2009
Standard Notice – Non-Commercial
Information warning
We, the Environment Agency, do not promise that the information supplied to you will always be accurate, complete or
up to date or that the information will provide any particular facilities or functions or be suitable for any particular
purpose. You, the recipient of the information must ensure that the information meet your needs and are entirely
responsible for the consequences of using the Information.
If an electronic format has been used, we do not promise that the media on which the information is provided will always
be free from defects, computer viruses, worms, Trojan horses, software locks or other similar code of a destructive or
unwelcome nature. You should carry out all necessary checks prior to loading the information on to your computer
system. Please also note any specific information warning supplied to you.
Permitted use
The information is protected by intellectual property rights and whilst you have certain statutory rights which
include the right to read the information, you are granted no additional use rights whatsoever except that you
may optionally agree to the Licence set out below (but not for Third Party Information). To activate this Licence
you do not need to contact us but if you make any use (such as copying) in excess of your statutory rights you
are deemed to accept the terms below.
Licence for Non-Commercial use of the Information
1. Definitions
3.4 Any Information that you supply to others must have a copy of this
“Contractor Use” means passing of Information to a person (Contractor)
Notice attached and you must tell the recipient to comply with its
who is contracted on commercial terms to provide services, and:
terms
• use is limited to the purposes of that contract, and
3.5 Any intended use of Information must not represent a risk of:
• all terms of this licence are applied, and
• being misleading to anyone you are allowed to pass the Information to,
• the Contractor does not pass the Information to any person other than
• detriment to the Agency’s ability to achieve its objectives, or
the person contracting with them or a subcontractor who complies with
• detriment to the environment, including the risk of reduced future
these conditions
enhancement, or
“Information” means the information supplied to you excluding anything
• being prejudicial to the effective management of information held by
that we have identified as Third Party Information
the Agency, or
“Commercial” use
means use that is not Public Task use that comprises:
• damage to the Agency’s reputation
• Internal Use for any purpose within a commercial body
4.
Limitation of Liability
• offering a product or service containing Information or derived
We will under no circumstance be liable for indirect, special, or
information for direct monetary compensation such as the sale of a
consequential damages including any loss of business, revenue, profits,
book or newsletter with a cover charge even if it does not cover all
goodwill, reputation, anticipated savings or data in relation to your use of
costs but not including a charge expressly permitted in respect of a
the information supplied to you. Nothing within this Agreement will operate
Statutory Supply, or
to exclude any liability for death or personal injury arising as result of the
offering a product or service by a commercial body, or by any other body
negligence of the Environment Agency, or any of their employees or
where the charge is greater than cost recovery, which does not contain
agents. Any implied promise or warranty is excluded as far as the law
Information or derived information but which has used that information,
allows. Our maximum aggregate liability in connection with this agreement
thereby obtaining indirect
monetary advantage such as provision of advice
shall not exceed the total sum of one thousand pounds
based on that information, or charging for advertising space in a product
5.
Intellectual Property Rights
that includes that information
No Intellectual Property Rights are transferred or licensed to you save
“Non-Commercial” use or purposes means use that is not Commercial
those which are expressly provided in this agreement
“Public Task Use” means use of Information or derived information:
6. Assignment
• for internal use by a public sector body or a body that is subject to the
You may not transfer or in any other way make over to any third party the
Environmental Information Regulations 2004, or
benefit of this agreement either in whole or in part
• by a public sector body in products or services to other parts of EU and
7. Waiver
UK Government or public sector bodies, or
Failure by either of us to exercise or enforce any rights available to it, or
• by a public sector body in products or services to any body outside the
any forbearance, delay or grant of indulgence, will not be construed as a
UK where the supply is in pursuance of international treaties or
waiver of rights under this agreement or otherwise
conventions
8. Entire
agreement
provided that in each case of Public Task Use:
This agreement constitutes the entire agreement between us and
• all use (including that by any permitted recipient body) is for the public
supersedes all oral or written agreements, representations, understandings
task Internal Use of that body, and
or arrangements relating to its subject matter (whether previous,
• any charge reflects only the additional marginal costs incurred in the
contemporaneous or future). You agree to waive any right to rescind this
provision of those products or services, and
agreement by virtue of any misrepresentation and not to claim damages
• the use does not comprise publication in any format (including on the
for any misrepresentation that is not fraudulent
Internet)
9. Severance
“Statutory Supply” means
a supply of information by a public sector body
If any part of the agreement is found by a court of competent jurisdiction or
required under the Environmental Information Regulations 2004, the
other competent authority to be unenforceable, then that part will be
Freedom of Information Act 2000, the Data Protection Act 1998 or in other
severed from the remainder of the agreement which will continue to be
statutory provision requiring information to be supplied where recipients are
valid and enforceable to the fullest extent permitted by law
limited to Internal Use
10. Variation and Termination
2.
Licence and Use of Information
This agreement may not be amended, modified, varied or supplemented
In consideration of the payment of our standard supply charges we hereby
but it may if both of us agree be terminated or replaced by a new
grant to you a non-transferable, non-exclusive, perpetual licence subject to
agreement
the terms of this agreement to use the Information. This licence is given to
11. Relationship of Parties
you personally and not to anyone else
We are not in a partnership or joint venture, nor is either of us the agent of
3. Your
Obligations
the other or authorised to act on behalf of the other
3.1 You must not make any Commercial use of the Information other than
12. Rights Of Third Parties
Contractor Use
No third parties shall have rights to enforce any part of this agreement
3.2 All copies you make must be attributed to us
under the Contracts (Rights of Third Parties) Act 1999
3.3 If you wish to put the Information on a website you must either do so
13. Governing
Law
as a fixed image or screen grab or seek extra permission from us
This agreement shall be governed and construed in accordance with
English law
Contact: [Environment Agency request email] 08708 506506
