Any use of Ordnance Survey Data which is not expressly addressed in this Schedule under the definition of 'Standard Licensed Use' or which is not expressly permitted is prohibited. Any other use of Ordnance Survey Data may be made only with the express written agreement of Ordnance Survey in a form of a licence for the commercial use of such data, the terms and conditions for which are available on request.
For the purposes of this Schedule:
Commercial Purposes means any purposes which seek to exploit the Ordnance Survey Data for financial gain or any purpose which is or is likely to place the use of the Ordnance Survey Data in competition with a third party who is seeking to exploit data licensed from Ordnance Survey for Financial Gain or for any other purpose;
Display means a single, static image with no size restriction, for example on display boards or on the Internet;
Excluded Bodies means any of the following:
- (i) Central government departments, Crown bodies and non-departmental public bodies;
- (ii) Local authorities;
- (iii) Other public sector organisations (including companies in public ownership);
- (iv) Utility companies managing fixed assets as follows:
- Gas companies
- Electricity companies
- Water companies
- Cable operators
- Oil companies
- Fixed line telecommunications companies;
Financial Gain means a benefit accruing where the Customer or any third party used by, or connected to, the Customer receives any revenue or credit for the publication or use of any Ordnance Survey Data in any format; and Promotion(al) means bringing any product or service to the attention of actual or potential customers and where multiple
copies are made in any media, the total map area at scale must not exceed A3 or 1 250 square centimetres size.
Internal Business Use:
2.1 Internal Business Use is defined as the use of Ordnance Survey Data in the ordinary day-to-day activities involved in the internal administration and running of the Customer's business or organisation.
2.2 Such use of Ordnance Survey Data is only permitted in the following circumstances:
2.2.1 Solely and explicitly for the administration and operation of the Customer's business or organisation (which excludes its supply to any third party unless expressly permitted in this Schedule);
2.2.2 In reports and submissions to third parties (where such activities relate to the internal administration and running of the Customer's business or organisation and the Customer shall advise such third parties that such Ordnance Survey Data shall not be used for any other purpose), provided such reports and submissions do not carry paid for advertising in respect of third parties. Such use shall include electronic transmission of a graphic image that is a raster data file produced solely for the purposes of allowing such third party to view and print one copy;
2.2.3 By the Customer's contractors and agents when undertaking any activity for the Customer which the Customer is permitted to undertake itself under this Schedule but solely and explicitly to provide the Ordnance Survey Data for the purpose of enabling them to provide goods or services to the Customer or to tender for the provision of such goods or services.
The Customer must require such contractor or agent to sign a contractor licence with the Customer in the form of the Contractor Licence. The Customer must enforce the provision in such Contractor Licence which requires the contractor or agent to erase all copies of Ordnance Survey Data on or before termination of such Contractor Licence.
This must include those held in paper based or any electronic format, provided that the Customer may permit such contractor or agent to retain one paper-based archive copy of Ordnance Survey Data which is relevant and necessary to document the goods or services delivered to the Customer;
2.2.4 Where Ordnance Survey Data are available on an internal network or on a remotely accessible server operated by an electronic hosting service, the Customer must either take steps itself or enter into a written agreement in relation to the facilities provided by the electronic hosting service to provide for appropriate industry standard safeguards restricting third party access to any data of the Customer's which include or incorporate any Ordnance Survey Data;
2.2.5 Within any professional services provided by the Customer to its clients, provided that:
a) The provision of Ordnance Survey Data is not a service in itself and does not form a significant part of any service offered by the Customer;
b) Ordnance Survey Data may be provided only in paper for or by electronic transmission of a graphic image that is a raster file produced solely for the purposes of allowing the recipient to view and print one copy;
c) Only such amounts of Ordnance Survey Data may be used as are necessary to meet the specific need for which they are used; and
d) The use to which such clients shall put the Ordnance Survey Data shall be personal (in the case of a consumer client) or for the administration and operation of its business (in the case of a business client); provided that the rights referred to in this Section
2.2.5 Shall not apply where the Customer is an Excluded Body.
2.3 For the avoidance of doubt the permission of Ordnance Survey for such supply of Ordnance Survey Data to third parties as specified in Section 2.2.3 above is given on the basis that the Customer remains responsible and primarily liable to Ordnance Survey for the acts and omissions of such contractors and agents.
2.4 Such use does not extend to use of the Ordnance Survey Data:
2.4.1 By any associated undertaking of the Customer, including associated, subsidiary, affiliated, holding or any parent or group companies or any other undertaking (save to the extent such associated undertaking is acting as a contractor or agent providing services pursuant to Section 2.2.3 or is a client for professional services pursuant to Section 2.2.5); or
- Save in the case of contractors and agents providing services pursuant to Section 2.2.3 or provision of professional services pursuant to Section 2.2.5, for any Financial Gain or commercial purposes of the Customer, whether the Ordnance Survey Data are used on their own or in combination with any products or services of the Customer or which convey any Financial Gain for the benefit of any person other than the Customer or its employees. Conditions of use for publishing for display and/or promotional purposes
- Subject to the restrictions in Section 3.2 below, Ordnance Survey Data may be published for display and/or promotional purposes provided there is no Financial Gain but only:
3.1.1 As a background to display information specific to the Customer's activities; or
3.1.2 To promote the Customer's commercial or public services, provided that the use of Ordnance Survey Data is secondary to the Customer's services or business activities and is not a service or business activity in itself; or
3.1.3 In order to provide directional guidelines on how to locate the Customer's premises or a location relevant to the Customer's day-to-day business activities.
3.2 The following conditions apply to the publishing of the Ordnance Survey Data for Display and/or Promotional purposes by the Customer:
3.2.1 The correct database right, copyright, trade mark acknowledgements and licence number must be used. Acknowledgements are always required and each individual image using Ordnance Survey Data must contain the appropriate acknowledgement(s). Non-compliance will be regarded as a breach of your obligations under this Schedule and, without prejudice to any other rights, may incur royalties at our normal commercial use rates;
3.2.2 The Customer must overlay outputs generated using the Ordnance Survey Data with information that is specifically relevant to the purpose of the Display and/or Promotion. Use of Ordnance Survey Data in this manner must only be to demonstrate the services or activities to which the Ordnance Survey Data makes a significant contribution. Ordnance Survey Data must not be published on their own or in any format or as the primary or dominant part of any Display and/or Promotion and must always be combined with appropriate additional information relating to the Customer;
3.2.3 A visible background watermark to identify the source of the publication may be required by Ordnance Survey. This is a mandatory requirement when publishing Ordnance Survey Data electronically. The Customer shall choose its own method of applying a watermark from suitable alternatives. The purpose of the watermark is not to obscure or change the meaning of the Customer's message, but to establish the source of the material and to deter its use for other purposes;
3.2.4 When using the Ordnance Survey Data, whether in paper or electronic format, the Customer is to include a brief statement of the purpose of the publication and the reason why mapping information is included together with limitations for its further use. This can be placed anywhere within the document;
3.2.5 The Customer shall use all reasonable endeavours to prevent the improper use of the Ordnance Survey Data by its staff or any third parties;
3.2.6 Only such amounts of Ordnance Survey Data may be used as are necessary to meet the specific need for which they are used;
3.2.7 Ordnance Survey Data must not be published in their original condition either in paper or electronic form. Any publication, both paper and electronically, must feature such additional elements or content as are specifically relevant to the purpose to which they are put.
Such additional content must be provided by the Customer and unless otherwise agreed with Ordnance Survey must be sufficiently significant to render the underlying Ordnance Survey Data unusable for any other purpose.
When published electronically this additional content
- Must be incorporated into the Ordnance Survey Data in a manner which does not allow them to be separated from each other unless expressly agreed in writing by Ordnance Survey; and
- Ordnance Survey Data must not be published electronically in a manner which will allow vector map data to be extracted from the published materials. For the avoidance of doubt, this means in whole, part or derived vector data.
For the purpose of this Schedule:
4.1.1 Statutory Obligation means an express written obligation imposed by an Enactment upon the Customer, which requires the use of the Ordnance Survey Data to meet that obligation. This does not include a general obligation which does not specifically refer to a product or service which is to be delivered by the Customer; and
4.1.2 Enactment means a statute or act of the Parliament of Great Britain and Northern Ireland or of the Scottish Parliament or of the National Assembly for Wales, or a statutory instrument or other delegated legislation, including without limitation any such enactment made after the date of this Agreement.
4.2 The Customer is permitted to use Ordnance Survey Data to meet a Statutory Obligation.
4.3 The Customer is not permitted to exploit the Ordnance Survey Data in any way for commercial purposes or for Financial Gain other than as expressly provided in this Schedule, except pursuant to a separate licence agreement from Ordnance Survey permitting such activities.
4.4 Only such amounts of Ordnance Survey Data may be used as are necessary to meet the specific need for which they are used.
4.5 Ordnance Survey Data must not be published in their original condition either in paper or electronic form. Any publication, both on paper and electronically, must feature such additional elements or content as are specifically relevant to the purpose to which it is put.
Such additional content must be provided by the Customer and must be sufficiently significant to render the underlying Ordnance Survey Data unusable for any other purpose.
When published electronically this additional content must be incorporated into the Ordnance Survey Data in a manner which does not allow them to be separated from each other.
4.6 Ordnance Survey Data must not be published electronically in a manner which will allow vector map data to be extracted from the published materials. For the avoidance of doubt, this means in whole, part or derived vector data.
4.7 The Customer may provide copies of Ordnance Survey Data to any other customer of Ordnance Survey which has a Statutory Obligation and which is a party to an agreement with Ordnance Survey by which such customer is licensed on specific terms to use Ordnance Survey Data, provided that: 4.7.1 it shall advise such customer that any such Ordnance Survey Data shall only be used under the terms of such customer's agreement with Ordnance Survey in relation to such customer's right to meet what in this Agreement is described as a Statutory Obligation;
4.7.2 Within thirty (30) days of the end of each quarter, it shall advise Ordnance Survey in writing of the names and addresses of each such customer to which it has supplied Ordnance Survey Data during such quarter.
For these purposes, a quarter shall be a period of three (3) months commencing on the first day of January, April, July or October in each year; and
4.7.3 It shall include with the media embodying such Ordnance Survey Data a notice in terms approved by Ordnance Survey stating that the media contains mapping data which are the property of the Crown and that any unlawful use or copying other than for the purposes of viewing and printing is prohibited.