XYZ MAPS – ONLINE SHOP END USER DATA LICENCE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE OPENING DATA FILES
BY OPENING THE ZIPPED / SEALED MEDIA PACKAGE YOU ARE INDICATING YOUR ACCEPTANCE OF THE XYZ LICENCE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED, DELETE OR RETURN THE UNOPENED PACKAGE AND ALL OTHER COMPONENTS (i.e. TECHNICAL INFORMATION).
Rights: This is a licence agreement between the end user (You) and XYZ Maps Ltd (XYZ). This Licence Agreement gives You certain limited rights to use the Data and any Technical Information also provided. All rights not specifically granted in this Agreement are reserved to XYZ.
Reservation of ownership and grant of licence: XYZ retains exclusive ownership of the Data and hereby grants to you a personal, non-exclusive, non-transferable licence to use the Data on the terms and conditions of this Agreement. You agree to use all reasonable efforts to protect the Data from unauthorised use, reproduction, distribution or publication.
Copyright: Copyright in the Data belongs to XYZ. Nothing in this Agreement shall be construed as constituting a partnership between XYZ and You.
Printed Output: You may not produce printed output for resale from the Data unless such printed output is used as illustrations forming a minor part of a report or other such document produced by You as part of your normal commercial activities. With this sole exception, printed output for resale or distribution to third parties may not be produced by You without the written permission of XYZ. You may produce printed output from the Data for Your own internal use. All printed output produced from the Data should incorporate the following acknowledgements:
Digital Map Data © (year) XYZ Maps (www.xyzmaps.com)
The year shall be the year in which the Data was purchased.
Permitted uses: Your licence type is as You have purchased and as shown on Your Order Confirmation and / or Your Invoice. You may use the Data for each Licence Type as per the following list:
- Personal Use: Use by a private individual for personal (i.e. not for commercail gain) purposes, for example to record holiday trips. You may make prints for personal use and may include extracts not exceeding 25% of the full data product extent on a personal web site or on personal social media. If you reduce the resolution to less than one third of the original supplied by us (i.e. convert to 100 dpi instead of 300 dpi) then you may include the full extent on a personal web site or social media.
- Public Web Site Use: Use on any publicly accessible corporate, commercial or government web site requires a Web Use licence for each unique Domain. This is for one year only, but may be renewed for further years. Personal Use on a web site or social media in excess of the limits of the Personal Use Licence is covered by the Public Wed Site Annual Licence.
- Charity Use: Use for the normal legitimate purposes of a registered or officially recognised charity.
- School / University (Educational) Use: Use for the normal educational purposes of a school, college or university. This does not include use for paid for consultancy or other commercial research or other contract.
- Commercial One User: Use by One User in any corporate, commercial or government organisation. We use the concurrent user model which means it is one person at any one time, but the actual user can be different from time to time. Includes use in reports, etc, but not commercail publishing whether for sale or free distribution. Does not include use on a publicly accessible web site.
- Commercial Five Users: Up to Five Concurrent Users, otherwise as for the Commercial One User licence.
- Commercial Ten Users: Up to Ten Concurrent Users, otherwise as for the Commercial One User licence.
- Commercial Twenty Users: Up to Twenty Concurrent Users, otherwise as for the Commercial One User licence.
- Corporate Users: Unlimited Concurrent Users within one legal entity (including direct subsidiaries), otherwise as for the Commercial One User licence.
- Design / Bureau User: Use by a Graphic Designer, Bureau or similar to make up to 5 physical copies of the Data Product, for example as a large display panel.
Uses not permitted: You may not sell, rent, lease, sub-licence, lend, assign, time-share, or transfer, in whole or in part, or provide unlicensed Third Parties access to the Data or rights under this Agreement. You may not remove or obscure copyright notices.
Termination: The Agreement will automatically terminate without notice if You fail to comply with any provision of this Agreement. On termination of this Agreement you will return the Data to your supplier and remove any whole or partial copies of the Data from any computer systems at your site.
Limited Warranty: XYZ warrants that the media upon which the Data is provided will be free from defects in materials and workmanship under normal use.
Miscellaneous: XYZ gives no warranty or undertaking as to the suitability of the Data for your purposes. While every effort is made to keep the Data up-to-date, XYZ will not be responsible for any loss, damage or inconvenience caused by inaccuracies in the Data.
Applicable Law: To the extent possible under applicable law, this Agreement shall be governed by the laws of Scotland and shall be subject to the non-exclusive jurisdiction of the Scottish courts.