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Publishing Licence terms and conditions

1 General

This licence is for persons who wish to reproduce a single publication which contains Ordnance Survey Mapping either on paper or as an electronic image of a paper copy which is then stored on another medium for distribution purposes only. For the avoidance of doubt, if you wish to acquire any Ordnance Survey Mapping from Ordnance Survey for the purposes of your publication then this will be subject to another licence or contract with Ordnance Survey.

2 Definitions

2.1 In this Licence the following words shall have the meanings set out below:

Aerial Photograph

means one of the collection of vertical monochrome photographs held by Ordnance Survey which, for the avoidance of doubt, do not form part of the OS MasterMap® Imagery Layer dataset.

Copy

means each individual copy of the same Publication.

Crown Copyright

has the meaning set out in the Copyright, Designs and Patents Act 1988, as the same may be amended or replaced from time to time.

Discount

means all or any applicable discount(s) described in Part 2 of the Appendix.

Educational Publication

means a Publication which is determined by Ordnance Survey, in its sole discretion, to be produced solely for the purposes of teaching or use by students in schools or further education.

Facsimile Mapping

means the reproduction of any Ordnance Survey Mapping within a Publication which is in the sole discretion of Ordnance Survey the same or similar in style and appearance as the original albeit that some alterations or additions (which shall include changes in the scale or the colours) have been made. For the avoidance of doubt, any Ordnance Survey Mapping which is not Redrawn Mapping shall be considered to be Facsimile Mapping for the purposes of this Licence.

Licence

means this document.

Licence Fee

means the Reproduction Charges in respect of all Copies of the Publication less any applicable Discounts.

Ordnance Survey Mapping

means original published editions of Ordnance Survey maps in which Crown Copyright subsists published by Ordnance Survey or by another publisher (although these may not look like maps published by Ordnance Survey itself) but which show or should show the acknowledgment of the Ordnance Survey Crown copyright. Please note that where another publisher Publishes Ordnance Survey Mapping a licence from that publisher may also be required in order for you to Publish. The licence from the other publisher may include the relevant Licence Fee payable to Ordnance Survey and you will be informed if this is the case. In this Licence the term Ordnance Survey Mapping shall include Aerial Photographs unless it is expressly stated otherwise.

Publication

means the publication described in the Schedule to this Licence which may be either for sale or distributed free of charge. This may include, but is not limited to, books, newsletters, leaflets, brochures, catalogues, journals, cycle leaflets and rally event publications. This does not include any reprints, reissues or further editions.

Publishing

means the reproduction of Ordnance Survey Mapping on paper or as an electronic image of a paper copy which is then stored on another medium (for distribution purposes only). Notwithstanding the foregoing you will only be permitted to reproduce Ordnance Survey Mapping as an electronic image where the electronic image is supplied in Raster Format and is ‘read only’ and cannot be edited, manipulated, interrogated, geo referenced or customised in any way or used within any geographical information system or other comparable database or software system. The word Publish shall be construed accordingly.

Raster Format

means the representation of mapping composed of individual pixels (the smallest discernable element of such mapping) where the information stored within each pixel corresponds to the colour of that pixel only and such information is not referenced to the information within any other pixel.

Redrawn Mapping

means Ordnance Survey Mapping which is substantially or entirely redrawn to your own specification which are not recognisable in style or appearance as the original Ordnance Survey Mapping copied.

Reproduction Change

means the charges set out in Part 1 of the Appendix.

You, your, or the Licensee

means the licensee under this Licence.

2.2 All references to the singular in this Licence shall include the plural and any reference to a gender shall include both genders.

3 Licence

3.1 This Licence shall be effective on the earliest in time to occur of (i) you signing and returning an original of this Licence to Ordnance Survey, (ii) the payment of the invoice relating to the Licence Fee or (iii) the printing of your Publication. On issue of the licence number to you, Ordnance Survey grants you the non-exclusive right to incorporate Facsimile Mapping and/or Redrawn Mapping in your Publication and to Publish your Publication on the terms and conditions set out in this Licence. This Licence does not entitle you to make any other use of Ordnance Survey Mapping.

3.2 You shall pay a Licence Fee in respect of each Publication which will be calculated on the amount of Facsimile Mapping or Redrawn Mapping in your publication and the number of Copies of your Publication printed. The prices used in the calculation of the Licence Fee are set out in Appendix to this Licence but each Licence Fee is subject to a minimum of forty-seven pounds sterling and fifty pence (£47.50). The Licence Fee is payable within thirty (30) calendar days of the date of the invoice from Ordnance Survey which invoice will be sent to you with this Licence. The Licence Fee does not include VAT and you shall be responsible for paying this. If you fail to pay the amounts due within the time specified above then Ordnance Survey shall be entitled to charge you interest on any unpaid amount at a rate of two per cent (2%) above the base lending rate of the Bank of England.

3.3 Ordnance Survey reserves the right to waive any Licence Fee payable in the case of Publications where the size of Ordnance Survey Mapping used in the Publication is A7 (78 cm2) or less in size. A waiver will only be considered where the Publication (i) is for use in a paper publication, (ii) is not made by a business for use in connection with that business, (iii) is not made for commercial purposes and (iv) is restricted to no more than 1 000 copies (which shall include any reprints, reissues or further editions).

3.4 No Licence Fee shall be payable on Publications that contain Redrawn Mapping at a scale of 1:1 000 000 or smaller reproduced from 1:1 000 000 scale Ordnance Survey Mapping provided that such Redrawn Mapping is no greater in terms of specification than the Ordnance Survey MiniScale® dataset.

3.5 There will be no refund of all or any part of the Licence Fee in the event that you do not sell or distribute all Copies of your Publication.

3.6 No scanning of any Ordnance Survey Mapping in paper form shall be permitted where such Ordnance Survey Data is available in an electronic format other than where the scanning is taking place in order to store the Facsimile Mapping or Redrawn Mapping on another medium to allow distribution of such mapping in that format as may otherwise be permitted by this Licence.

4 Restrictions relating to Facsimile Mapping

4.1 In the case of Facsimile Mapping, the total area of Ordnance Survey Mapping which may be copied is:

4.1.1 A4 (625 cm2) where you are copying extracts from 1:25 000 Scale Colour Raster, 1:50 000 Scale Colour Raster, Explorer™, Landranger®, Outdoor Leisure™, Pathfinder®, Touring Maps, Travel Maps and Travelmaster® Ordnance Survey branded products; or

4.1.2 A3 (1250 cm2) where you are copying from any other Ordnance Survey Mapping whether Ordnance Survey branded or otherwise.

Where the Ordnance Survey Mapping is less than forty-five per cent (45%) of the total content (which includes both text and pictorial content including all Facsimile Mapping and Redrawn Mapping) of your Publication and no individual map extract in your Publication is larger than A3 (1 250 cm2) in size you may exceed the restriction of the total area which may be copied set out in Clause 4.1.1 above provided that not more than one map extract from one Ordnance Survey branded paper product (including, without limitation, paper products in the Explorer, Landranger, Outdoor Leisure, Pathfinder, Touring Maps, Travel Maps and Travelmaster series) is used in a Publication.

4.2 You shall:

4.2.1 not use Ordnance Survey Mapping in any Publication which is offensive, defamatory, or otherwise infringes acceptable standards of taste and decency;

4.2.2 not at any time conduct your business in a manner which would reflect unfavourably on Ordnance Survey Mapping and on the good name and reputation of Ordnance Survey;

4.2.3 not either yourself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of Ordnance Survey Mapping or Ordnance Survey or other practices which may be detrimental to Ordnance Survey Mapping or Ordnance Survey;

4.2.4 at all times display, demonstrate and otherwise represent Ordnance Survey Mapping fairly in comparison with competitive products from other suppliers contained or utilised within the Publication.

5 Aerial Photographs

The Licence Fee applicable for the inclusion of Aerial Photographs in a Publication will be calculated in the same way as that in respect of Ordnance Survey Mapping. For these purposes only the definition of Facsimile Mapping shall be deemed to mean an exact copy of the photograph or any part thereof and the definition of Redrawn Mapping shall be deemed to mean any map or other image substantially or entirely redrawn to your own specification using the Aerial Photograph.

6 Intellectual Property Rights

You shall not use the name Ordnance Survey or any other registered or unregistered trademarks of Ordnance Survey other than the use of the name Ordnance Survey in the copyright acknowledgement below.

6.1 Copyright Acknowledgement

All Ordnance Survey Mapping is protected by Crown copyright. You hereby acknowledge that any and all unauthorised use of Ordnance Survey Mapping is an infringement of such copyright. You must ensure that appropriate acknowledgements of copyright ownership are included in a conspicuous position in all copies of Ordnance Survey Mapping. Any text acknowledgement must be 8 point or larger. The appropriate notation for all copies of Ordnance Survey Mapping is:

‘© Crown copyright [year of supply or date of publication] Ordnance Survey [licence number]’

6.2 Trade mark Acknowledgement

If necessary, you shall ensure that the name Ordnance Survey and any other trade marks must show the appropriate trade mark notation and shall not tamper with or remove any trade mark symbols or notices.

6.3 Notification of intellectual property right infringements

If you become aware of any infringements of Ordnance Survey intellectual property rights (including but not limited to any infringement of copyright or trade marks) by any third party, you shall notify Ordnance Survey as soon as practicably possible of full details of any such infringement or suspected infringement. You hereby agree to give any reasonable help at the request of Ordnance Survey to take action against such third party.

7 Subcontractors

Where the Ordnance Survey Mapping that you use is in the form of data (that is, is not in the form of a paper map) and you employ a subcontractor to carry on contracted activities for you in relation to your use of Ordnance Survey Mapping under this Licence then your agreement with such person shall include the provisions of the Contractor Licence, the form of which is available from Ordnance Survey on request. Where you use Ordnance Survey Mapping in the form of a paper map and you employ a subcontractor to carry on contracted activities for you in relation to your use of Ordnance Survey Mapping under this Licence, you shall ensure that (i) the subcontractor shall only use the Ordnance Survey Mapping for the activities specified by you which are permitted under this Licence, (ii) the subcontractor shall not be entitled to assign or subcontract its activities in any way and (iii) the subcontractor returns all Ordnance Survey Mapping (including any copies the subcontractor may have made in order to carry out the contracted activities) to you once the contracted activities have been completed or on any termination of this Licence or your agreement with the subcontractor.

8 Liability

8.1 Ordnance Survey will be responsible for death or personal injury which results from its negligence or the negligence of its employees or agents.

8.2 Other than as expressly set out in this Licence, Ordnance Survey excludes all other warranties, terms and conditions, express or implied, to the fullest extent permitted by law.

8.3 Ordnance Survey will not be responsible for any loss of profits or contracts, loss of goodwill or loss of any expected savings you suffer, or for any indirect or consequential losses suffered by you.

9 Audit

You shall maintain accurate, complete and detailed records related to all transactions arising out of this Licence including details of all subcontractors and written evidence from an independent source of the number of Copies of the Publication produced. Ordnance Survey reserves the right to request copies of any of these records from time to time in order to meet Ordnance Survey’s auditors’ and business requirements and to ensure your compliance with this Licence and you shall allow Ordnance Survey to take copies of any records requested. You shall, at your expense, make appropriate employees (where applicable) and/or facilities available to provide Ordnance Survey with all reasonable assistance to satisfy these requirements.

10 Data Protection

Ordnance Survey will use your personal information you supply to us in connection with this Licence in the administration of this Licence, for marketing and market research. Ordnance Survey may contact you by mail, telephone, SMS, fax or email to let you know about any goods, services or promotions which may be of interest to you.

11 Assignment and sublicensing

This Licence is personal to you and you may not assign or sublicense your rights or obligations under this Licence except as expressly set out in Clause 7 of this Licence or with the prior written consent of Ordnance Survey.

12 Termination

12.1 Subject to any earlier termination under Clause 12.2 below, this Licence shall continue in force for a period of twelve (12) months from the effective date of this Licence calculated in accordance with Clause 3.1 of this Licence when it shall terminate automatically by expiry.

12.2 If you commit any breach of any of the provisions of this Licence and, where the breach is remediable, remain in breach fourteen (14) days after receiving notice to remedy such breach then Ordnance Survey, without prejudice to any of its other rights, may by notice to you at the address set out in the Schedule terminate this Licence immediately.

12.3 Following termination of this licence you shall not reproduce any further copies of the Publication, although you shall be entitled to sell or distribute any copies made during the term of this Licence in accordance with the provisions hereof.

13 Contact details

You can contact Ordnance Survey at the address set out below if you need any further information or need to contact Ordnance Survey in relation to this Licence:

Customer Contact Centre
Ordnance Survey
Explorer House
Adanac Drive
SOUTHAMPTON
United Kingdom
SO16 0AS

Phone: 03456 050505

Fax: 0345 099 0494

Email: customerservices@ordnancesurvey.co.uk

14 Dispute Resolution

If you have a complaint regarding an Ordnance Survey product or service, Ordnance Survey has a formal complaints procedure, details of which can be obtained from the Customer Contact Centre at the address set out in the Schedule.

If any dispute arises out of this Licence, the parties will attempt to settle it by negotiation. A party may not commence court proceedings until twenty one (21) days after it has made a written offer to the other party to negotiate a settlement to the dispute. Ordnance Survey reserves the right to refer disputes involving intellectual property matters and debt to the English courts immediately.

Appendix 1

Part 1 – Reproduction charges

The table below sets out the charges payable in respect of Publications which include Facsimile Mapping or Redrawn Mapping.

Facsimile Mapping

Total area of Facsimile Mapping in each copy of a publication

Charge per copy

A5 (312.5 cm2) or less

5p

Over A5 but not more than A4 (625 cm2)

9p

Over A4 (625 cm2) but not more than A3 (1 250 cm2)

18p

Over A3 (1 250 cm2) but not more than A2 (2 500 cm2)

30p

Over A2 (2 500 cm2) but not more than A1(5 000 cm2)

42p

Over A1 (5 000 cm2) but not more than A0 (10 000 cm2)

60p

Over A0 (10 000 cm2) but not more than 2A0 (20 000 cm2)

75p

Over 2A0 (20 000 cm2) but not more than 3A0 (30 000 cm2)

91p

Redrawn Mapping

Total area of Redrawn Mapping in each copy of a publication

Charge per copy

A5 (312.5 cm2) or less

1p

Over A5 but not more than A4 (625 cm2)

3p

Over A4 (625 cm2) but not more than A3 (1 250 cm2)

5p

Over A3 (1 250 cm2) but not more than A2 (2 500 cm2)

8p

Over A2 (2 500 cm2) but not more than A1(5 000 cm2)

11p

Over A1 (5 000 cm2) but not more than A0 (10 000 cm2)

15p

Over A0 (10 000 cm2) but not more than 2A0 (20 000 cm2)

19p

Over 2A0 (20 000 cm2) but not more than 3A0 (30 000 cm2)

23p

In the case of Publications which contain Facsimile Mapping or Redrawn Mapping of a total area which is larger than 3A0 (30 000 cm2) in each Copy, the applicable charge shall be a multiple of the Reproduction Charge for over 2A0 (20 000 cm2) but not more than 3A0 (30 000 cm2) set out in the above tables. For example:

a) in the case of Facsimile Mapping which measures 33 000 cm2 the Reproduction Charge will be:

33 000 by 91p = £1.00

30 000

b) in the case of Redrawn Mapping which measures 33 000 cm2 the Reproduction Charge will be:

33 000 by 23p = 25p

30 000

Part 2 – Discounts

1.1 Low Proportion of Total Content

Where the Facsimile Mapping or Redrawn Mapping comprises less than ten per cent (10%) of the total content (which includes both text and pictorial content) of your Publication the Reproduction Charges will be subject to a discount of fifty per cent (50%).

1.2 Volume Discounts

The following discounts shall apply to the Reproduction Charges based on the number of copies of each publication printed:

Number of copies of each publication

Discount applicable

Between 10 000 and 49 999

ten per cent (10%)

Between 50 000 and 99 999

twenty per cent (20%)

100 000 and above

thirty per cent (30%)

1.3 Charities

If you are a charity registered with either the Charity Commission for England and Wales or the Office of the Scottish Charity Regulator then a discount of twenty per cent (20%) on the Reproduction Charges in respect of each Publication shall apply in addition to any of the other discounts which may apply to your Publication.

1.4 Educational Publications

Additional discounts may apply to the Reproduction Charge in respect of each Educational Publication. Please contact Ordnance Survey for further details.

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