.1 install, run and use the API Key in Your Application to facilitate access to Ordnance Survey Data using the OpenSpace API;

3.2.2 use, print off copies and download extracts of the Developer Documentation to help You explore, understand and experiment with the Ordnance Survey Data and/or OpenSpace API and develop Your Application(s);

3.2.3 use the Ordnance Survey Data as part of Your Application solely in accordance with the Usage Limits;

3.2.4 use the trade mark OS OpenSpace in Your Application to signal that it has been built on and is powered by the OS OpenSpace service and Ordnance Survey Data; and

3.2.5 grant sub-licences to End Users to view, and use the Ordnance Survey Data as part of Your Application(s) on/from a Device, subject to the End User Terms of Use;

and all other rights relating to such IPR not expressly granted to You in this Clause 3 are reserved by Us and the Crown.

3.3 The OpenSpace JavaScript Library is licensed to You pursuant to the terms of the BSD open source licence. In the event of any conflict between the provisions in this Agreement and the terms of the BSD open source licence, the latter shall take precedence.

3.4 The Open Source Software is licensed to You pursuant to various open source licences, and the proprietary notices are set out therein. In the event of conflict between the provisions in this Agreement and the terms of the applicable open source licences, the latter shall take precedence.

3.5 Derived Data

3.5.1 You may create Derived Data, and You may permit End Users to create Derived Data, in connection with Your Application. In the event that You or any End User creates Derived Data, such Derived Data shall be owned by Us, save that if any Derived Data is created which is a severable improvement (as defined by Commission Regulation (EC) No 772/2004, known as the Technology Transfer Block Exemption) of the Ordnance Survey Data then such Derived Data shall be owned by the person or entity creating the same.

3.5.2 In respect of any Derived Data We own pursuant to Clause 3.5.1, then subject to all the terms and conditions of this Agreement, We hereby grant to You a non-exclusive, royalty free, paid up, personal licence, to: (i) display, use and store the whole or part of such Derived Data on and as part of the Application(s) You create (in accordance with the Usage Limits); (ii) grant sub-licences to End Users to view and use the whole or part of such Derived Data as part of Your Application(s) on a Device; and (iii) where such Derived Data is a User Generated Route and Waypoints, grant sub-licences to End Users to create, store, download and use such User Generated Routes and Waypoints as set out in Clauses 4.15.1 and 4.15.2; subject to the End User Terms of Use. Such licence will terminate immediately You and/or the relevant End User ceases to use the OS OpenSpace service to submit, post, create or display such Derived Data and/or this Agreement is terminated pursuant to Clause 6.

3.5.3 In respect of any Derived Data You or an End User owns pursuant to Clause 3.5.1, then for the period during which You, or an End User, submits, posts, or displays such Derived Data on an Application, You, or where relevant the End User, grants to Us a revocable, worldwide, royalty-free, and non-exclusive licence to use, display and distribute such Derived Data solely for the purpose of allowing Us to deliver the OS OpenSpace service to You and Your End Users. Such licence will terminate immediately You and/or the relevant End User ceases to use the OS OpenSpace service to submit, post or display such Derived Data and/or this Agreement is terminated pursuant to Clause 6.

3.6 You may incorporate and display Your Data on or as part of Your Application and permit End Users to submit, post and display End User’s Data in Your Application (both over and alongside the Ordnance Survey Data and Derived Data). In respect of Your Data, You (or where applicable Your suppliers) retain the Intellectual Property Rights in such Data and in respect of End User’s Data, We do not claim any ownership in such Data. However, for the period during which You incorporate and/or display Your Data on an Application or an End User submits, posts or displays End User’s Data on Your Application, You or where relevant End User shall grant to Us a revocable, world-wide, royalty-free, and non-exclusive licence to use, display and distribute Your Data or End User’s Data as applicable on Your, or where relevant End-User’s behalf, solely for the purpose of allowing Us to deliver the OS OpenSpace Service to You and End Users. Such licence will terminate immediately You and/or Your End User ceases to use the OS OpenSpace Service to submit, post or display Your Data and/or End User’s Data and/or this Agreement is terminated pursuant to Clause 6.

4 Conditions of Use

4.1 You shall not create, maintain or operate any Application that is or appears in the reasonable opinion of Ordnance Survey to be illegal, deceptive, misleading or unethical or otherwise may be detrimental to the reputation of Ordnance Survey or any person.

4.2 Your Application must not carry, nor be associated in any way with any advertising that, in the reasonable opinion of Ordnance Survey, may be (i) illegal, deceptive, misleading, unethical or otherwise inappropriate, or (ii) may be associated with any of the foregoing or otherwise inappropriate goods or services.

4.3 Subject to Clause 4.2, Your Application may:

4.3.1 carry advertising, including banner, and keyword advertising;

4.3.2 include promotional content (for example, advertising local events);

4.3.3 receive sponsorship support and/or business endorsement; and/or

4.3.4 solicit donations and resources in kind for charitable, non-profit making, community or volunteer groups or purposes;

and for the avoidance of doubt any payment, revenue, credit or money’s worth received by You, or an End User, or any third party used by, or connected to, You or an End User, as a result of or in connection with the activities set out in sub-clauses 4.3.1 to 4.3.4 does not constitute Unacceptable Financial Gain.

4.4 Your Application must not be undertaken for, or in connection with, nor must it result in any Unacceptable Financial Gain. For the avoidance of doubt, this means that You are not permitted (nor may You permit others to) charge End Users any subscription or other fee for accessing and using the whole or any part of Your Application or Ordnance Survey Data.

4.5 You may include Look-Up Services in Your Application solely in accordance with the Usage Limits.

4.6 You must ensure that:

4.6.1 a copy of the End User Terms of Use is made easily accessible to End Users through a hypertext link within the Application; and

4.6.2 a copy of Your Privacy Policy is easily accessible to End Users within Your Application and visible when each End User registers a username and/or password to use Your Application .

4.7 You may use one API Key across several Applications, but in the event that You do so, the Usage Limits shall be shared across all Your Applications. You are not permitted (nor may You permit others), to use more than one (1) API Key on any one Application.

4.8 You are not permitted (nor may You permit others), to register or use multiple API Keys across multiple Applications which in essence clone, duplicate or imitate the whole or part of each other. For the avoidance of doubt, Applications will be deemed to be cloned where in Ordnance Survey’s sole opinion there is no clear distinction between the website content and features.

4.9 You must not, (nor may You permit others to) copy, store, archive, modify, translate, create derivative copies of, publish or broadcast in any media, the Developer Documentation, in whole or in part.

4.10 You must not (nor may You permit others to) publish the Ordnance Survey Data on its own without combining it with appropriate additional information relating to, or emanating from, the Application.

4.11 You shall promptly and without unreasonable delay notify Us if You suspect or become aware of any breach by an End User of the End User Terms of Use, or any other infringement or breach of the Intellectual Property Rights in Ordnance Survey Data which might have occurred as a result of End Users or other parties gaining access to Ordnance Survey Data through Your Application and You shall give Us all reasonably required assistance in pursuing any such breach or infringement.

4.12 You shall:

4.12.1 not by Yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Ordnance Survey Data or Ordnance Survey or other practices which may be detrimental to Ordnance Survey Data, Ordnance Survey or the public interest;

4.12.2 not describe Yourself or allow Yourself to be described as an Ordnance Survey agent or representative or to act as such in any way; and

4.12.3 use Your best endeavours to take appropriate technological and security measures to ensure that the API Key, all Ordnance Survey Data and/or any Derived Data owned by Us that You hold or are responsible for are secure from unauthorised use or access and are only used in accordance with the terms of this Agreement.

4.13 You must ensure that your Application:

4.13.1 must be publicly accessible on the internet;

4.13.2 must not be restricted or protected, in whole or part by firewall or otherwise; and

4.13.3 must not operate only on an internal network.

4.14 Subject to Clauses 4.10 and 5.2, You may allow End Users to:

4.14.1 print a maximum of ten (10) paper copies, no greater than A4 (625 cm2) in size of any Screen Shot for the End-User’s personal or non-commercial use.

4.14.2 print more than ten (10) paper copies, no greater than A4 (625 cm2) in size of any Screen Shot for use in presentations given by the End User where the purpose is to provide a single copy of the Screen Shot to each participant of a presentation given by the End User.

For the avoidance of doubt, for all other publications of Screen Shots an appropriate licence is required.

4.15 Subject to Clause 4.15.1 below, You must not (nor may You permit others to) download, store, and/or archive the Ordnance Survey Data on to a Device, or otherwise, in whole or part save for Caching.

4.15.1 Subject to Clause 4.15.2 below, You may (and You may permit End Users to) use Your Application(s) to create Waypoints and/or User Generated Routes and allow such Waypoints and/or User Generated Routes to be stored on Your Application(s) and be viewed and/or downloaded by End Users to a Device on and for a Single User Basis.

4.15.2 End Users may only create, store, download and use Waypoints and/or User Generated Routes for their own personal, non-commercial, use on a Single User Basis.

4.16 You must not (nor may You permit others to) use the Ordnance Survey Data in any manner not expressly authorised by this Agreement.

5 Intellectual Property Rights Acknowledgement

5.1 You must ensure that appropriate acknowledgements of copyright and database right ownership are included in a conspicuous position in any reproduction of the Ordnance Survey Data, Derived Data and Developer Documentation, in any media, including, but without limitation, within any mapping image presented on screen. Any text acknowledgement must be 8 point or larger.

5.2 The appropriate acknowledgement is:

‘© Crown copyright and database rights [year] Ordnance Survey’ for large window screens; and

‘© Crown copyright 2013. Terms of Use’ for small window screens of 320 pixels or less in width.

5.3 You must ensure that the OS OpenSpace logo to include ‘powered by OpenSpace’ is included in a conspicuous position in Your Application and You must not (nor may You permit others to) tamper with or remove such trade mark.

5.4 You must not, (nor may You permit others to) tamper with or remove any copyright, trade mark, trade mark symbols, or other proprietary notices including without limitation the hypertext link to the End User Terms of Use or terms of any party contained within our website, Ordnance Survey Data, or Developer Documentation.

5.5 You must not under any circumstances use or apply for registration of any trade mark in respect of Our trade names or registered or unregistered trade marks or any part of them, nor use or apply to register any trade mark similar to or likely to be confused with any of them, nor register any domain name which is the same as, similar to or likely to be confused with any of Our trade names or registered or unregistered trade marks or domain names.

6 Term and Termination

6.1 This Agreement shall commence on the Effective Date shall continue until terminated with immediate effect by either party at any time giving written notice to the other party.

6.2 If We reasonably suspect that either the Ordnance Survey Data and/or any Derived Data owned by Us, API Key, Developer Documentation, our website, OpenSpace API or OS OpenSpace trade mark is being used by You or an End User in breach of this Agreement or the End User Terms of Use, as appropriate, or for an illegal or unauthorised purpose, We may elect to terminate this Agreement immediately with or without notice or take any action We deem necessary including freezing or deactivating Your use of the OpenSpace API, API Key, Developer Documentation, Ordnance Survey Data and/or our website.

6.3 Upon any termination of this Agreement the rights and licences granted to You and Us herein shall forthwith terminate and You shall cease all use of the API Key, Developer Documentation, Ordnance Survey Data and Derived Data.

6.4 Unless otherwise agreed in writing by Ordnance Survey (for example by You entering into another agreement with Ordnance Survey for the supply and/or use of Ordnance Survey Data), You shall, within thirty (30) days of termination of this Agreement, destroy and/or permanently erase all copies in Your possession custody and control of (a) the API Key; (b) the Developer Documentation; (c) the Ordnance Survey Data; and (d) any Derived Data; and shall procure that all End Users shall do the same.

6.5 Clauses 1, 2.2, 2.3, 3.1, 3.3, 3.4, 3.5.1, 4.11, 5.4, 5.5, 5.6, 6.3, 6.4, 6.5 and clauses 7 to 20 inclusive shall survive any termination of this Agreement.

7 Representations and Warranties

7.1 In respect of the Ordnance Survey Data, We warrant that We are authorised by the Controller of Her Majesty’s Stationery Office, who holds and exercises Crown copyright and other copyrights owned by Her Majesty, to grant licences to use such copyrights on the terms of this Agreement but We do not warrant that the Intellectual Property Rights subsist in, or that Her Majesty owns (either at all or free from encumbrances or licences), the Ordnance Survey Data and any condition, warranty or representation, whether express or implied, to the contrary is hereby excluded to the maximum extent permissible by law.

7.2 It is Your responsibility to ensure that OS OpenSpace and Ordnance Survey Data are fit for Your intended use or purpose. For the avoidance of doubt OS OpenSpace is provided AS IS. We exclude, to the fullest extent permissible by law and except as expressly stated in this Clause 7, all warranties, conditions, representations or terms, whether express or implied by common law, statute or otherwise including, but not limited to, any regarding the accuracy, compatibility, fitness for purpose, performance, satisfactory quality or use of OS OpenSpace, Ordnance Survey Data and any services We provide to You under or in connection with this Agreement.

7.3 In respect of Your Data, You hereby warrant to Us that You have all the necessary permissions and authorisations from the owners of any Intellectual Property Rights subsisting in Your Data to use, and to grant licences to use, such Intellectual Property Rights under the terms of this Agreement. You indemnify Us against any and all claims, liabilities or losses We may suffer as a result of or in connection with a breach of this warranty.

7.4 You hereby represent that You shall comply with all applicable local and foreign laws and regulations which may govern the use of the API Key, Ordnance Survey Data and OS OpenSpace trade mark and use the same only for lawful purposes and in accordance with the terms of this Agreement.

8 Limitation of Liability

8.1 Nothing in this Agreement shall have the effect of excluding or limiting the liability of either party for:

8.1.1 death or personal injury to the extent it results from negligence, or that of Your or Our employees or agents in the course of their engagement hereunder; or

8.1.2 fraud.

8.2 We accept no responsibility or liability whether in contract, tort (including negligence) or otherwise for any loss or damage of whatsoever nature arising from any use of the Ordnance Survey Data, or from any delay, interruption or failure of any electronic transmission of Ordnance Survey Data.

8.3 Subject to Clause 8.1, neither You nor we shall be liable to the other in contract, tort (including negligence) or otherwise for any direct, indirect, special or consequential losses or damages, (including any loss of profits, loss of business or loss of contracts) provided that neither this Clause 8 nor any other provision of this Agreement shall prevent Us from recovering from You all amounts lawfully due in respect of:

8.3.1 all infringements and breaches of Intellectual Property Rights by You, or any End User, or any third party who gains access to Ordnance Survey Data through Your Application; and

8.3.2 all infringements and breaches of the Data Protection Legislation set out in Clause 10.

8.4 Additionally You acknowledge that whilst the API Key and Ordnance Survey Data may be used in combination with any web application and other third party software, Ordnance Survey bears no liability, howsoever arising, for any loss, damage or cost that arises from a failure of the API Key and/or Ordnance Survey Data to integrate with Your web application and/or third party software.

8.5 In no circumstances shall Ordnance Survey be liable for any failure of any Application and You hereby indemnify Us against any liability We may have towards a third party arising out of Your use of our website, API Key and/or the Ordnance Survey Data.

8.6 You agree that because of the unique nature of the OS OpenSpace Service and our proprietary rights therein, a demonstrated breach of this Agreement by You would irreparably harm Us and monetary damages would be inadequate compensation. Therefore You agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement.

9 Events Outside anyone’s Control

9.1 Neither party shall be responsible for any delay or failure in carrying out obligations under this Agreement if the delay or failure is caused by circumstances beyond the reasonable control of the affected party. In such circumstances the affected party shall notify the other of any such likelihood as soon as possible. The affected party (or parties) shall be allowed a reasonable extension of time to carry out its obligations in these circumstances.

10 Data Protection

10.1 You shall comply in all respects with all current data protection legislation, including (without limitation) the Data Protection Act 1998 and any orders made or codes of practice issued under it and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the ‘Data Protection Legislation’).

10.2 If You provide Us with any personal data (as defined in the Data Protection Legislation), You warrant that such data was obtained and is supplied to Us in compliance with the Data Protection Legislation.

10.3 We shall retain and use any such personal data which You provide to Us to enable Us to meet Our obligations under the Agreement. In addition, We may pass such personal data to organisations working with Us to enable them to perform services for Us. We will process such personal data in accordance with the OS OpenSpace Data Protection and Privacy Policy.

11 Assignment, Subcontracting and Sublicensing

11.1 Except as provided in the Agreement, You are not entitled to license, assign, transfer or novate Your rights and/or obligations under this Agreement.

11.2 We shall be 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 any other 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.

12 Partnership, Joint Venture and Agency Excluded

12.1 Nothing in this Agreement or any circumstances associated with it or its performance gives rise to any relationship of agency, partnership or employer and employee between You and Us.

13 Entire Agreement

13.1 The parties agree that this Agreement and any documents referred to in it constitute the entire agreement and understanding between the parties concerning the subject matter of this Agreement. This Agreement supersedes all understandings, representations and agreements made between the parties concerning such subject matter. Without prejudice to any other Clause in this Agreement, any attempt by You to submit alternate terms and conditions, either as part of a purchase order or otherwise, subsequent to the parties entering into this Agreement, is hereby rejected. However, neither party seeks to exclude or limit liability for any fraudulent misrepresentations.

14 Changing the Terms of this Agreement

14.1 We reserve the right to make changes to this Agreement at any time with or without notice. We will generally post notification of the changes on our website. You can review the most current version of this Agreement at any time at http://openspace.ordnancesurvey.co.uk/openspace/developeragreement.html, or such other replacement url that We advise. If the changes are unacceptable to You then You may terminate this Agreement in accordance with Clause 6.1. If You do not terminate this Agreement in accordance with Clause 6.1 then Your continued use of OS OpenSpace shall indicate Your agreement to adhere to and be bound by the new terms and conditions.

14.2 We also reserve the right to release subsequent versions of the OpenSpace API and require You to obtain the most recent version. If a modification or update is unacceptable to You, then You may terminate this Agreement in accordance with Clause 6.1. If You continue to use the service rather than terminate this Agreement in accordance with Clause 6.1, You will be deemed to have accepted the modification or update.

15 Waiver

15.1 The waiving (which must be in writing and signed by an authorised representative of the relevant party) on a particular occasion by either party of rights under this Agreement does not imply that other rights shall be waived.

15.2 If a party has a right arising from the other party’s failure to comply with an obligation under this Agreement and delays in exercising or does not exercise that right, such delay in exercising or failure to exercise is not a waiver of that right or any other right.

16 Severability

16.1 Each term of this Agreement is a separate term and is intended to stand alone. Should any provision of this Agreement be held to be invalid or unenforceable, such provision shall be severed from the remainder of this Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law. In respect of such severed provision, the parties shall negotiate in good faith and shall each use their reasonable endeavours to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible validly gives effect to their intentions as expressed in this Agreement.

17 Further Assurance

17.1 The parties shall do and execute all such further acts and things as are reasonably required to give full effect to the rights given and the transactions contemplated by this Agreement.

18 Notices

18.1 Any notice required to be given for the purposes of this Agreement shall be given in writing by sending the notice by either email, prepaid first class post, recorded delivery, or by delivering it by hand.

18.2 Any notice shall be sent to the following address or other contact details:

18.2.1 for Us:

a) Contact: The OS OpenSpace Representative;

a) Address: Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS;

b) Telephone: 0845 605 0505;

c) Facsimile: 0845 099 0494;

d) Email: openspace@ordnancesurvey.co.uk

18.2.2 for You at the contact details which You have submitted to Us;

18.2.3 or such other contact details as either party shall notify to the other in writing.

18.3 Any notice sent by email shall be deemed to have been served on the next business day following sending, provided that electronic confirmation of the email having been opened has been received. Any notice sent by prepaid first class post or recorded delivery shall be deemed to have been served two (2) business days after posting. Any notice delivered by hand shall be deemed to have been served on the same day if received before 4 pm on a business day, or on the next business day if received after 4 pm.

19 Contracts (Rights of Third Parties) Act 1999

19.1 Apart from the Controller of Her Majesty’s Stationery Office 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 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.

20 Jurisdiction and Governing Law

20.1 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 in respect of any proceedings issued by either party in connection with this Agreement.

Schedule 1 Usage Limits

Tile Limits

1 A single API key shall only be able to access up to 65 000 mapping tiles in a given twenty-four (24) hour period. Depending on the Ordnance Survey dataset accessed, tiles may be either 200*200 or 250*250 pixels in size.

2 For the express avoidance of doubt, You must not create an Application which directly or indirectly enables any End User to increase the number of tiles accessible beyond that stated at paragraph 1 above.

Look-Up Services

3 Look-Up Services means a request for information relating to:

(i) a place name (referred to as a Place Name Look-Up);

(ii) a postcode (referred to as a Postcode Look-Up); or

(iii) an administrative boundary (referred to as a Boundary Look-Up).

4 A single API key shall be able to make up to 1000 requests to each of the three Look-Up Services referred to in paragraph 3 above in a given twenty-four (24) hour period.

5 If an API Key reaches the Usage Limit for any one or more of the three Look-Up Services, then the API Key shall still be able to make requests up to the other Look-Up Services which have not yet reached the Usage Limits.

6 For the express avoidance of doubt, You must not create an Application which directly or indirectly enables any End User to increase the number of Look-Up Services accessible beyond that stated at paragraph 4 above.

7 We reserve the right to change the Usage Limits at any time and apply flexibility in the application of them.

Schedule 2 End User Terms of Use (Terms of Use)

Your use of the Application is governed by this agreement between ‘you’ and the Developer (the ‘End User Terms of Use (Terms of Use)’) Please read these Terms of Use and ensure that you have understood them. If you do not agree to these Terms of Use, please immediately stop using the Application, including the Ordnance Survey Data.

Background

A The Developer has created an Application using the OpenSpace API and/or an OpenSpace SDK. The Application consists of, and allows you to access and use, a feed of Ordnance Survey mapping data via the use of a unique API key embedded in the Application.

B These Terms of Use govern your use of the Ordnance Survey Data and related services provided by Ordnance Survey through the delivery of the Application. These Terms of Use do not cover the Application itself or any content/data of the Developer or third parties, which shall be governed by the Developer’s own terms.

1 Definitions

‘Application’ means an application(s) developed by the Developer using the OpenSpace API which is designed to access and use the Ordnance Survey Data via the internet which must be publicly accessible on the internet and must not be restricted, in whole or part, by firewall or otherwise, nor operate only on an internal network;

‘Caching’ means the automatic, immediate download and temporary storage of data, where such download and storage is an integral and essential part of a technological process, such storage to be no longer than 24 hours;

‘Data’ means any text, graphics, audio, visual (including still visual images) and/or audio visual material, software, applications, data, database content or other multimedia content, information and material;

‘Derived Data’ means any and all Data that is created by you through your use of the Application(s) which substantially reproduces and/or which is adapted, extracted, reutilized or derived directly or indirectly from Ordnance Survey Data. By way of example, but without limitation, Derived Data would include any Data created by you identifying the location or other attribute of any new feature directly using Ordnance Survey Data or a feature already present in Ordnance Survey Data and shall include Waypoints and User Generated Routes;

‘Developer’ means the person or entity issuing the Application to the general public;

‘End Users’ means the persons using the Application including you; and ‘End User’ shall be construed accordingly;

‘End User’s Data’ means any Data that you display or otherwise provide to the Application which you own, or which you are licensed by a third party to use (under terms which are consistent with the terms of these Terms of Use). However, End User’s Data does not include Derived Data that you own pursuant to Clause 2.3(a). By way of example, but without limitation, End User’s Data would include any independently sourced GPS trace plotted by you on the Application;

‘Financial Gain’ means any payment, revenue, credit, or money’s worth received by, or accruing to the Developer, you (or any third party used by or connected to Developer or you) (directly or indirectly) for: (i) accessing and using the Application; and/or (ii) viewing, downloading, using or exploiting any Ordnance Survey Data (or Derived Data owned by Ordnance Survey);

‘Intellectual Property Rights or IPR’ means copyright, patent, trade mark, design right, database rights, trade secrets, know how, rights of confidence, broadcast rights and all other similar rights anywhere in the world whether or not registered and including applications for registration of any of them;

‘OpenSpace API’ means the JavaScript application programming interface created by Ordnance Survey to allow developers to build applications using Ordnance Survey mapping data (which consists of the OpenSpace JavaScript Libraries and various open source software), as such may be amended from time to time;

‘OpenSpace SDK’ means one of the mapping data software development kits created and made available by Ordnance Survey and licensed under an open source licence, the terms of which are located at the following url: https://github.com/OrdnanceSurvey;

‘Open Space JavaScript Library (Libraries)’ means a proprietary JavaScript library created by Ordnance Survey and supplied to the Developer as part of the OpenSpace API, which Ordnance Survey licenses pursuant to the BSD open source licence, as such may be amended from time to time;

‘Ordnance Survey Data’ means Data owned by or licensed to Ordnance Survey (including as applicable Derived Data), a feed of which is made available by OS OpenSpace, which may be accessed and processed by the Application;

‘OS OpenSpace or OS OpenSpace Service’ means the services provided by Ordnance Survey through which the Developer and/or End Users, can access a feed of Ordnance Survey Data through the OpenSpace API;

‘Screen Shot’ means a screen shot, capture or grab of a complete page from the Application which includes a visible map image of Ordnance Survey Data. For the avoidance of doubt, the map image must not be provided as a download.

‘User Generated Route’ means a course between a start location and a destination that is manually created by End User selecting and identifying a series of Waypoints on the Application, each of which Waypoints is joined by a straight line to the next Waypoint in the series and in the order that an End User would wish to travel; and

‘Waypoint’ means a point of reference selected by an End User using the Application, which consists merely of a set of co-ordinates that identify the point in physical space.

2 Proprietary Rights, Licence and Restrictions

2.1 Ownership of Intellectual Property

The Crown (or where applicable Ordnance Survey’s suppliers) owns the Intellectual Property Rights in the Ordnance Survey Data which is made available to End Users through and/or as part of the Application. The End User acknowledges and agrees that these Terms of Use conveys a limited right to use the Ordnance Survey Data and does not convey title or ownership to the Ordnance Survey Data to the End User.

2.2 Licence Grant

The Developer grants to End Users a personal, non-exclusive, non-transferable, licence solely for the End User’s own personal, non commercial use (terminable at will and without any right to sublicense) to:

a) request from Ordnance Survey’s server the Ordnance Survey Data and view, use, and display the same through and as part of the Application on/from a single computer (including hand held), or mobile or GPS device;

b) create Waypoints and/or User Generated Routes through and as part of the Application and view and download Waypoints and/or User Generated Routes on and to a single computer (including hand-held) or GPS device;

c) print:

i) a maximum of ten (10) paper copies no greater than A4 (625 cm2) in size of any Screen Shot for the End-User’s personal or non-commercial use.

ii) more than ten (10) paper copies, no greater than A4 (625cm2) in size of any Screen Shot for use in presentations given by the End User where the purpose is to provide a single copy of the Screen Shot to each participant of a presentation given by the End User.

provided that:

i) The OS OpenSpace logo and copyright acknowledgement form part of the map image; and

ii) The Screen Shot includes content emanating from the Application and is not solely a map image.

For the avoidance of doubt, for all other publications of Screen Shots, an appropriate licence is required.

2.3 Derived Data

a) In the event that any End User creates Derived Data, End User acknowledges and agrees that such Derived Data shall automatically be assigned immediately on creation to Ordnance Survey, save that if any Derived Data is created by any End User which is a severable improvement (as defined by Commission Regulation (EC) No 772/2004, known as the Technology Transfer Block Exemption) of the Ordnance Survey Data then such Derived Data shall be owned by the End User.

b) In respect of any Derived Data Ordnance Survey owns pursuant to Clause 2.3(a) above, then subject to all of these Terms of Use, but without prejudice to Clause 2.2(b), the Developer hereby grants End User a perpetual, non exclusive, royalty-free, paid up, personal licence to use and display such Derived Data as part of the Application used to create the same.

c) In respect of any Derived Data an End User owns pursuant to Clause 2.3(a) above, then for the period during which End User submits, posts, or displays such Derived Data on the Application, End User, or Developer (as the case may be), grants to Ordnance Survey a revocable, world-wide, royalty-free, and non-exclusive licence to use, display and distribute such Derived Data solely for the purpose of allowing: (i) Ordnance Survey to deliver the OS OpenSpace service to the Developer and End Users; and (ii) Developer to deliver the Application to End Users. Such licence will terminate immediately the End User and/or the Developer (as the case may be) ceases to use the Application to submit, post or display such Derived Data, and/or the Developer ceases to deliver the Application.

2.4 End User’s Data

In the event that End User submits, posts and displays End User’s Data in or to the Application:

a)Ordnance Survey does not claim any ownership in such End User’s Data. However, for the period during which End User submits, posts, or displays such End User’s Data on the Application, End User, or Developer (as the case may be), grants to Ordnance Survey a revocable, world-wide, royalty-free, and non-exclusive licence to use, display and distribute such End User’s Data solely for the purpose of allowing (i) Ordnance Survey to deliver the OS OpenSpace service to the Developer and End Users; and (ii) Developer to deliver the Application to End Users. Such licence will terminate immediately the End User and/or Developer ceases to use the Application to submit, post or display such End User’s Data, and/or the Developer ceases to deliver the Application;

b)End User hereby warrants to Ordnance Survey that End User has all the necessary permissions and authorisations from the owners of any Intellectual Property Rights subsisting in the End User’s Data to use and grant licenses to use such Intellectual Property Rights under these Terms of Use.

2.5 Restrictions

Except as expressly permitted under these Terms of Use, the licences granted in Clauses 2.2 – 2.3 above are subject to End User complying with the following conditions.

a) End User shall not submit, post or display any advertising that, in the reasonable opinion of Ordnance Survey, may be (i) illegal, deceptive, misleading, unethical or otherwise inappropriate, or (ii) may be associated with any of the foregoing or otherwise inappropriate goods or services on or to the Application;

b) End User shall not use the Application for, or in connection with, any Financial Gain;

c) Subject to Clause 2.2(b) above and Sub-Clauses 2.5(d) below, End User shall not download, store, and/or archive the Ordnance Survey Data, in whole or in part on to a single computer (including hand held), or mobile or GPS device, save for Caching;

d) End User shall not tamper with or remove any copyright, trade mark, trade mark symbol or other proprietary notice of Ordnance Survey or its licensors affixed to, or contained in the Ordnance Survey Data.

All rights and permissions not expressly set out in this Clause 2 are expressly excluded.

3 Limited Warranty; Disclaimer of Warranty

3.1 Exclusions

No warranty is given that the Ordnance Survey Data shall meet End User’s particular requirements, whether operationally, functionally, accurately or otherwise, or that the Ordnance Survey Data shall be suitable for the End User’s intended purpose or that operation of the Ordnance Survey Data shall be uninterrupted or error free. Under no circumstances shall Ordnance Survey or its licensors be liable for any loss or corruption of End User’s data.

3.2 Disclaimer of Warranties

Ordnance Survey and its licensors disclaim all warranties and conditions, either express or implied, with respect to the Ordnance Survey Data and further disclaim any warranty that the functions contained in the Ordnance Survey Data shall meet End User’s requirements or shall operate in combinations or in a manner selected for use by End User, or that the operation and/or provision of the Ordnance Survey Data shall be uninterrupted or error free.

4 Limitation of Liability

4.1 Limitation of Liability

Save in respect of death or personal injury to the extent it results from negligence or fraud, Ordnance Survey and its licensors disclaim all liability whether in contract, tort (including negligence) or otherwise for any loss or damage of whatsoever nature arising from any use of the Ordnance Survey Data or from any interruption or failure of any electronic transmission of Ordnance Survey Data.

4.2 Exclusion of Consequential Damages

Under no circumstances shall Ordnance Survey and its licensors be liable (i) for costs of procurement of substitute products by End User; and (ii) in contract, tort (including negligence) or otherwise for any direct, indirect, special or consequential losses or damages, or any loss of profits, loss of business or loss of contracts.

4.3 Remedies of Ordnance Survey

Ordnance Survey and/or its licensors may directly recover from the End User all amounts lawfully due in respect of any breaches of these Terms of Use by the End User (including but without limitation a breach of Clause 2.4) which cause Ordnance Survey to suffer loss or damage.

5 Data Protection

5.1 Data Protection

The Developer shall protect the End User’s personal data in accordance with all applicable legislation.

6 Termination

6.1 Termination

The Developer has the right to terminate End User’s use of the Application and/or the Ordnance Survey Data (but not the Derived Data owned by the End User pursuant to Clause 2.3(a)) immediately on notice to the End User. On termination of these Terms of Use, the licences granted to the End User herein shall terminate immediately and the End User shall take all steps reasonably possible to return or destroy the relevant Ordnance Survey Data.

7 Other Terms

7.1 Compliance with Laws

The End User shall comply with all applicable local and foreign laws and regulations which may govern the use of the Ordnance Survey Data and use the Ordnance Survey Data only for lawful purposes and in accordance with these Terms of Use. End User acknowledges that the Developer and its licensors exercise no control whatsoever over the Ordnance Survey Data and that it is the sole responsibility of End User to ensure that any content End User transmits and receives by means of the Application and/or the Ordnance Survey Data complies with all applicable laws.

7.2 Survival

Clauses 1, 2.1, 2.3(a), 2.4(b), 3, 4, 7.2 and 7.3 inclusive shall survive termination of these Terms of Use for any reason.

7.3 Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts in respect of any proceedings issued by any party in connection with these Terms of Use

Related pages

OS OpenSpace API enables you to display quality Ordnance Survey maps (with optional boundaries) in web applications and and overlay your data on them.

Find out more about Ordnance Survey innovation and how you can get the most from using OS OpenSpace products to support new ideas and creative work.

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