The terms of this End User Licence Agreement (the ‘Terms’) apply to your use of this OS Ride the Tour Application.
1. About us, the Application and these Terms
1.1. The OS Ride the Tour Application is owned and operated by the Secretary of State for Business, Innovation and Skills acting through Ordnance Survey.
1.2. Ordnance Survey is the national mapping agency of Great Britain, whose principal place of business is at Explorer House, Adanac Drive, SOUTHAMPTON, UK, SO16 0AS (‘Ordnance Survey’, ‘we’, ‘us’, ‘our’).
1.3. The Application is designed to provide a definitive guide to the GB stages of the 2014 Tour de France. It is also designed to allow cyclists to ride, and track their progress along, the 2014 route and along the historical routes from the British stages held in [2007, 1994 and 1974.
1.4. These Terms tell you about the Application and how you may use it. Your use of the Application indicates your acceptance of these Terms; please do not use the Application if you do not accept these Terms.
1.5. We may revise these Terms at any time by updating this page. We may also update the OS getamap Terms at any time. You should therefore check from time to time to review the latest version of either, as they are binding on you.
2.1. In these Terms:
‘Application’ means the OS Ride the Tour application software which is downloaded by you for use on 1 or more of your Devices in accordance with these Terms.
‘Coordinates’ means the Coordinates of your current location created by the Application in response to a request by you.
'Dataset' means an individual Ordnance Survey product, forming part of the Licensed Data.
‘Device’ means a personal computer, mobile telephone handset or other electronic device designed for use by a single user at any one time.
'Licensed Data' means the following Dataset: Ordnance Survey 1:50 000 Scale Colour Raster;
'Specification' means the current specification of any Licensed Data at the date upon which you indicate your acceptance of these Terms in accordance with its terms, as published by us on our Website and as may be updated from time to time in accordance with Clause 1.3.
'Tile' means a sub-division of our National Grid, as pre-determined by us and showing an area of [ 20 km x 20 km in the case of 1:50 000 Scale Colour Raster].[CM(L2]
‘Tour’ means the GB stages of the 2014 Tour de France, together with all the GB stages which have taken place in previous years.
‘Updates’ means updates, revisions and modifications to the software that we may provide (or provide access to) from time to time.
‘you’, ‘your’ means the person who, by downloading and using the Application, indicates his or her acceptance of these Terms.
‘Website’ means the website http://www.ordnancesurvey.co.uk or such other website as we determine from time to time.
3. Grant of licence
3.1. We hereby grant you a perpetual, non-exclusive, non-transferable licence (without rights to sub-license any third party) to use the Application for your personal, non-commercial use.
[3.2. The Application is licensed to you free of charge].
4. Conditions of Use
4.1. [Where the Application enables you to do so, you may create and download for your own personal non-commercial use User Generated Routes. Therefore, we hereby grant you a perpetual, non-exclusive licence to use User Generated Routes for your non-commercial personal use PROVIDED THAT, for the avoidance of doubt, we shall have no obligation to ensure that the Application is configured to enable you to create and/or download User Generated Routes in accordance with this Clause 4.1].
4.2. [Where the Application enables you to do so, you may download Coordinates for your own personal non-commercial use. Therefore, we hereby grant you a perpetual, non-exclusive licence to use such Coordinates for your personal non-commercial use PROVIDED THAT, for the avoidance of doubt, we shall have no obligation to ensure that the Application is configured to enable you to download Coordinates in accordance with this Clause 4.2].
4.3. THE APPLICATION MAY NOT BE USED TO PROVIDE ITS USER, WHILST SUCH USER IS OPERATING ANY FORM OF TRANSPORT WITH REAL-TIME TURN BY TURN INSTRUCTIONS ON HOW TO GET TO A PARTICULAR DESTINATION AND YOU SHOULD NOT VIEW THE LICENSED DATA WHILST YOUR CYCLE IS IN MOTION .
4.4. The Tour takes place on public roads that are closed to traffic. Outside of the Tour, some of the routes shown on this Application may be busy, hazardous and unsuitable for cycling. It is your responsibility to cycle safely and to carefully consider whether a road is suitable for cycling before attempting to do so. We encourage safe riding at all times and further information can be found at [link to cycling websites]
4.5. You may use the Application on no more than 1 Device concurrently and on no more than 5 Devices in total.
4.6. All equipment, Internet connections, Devices and wireless internet service plans that are necessary for you to access and use the Application shall be provided by you at your own risk and expense.
4.7. We do not guarantee that:
4.7.1. the Application is accessible on all Devices or via all wireless Internet service plans; or
4.7.2. the Application is available, or capable of being used, in all geographic locations.
4.8. You acknowledge that:
4.8.1. as a result of the access and use of the Applicationby your Device, your wireless Internet service provider may charge you additional fees for data usage, messaging and/or other wireless Internet features;
4.8.2. it is your responsibility to confirm with your wireless Internet service provider whether, and to what extent, any such fees apply to you; and
4.8.3. you are solely responsible for any such fees incurred in connection with the access and use of the Application by your Device.
4.9. Where applicable, you shall comply with the additional terms set out in Schedule 1.
5. Data Protection and Privacy
5.2. In addition, the Application incorporates visitor identification technology:
5.2.1. that collects, uses, shares and stores data about you;
5.2.2. which has been created using the services of Flurry, Inc. ('Flurry'); and
You may opt out of being tracked by the Flurry visitor identification technology by visiting the following link: http://www.flurry.com/user-opt-out.html.
6. Disclaimer and Liability
6.1. We shall ensure that Licensed Data substantially conforms to its relevant Specification.
6.2. The cycling routes that are provided in the Application are based on information that we have been able to obtain from online research. Certain routes for 2014 may not be included within the Application due to the fact they were not released at the time of going to press. Historical routes have been created from a variety of sources and although they are, to the best of our knowledge, a reflection of the original routes, they may not be 100% accurate in this respect.
6.3. The Application and the Licensed Data have not been created for any particular customer’s requirements. It is your responsibility to ensure that they are fit for your intended use or purpose.
You acknowledge that if you do not take Updates then, over time, the operation, functionality and accuracy of the Application and/or Licensed Data are likely to degrade and fail to meet the current relevant Specification. Subject to Clause 6.6, we shall not be liable to you for any loss or damage you suffer to the extent it would have been avoided had you not failed or delayed in using or adopting any Updates made available to you.
6.4. The Application (except to the extent provided for in Clauses 6.1 and 6.3 with respect to Licensed Data) is supplied to you ‘as is’. To the fullest extent permitted by law and subject to Clause 6.6, we exclude:
6.4.1. all implied or express warranties (except those listed in this Clause 6), including, without limitation any warranties (whether express or implied by law) that:
a) the Application will meet your particular requirements; and
b) the Application will operate uninterrupted or error free; and
c) the Application has 100% completeness and/or accuracy in terms of the cycling routes matching the final routes of the 2014 or previous Tour de France GB stages.
6.4.2. any liability for a breach of your responsibilities set out in Clause 4.4;
6.4.3. any liability in contract, tort (including negligence) or otherwise for any loss of profits, loss of business or loss of contracts (in each case whether direct or indirect) or for any special, indirect or consequential losses or damages.
6.5. If any part of Clause 6.4is ruled invalid, then (subject to Clause 6.6) we exclude all warranties (whether express or implied by law) and liabilities to the maximum extent allowed by any applicable law.
6.6. Nothing in these Terms shall exclude or limit our liability for:
6.6.1. death or personal injury to the extent it results from our negligence, or that of our employees or agents;
6.6.2. fraud or fraudulent misrepresentation;
6.6.3. breach of any applicable terms implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982;
6.6.4. breach of any applicable terms implied by sections 13, 14 and 15 of the Sales of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; or
6.6.5. defective products under the Consumer Protection Act 1987.
6.7. The warranties not excluded by Clause 6.6 (the non-excluded warranties) are in lieu of all other warranties, express or implied, and represent our full and total obligation and/or liability. The non-excluded warranties provide you with specific legal rights. You may have other rights, which vary from jurisdiction to jurisdiction. If the laws of any applicable jurisdiction require mandatory warranties that are more extensive than the non-excluded warranties, then we warrant the Application to the minimum extent required pursuant to such mandatory laws.
7. Contacting Us
If you have any questions about the Application, please contact us as follows:
• email: firstname.lastname@example.org
• telephone: 08454 560420 (Monday to Friday: 8.30 am to 5.30 pm - call charges apply)
• write to: Ordnance Survey, Customer Service Centre, Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS
8. Contracts (Rights of Third Parties) Act 1999
8.1. Subject to Clause 8.2, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of these Terms.
8.2. Ordnance Survey shall be entitled to the benefit of these Terms and the rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
9.1. You shall comply with all applicable foreign and local laws and regulations which apply to your use of the Application in whatever country you are physically located, including without limitation, consumer law and export control laws and regulations.
9.2. We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
9.3. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.4. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
9.5. The waiver on a particular occasion by either party of rights under these Terms does not imply that other rights will be waived.
9.6. No delay in exercising any right under these Terms shall constitute a waiver of such right.
9.7. You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersede any other communications or advertising with respect to the Application.
9.8. These Terms will be governed by English law and both parties submit to the exclusive jurisdiction of the English courts.
Schedule 1 Additional Apple End User Terms
1.1. In this Schedule 1:
‘Apple’ means Apple, Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California, 95014, USA.
‘iOS’ means the iOS operating system software developed and provided by Apple.
‘iOS’ Product means an Apple branded Device that runs the iOS.
2. Scope of this Schedule 1 and licence
2.1. This Schedule 1 applies where you have downloaded the Application for use on one or more iOS Product(s).
2.2. The licence granted to you under Clause 3.1 only permits you to use the Application on an iOS Product that you own or control and as permitted by the Usage Rules as defined in and set out in the App Store Terms of Service, which is available at the following link: http://www.apple.com/legal/itunes/us/terms.html#APPS.
3. Maintenance and Support
3.1. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Product Claims
4.1. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to:
4.1.1. product liability claims;
4.1.2. any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
4.1.3. claims arising under consumer protection or similar legislation.
5. Legal Compliance
5.1. You represent and warrant that:
5.1.1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and
5.1.2. you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Third Party Beneficiary
6.1. Notwithstanding Clause 8, you and we acknowledge and agree that:
6.1.1. Apple and its subsidiaries, are third party beneficiaries of these Terms; and
6.1.2. upon the your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.