End User License (EUL)
This Agreement is made between you (the “End user”) and the United Kingdom Atomic Energy Authority (hereafter referred to as UKAEA) in order to provide you (the “End User”) with the right to use the data collections provided, according to the terms stated below.
In this agreement:
“Data Team” means in relation to a particular data collection, the registrar, the relevant data service providers, and (to the extent that the Special Conditions and/or metadata specific to a particular data collection expressly provide) the service funders, data collection funders and/or original data creators or depositors;
“data service provider” means the persons or organisations that directly provide you with the data collections (on behalf of the service funder). The data service provider for a particular data collection is identified in the Special Conditions and/or metadata applicable to that data collection;
“service funder” means the persons or organisations that fund the data service provider as defined above. The service funder for a particular data collection is identified in the Special Conditions and/or metadata applicable to that data collection;
“data collection funder” means the persons or organisations that funded the collection and/or creation of the data collections. The data collection funder for a particular data collection is identified in the Special Conditions and/or metadata applicable to that data collection;
“original data creator or depositor” means the persons or organisations that originally collected, created or deposited the materials making up the data collections and/or who own the intellectual property rights in the data collections. The original data creator or depositor for a particular data collection is identified in the Special Conditions and/or metadata applicable to that data collection;
“registrar” means the person or organisation responsible for the system that registers End Users and issues them with End User Licences;
“Special Conditions” means any further conditions applicable to the use of one or more data collections by an End User, as notified to the End User in accordance with paragraph 5[MDG1] of the End User Licence;
“metadata” means any additional or bibliographic information about one or more of the data collections, as notified to the End User from time to time. Metadata may be supplied by electronic means[MDG2] ;
“personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name or an identification number.
To the extent that applicable law permits:
- The supply of this Data carries no legal responsibility for the accuracy or comprehensiveness of the data supplied.
- The UKAEA accepts no liability for, and the user will not be entitled to claim against them in respect of, any direct, indirect, consequential or incidental damages or losses arising from use of the data collections, or from the unavailability of, or break in access to, the service, for whatever reason.
- Whilst steps have been taken to ensure all licences, authorisation and permissions required for the granting of this Licence have been obtained, this may not have been possible in all cases, and no warranties or assurance are given in this regard. To the extent that additional licences, authorisations and permissions are required to use the data collections in accordance with this Licence, it is the End User’s responsibility to obtain them.
- I agree to indemnify and shall keep indemnified the UKAEA against any costs, actions, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses and loss of profit, and all interest, penalties and legal and other professional costs and expenses) arising from or in connection with any third party claim relating to my use of the data collections or any other activities in relation to the data where such use is in non-compliance with this licence.
- If the whole or any part of a provision of this Agreement is void, unenforceable or illegal for any reason, that provision will be severed and the remainder of the provisions of this Agreement will continue in full force and effect as if this Agreement had been executed with the invalid provision eliminated. No other persons may enforce this Agreement under the Contract (Rights of Third Parties) Act 1999.
- This Agreement (which is the entire agreement between the parties and supersedes any previous agreement between them if applicable) may be varied in writing by agreement of the relevant service funders, the registrar, and the End User (who may give its consent to such variations by electronic means). No consent from any other party is required to vary or rescind this Agreement.
- This Agreement and any documents to be entered into pursuant to it shall be governed by and construed in accordance with the laws of England and Wales and each Party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement and the documents entered into pursuant to it.
- To acknowledge, in any publication, whether printed, electronic or broadcast, based wholly or in part on the data collections, the original data creators, depositors or copyright holders, the service funders and the data service provider(s) in the form specified on the data distribution notes or in accompanying metadata received with the dataset or notified to me and without prejudice to paragraph 5 above to comply with any restrictions on my use of the data collections referred to or referenced therein or otherwise notified to me from time to time. To cite, in any publication, whether printed, electronic or broadcast, based wholly or in part on the data collections, the data collections used in the form specified on the data distribution notes or in accompanying metadata received with the dataset or notified to me.
- To supply the relevant data service provider with the bibliographic details of any published work based wholly or in part on the data collections.
- That the members of the UKAEA may hold and process any personal data submitted by me for authentication, statistical purposes, commercial end use and for the management of the Service.
- To notify the data service provider of any errors discovered in the data collections.
- I understand that non-compliance with any of the provisions of this Agreement will lead to immediate termination of my future access to all services provided either permanently or temporarily, at the discretion of the UKAEA, and may result in legal action being taken against me.
I (the “End User”) agree to the following conditions of use in consideration of the data collections being made available to me:
- To use the data collections only in accordance with this End User Licence and to notify promptly the UKAEA the data validation manager of any non-compliance with its terms in writing or of any infringements of the data collections of which I become aware.
- To use and to make personal copies of any part of the data collections only for the purposes of not-for-profit research or teaching or personal educational development. To obtain permission prior to using part or all of the data collections for commercial purposes by contacting the UKAEA commercial bid team, in order to obtain an appropriate licence from the rights holder(s) in question.
- That this Licence does not operate to transfer any interest in intellectual property from the data collection funders, service funder(s), the data service providers, the original data creators, producers, depositors, copyright or other right holders (including without limitation the Crown) to me. That any rights subsisting in materials derived now or in the future from the data collections which are the intellectual property of the Crown are hereby assigned (by way of assignment of present and future intellectual property) to the Crown by this Licence to the extent not already vested in the Crown. To take all steps necessary to give effect to this Clause (including by executing further written documentation).
- That the Licence and the data collections are provided by the UKAEA on an “as is” basis and without warranty or liability of any kind. Any representations or warranties given by any member of the UKAEA relating to this licence, expressed or implied, are excluded to the maximum extent permitted by law.
- To abide by any further conditions that may apply to the access to, or use of, specific materials within the data collections or particular data collections. Notice of further conditions under this paragraph may be given to me by electronic means, for example, by way of a pop-up window upon my ordering one or more data collections. My acceptance of the further conditions shall be required before I gain access to the data collections in question. In this Agreement such further conditions are referred to as Special Conditions.
- To give access to the data collections, in whole or in part, or any material derived from the data collections, only to registered End Users with a registered use who have entered into an End User Licence and accepted the relevant Special Conditions, such as a Commercial Licence, necessary to access and use the data collections (with the exception of data collections or material derived from data collections supplied for the stated purpose of teaching and shared under the terms and conditions of the Access Agreement for Teaching or included in publications made for the purposes set out in paragraph 2).