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