Data Licence: THIS IS A LICENCE AGREEMENT BETWEEN THE DEPARTMENT OF BUSINESS, ENTERPRISE AND REGULATORY REFORM (AS OF 03/10/2008 THIS IS THE DEPARTMENT OF ENERGY AND CLIMATE CHANGE, WHERE THE ENERGY GROUP NOW RESIDES) ("LICENSOR") AND YOU ("LICENSEE"). YOU MUST READ AND ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW BEFORE YOU USE THE DATA. BY USING THE DATA, YOU (AN INDIVIDUAL OR LEGAL ENTITY) AGREE WITH THE LICENSOR TO BECOME THE LICENSEE TO THIS LICENCE AGREEMENT AND CONSENT TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE AGREEMENT, DO NOT USE THE DATA.
1. Grant of Licence.
1.1. By using the Data the Licensor grants you ("the Licensee") a non-exclusive, non-transferable limited licence to use the accompanying Atlas of UK Marine Renewable Energy Resources Data sets including without limitation the Met Office and Proudman Oceanographic Laboratory data forming part of the content, electronic documentation (if applicable) strictly in accordance with the terms and conditions of this Licence Agreement.
1.2. The Licensee must ensure that the copyright notice of the Licensor is duplicated as it appears in or on the Data on all authorised copies. The Licensee must not assign or transfer this Licence Agreement to any third party. The Licensee shall destroy the Data and all upgrades (if any) or copies in its possession promptly upon termination of this Licence Agreement or discontinuance of the licence granted, for whatever reason.
1.3. The Data is provided 'as is' without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality or fitness for a particular purpose.
1.4. The express terms of this Licence Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are excluded to the fullest extent permitted by law.
1.5. The Licensor does not warrant that the Data will be error-free or that such errors will be corrected and the Licensee is solely responsible for all costs and expenses associated with rectification, repair or damage caused by such errors.
1.6. Except for death or personal injury arising from the Licensor's negligence, the Licensor excludes and disclaims all liability for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Licence Agreement, the Data, its use or otherwise. The Licensor expressly excludes liability for indirect, special, incidental or consequential loss or damage (including without limitation loss of profits or business) howsoever caused even if advised of the possibility of such damages. Notwithstanding the foregoing, in the event the Licensee incurs any liability whatsoever under this Licence Agreement, such liability is limited to the licence fee paid by the Licensee for the Data.
2. Ownership of the Data
2.1. The Licensor shall at all times remain the owners of their respective intellectual property and like proprietary rights subsisting in or used in connection with the Data (including without limitation copyrights and database rights).
2.2. The Licensor may terminate this Licence Agreement at any time if the Licensee is in breach of any of the terms and conditions of this Licence Agreement. The Licensee may terminate this Licence Agreement at any time by destroying the Data and all copies of it. If the Licensor notifies the Licensee of such termination, the Licensee shall comply with the provisions of this Licence Agreement.
2.3. The Crown owns the intellectual property rights in the Met Office and Proudman Oceanographic Laboratory Data which form part of the Data set. The Licensee shall not have any rights or interests in the Met Office or Proudman Oceanographic Laboratory Data other than as described in this Licence Agreement. The Met Office Data is derived from model output with the permission of the Controller of Her Majesty's Stationary Office © Crown copyright. The Proudman Oceanographic Laboratory Data is derived from model outputs with the permission of the Controller of Her Majesty's Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. The Licensee must ensure that it protects and does not interfere with any trade names and trademarks that are in or accompany the Met Office and Proudman Oceanographic Laboratory Data. All copies of the Met Office and Proudman Oceanographic Laboratory Data in whatever from must contain the following acknowledgement: '© Crown Copyright. All rights reserved 2008.'.
3. Law and Jurisdiction
3.1. This Licence Agreement shall be construed in accordance with and governed by English law and subject to the non-exclusive jurisdiction of the English courts.