Copyright and licence information
 
Disclaimer
 

Whilst every care is taken in the compilation and publication of the directory and reference materials within UKOP, the publisher cannot be held responsible for the consequences of any mistakes or omissions. Statements made in the reference materials within UKOP do not necessarily represent the views of the publisher, which cannot accept any responsibility for such statements.

Crown copyright
 

Some of the documents contained in this service are Crown copyright and are reproduced under licence from the Controller of Her Majesty's Stationery Office. The Controller accepts no responsibility for the accuracy or comprehensiveness of the documents.

TERMS AND CONDITIONS

If you are the representative of your firm, institution, or organization, all references to "you" in this Agreement refer to the entity that you represent. By accessing or using the product(s) you agree that you and your authorized users are bound by these terms and conditions.

1) License:
  a)  Subject to the terms of this Agreement, Bell & Howell Information and Learning Company ("B&H") hereby grants you a non-exclusive, non-transferable license to have access to and use the on-line, tape or CD-ROM products provided by B&H to you as listed in the attached Fee Schedule , attached invoice or accepted purchase order (the "Products"). You do not acquire any ownership interest or rights in the Products and associated materials and all such rights and interests remain in B&H and its licensors. This License is granted to you at your principal location for the type(s) of access (whether remote or on-site only), number of simultaneous users and the network configuration specified on the Fee Schedule; additional authorized sites or locations must be listed on the Additional Sites/Member Libraries Schedule.
  b)  You will use the Products solely for your own personal or internal use. You will not publish, broadcast or sell any materials retrieved through the Products or use the materials in any manner that will infringe the copyright or other proprietary right of B&H or its licensors. You may print and make copies of materials retrieved through the Products only as permitted in Section 1 (d) of this Agreement. You represent and warrant to B&H that you will not use the Products or any material retrieved from the Products to create products or perform services which compete or interfere with the publications and services of B&H or its licensors.
  c)  Notwithstanding the previous paragraph, if you represent a public library, educational institution, governmental agency or non-profit institution allowing public access to data and information, then, subject to any special restrictions of the copyright owner, you may provide public access to and retrieval of data and information through the Products by or for walk-in public users while on-site. You will limit such use to the customary services provided to patrons and you will not re-distribute the materials retrieved from the Products or provide access to the Products to other libraries or third parties either directly or indirectly, unless specifically authorized by B&H.
  d)  You may create printouts of materials retrieved through the Products via on-line printing, off-line printing, facsimile, or electronic mail. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials retrieved through the Products shall be for your own internal or personal use. Downloading of all or parts of the Products in a systematic or regular manner so as to create a collection of materials comprising all or part of the Products is strictly prohibited whether or not such collection is in electronic or print form. Notwithstanding the above restrictions, this paragraph shall not restrict your use of the materials under the doctrines of "fair use" or "fair dealing" as defined under the laws of the United States or England, respectively.
  e)  Additional restrictions on your use of the materials retrieved through the Products may be set forth on computer screen displays or in a product specific set of terms and conditions attached as an Addendum to this Agreement. Such restrictions shall not materially alter your use of the Products.
  f)  If your subscription allows you to provide remote access to the Products, you will limit access to the Products to Authorized Users (defined below) through the use of user identification numbers and passwords, IP address verification or other secure method of user verification. You will immediately notify B&H if you believe one or more of your secure access method(s) is being misused. If you authorize fee-per-article access to materials outside your subscription bundle, you are responsible for all charges incurred by users accessing the on-line products through your designated secure access method(s). The term "Authorized User" means: (1) For public libraries: library staff, individual residents of a reasonably defined geographic area in addition to walk-in patrons while on-site; (2) For schools and academic institutions: currently enrolled students, faculty and staff in addition to walk-in patrons and visiting scholars while on-site; and (3) For other types of organizations: employees, independent contractors and other temporary workers while performing duties within the scope of their employment or assignment.
2) Fees and Payments. You will pay the fees for the Products as shown on the applicable Fee Schedule, attached invoice, or accepted purchase order. If you are obtaining access to Products on a fee-per-article basis, B&H may update and supply revised per-article fees to you from time to time. You will pay the fees for the Products within thirty (30) days of your receipt of the B&H invoice.
3) Term and Termination.
  a)  For subscription based Products, this Agreement shall continue until the Expiration Date listed on the Fee Schedule, an attached invoice or an accepted purchase order to this Agreement or, if the subscription is renewed, until the new Expiration Date. In the case of Products for which a one-time license fee is paid for continual or perpetual access to the materials, the license shall terminate only upon your breach of this Agreement. For fee-per-article or other transactional based access, this Agreement will continue until terminated by either party upon at least ten (10) days prior notice to the other. B&H may suspend delivery of Products to you if you fail to comply with your obligations under this Agreement and B&H can pursue any other legal remedy available to it.
  b)  Except for ProQuest® Image Databases (defined below), you may retain the most recent version of the CD-ROMs or tapes supplied to you during your subscription term. You shall destroy all superseded versions of the Products. All use of the CD-ROMs or tapes after subscription expiration is subject to the license granted under this Agreement. If you breach any term of this Agreement, B&H may, in addition to its other legal rights and remedies, terminate the license granted and upon written notice of such termination you shall certify the destruction of all copies of the Product(s) in your possession, including the CD-ROMs or tapes as well as any downloaded copies of the licensed materials or software.
4) ProQuest® Image Databases. (applies only if you are subscribing to a ProQuest® Image Database) "ProQuest® Image Databases" means databases marketed under the ProQuest® brand and provided in tangible medium such as CD-ROM or tape medium, that contain electronically scanned facsimile reproductions of the materials that are in addition to the abstract, index and/or full-text of the materials contained in the database. For CD-ROM Image Databases marketed under the ProQuest® brand, you will download the usage information to the tracking diskette and return the diskette to B&H as requested. Upon expiration or termination of this Agreement, you will return or destroy any ProQuest® Image Databases according to the instructions provided by B&H. You will certify to B&H the return or destruction of ProQuest® Image Databases if requested. If you want to continue to use the ProQuest® Image Databases after expiration of this Agreement , you will have to enter into a separate agreement with B&H.
5) Sitebuilder. (applies only if you are subscribing to SiteBuilder in conjunction with a database subscription). You may use the SiteBuilder wizards, Durable Links™ generation tools, SiteBuilder Link editor and other SiteBuilder tools to create HTML applications that may consist of Web pages, original content and design, proprietary materials, hypertext links to third party materials and Durable Links™ (the "Applications"). "Durable Links™ " are hypertext links containing URL's to documents in the licensed database, and which contain user authentication information, expiration dates, and various other information and that will remain functional until the included expiration date. The security embedded in these links is your responsibility and only on-site users and/or Authorized Users are permitted access to the Application(s) consistent with the database license(s) granted under this agreement. With respect to the original materials and third party materials, you represent that you have all rights necessary to include these materials in the Application(s). If B&H is sued because of these materials in your Application(s), you will indemnify B&H for its costs and damages resulting from such suit. B&H may create and distribute derivative works of the Application(s) provided that B&H obtain any consent necessary to use third party materials including materials proprietary to the students, faculty or staff of your institution.
6) Proprietary Rights. All intellectual property rights, including without limitation, trade secrets, copyrights and patent rights to any software, materials, databases or hardware supplied to you by B&H will remain the sole property of B&H or its licensors, and no title or license right is granted to you except as expressly set forth in this Agreement.
7) Additional Materials. From time to time during the term of this Agreement, B&H may add, delete or modify information, databases, materials, capabilities or services to the Products with or without notice to you. All such information, databases, materials, capabilities and services shall be subject to the terms and conditions of this Agreement at the time they are added to the Products.
8) Hardware and Software.
  a)  B&H may supply software from time to time for use in connection with the Products. B&H may designate that certain hardware and software are capable of operating compatibly with the Products, but such designation means only that the hardware or software appears to meet the necessary requirements of the Products. B&H SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DETERMINING THE COMPATIBILITY OF ANY HARDWARE OR SOFTWARE NOT SUPPLIED BY B&H WITH THE PRODUCTS AND PROVIDES NO WARRANTY WITH RESPECT TO THE OPERATION OF SUCH HARDWARE OR SOFTWARE WITH THE PRODUCTS.
  b)  You are responsible for local telecommunication connections if they are needed and the charges therefor.
9) Limited Warranty and Disclaimer of Warranty. B&H warrants that it has all rights necessary to enter into this Agreement and to provide the Products to you.
    EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE PRODUCTS AND ALL EQUIPMENT AND SOFTWARE PROVIDED BY B&H TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER B&H NOR ANY PROVIDER OF INFORMATION OR SOFTWARE IN THE PRODUCTS WARRANTS THE USE OF THE PRODUCTS OR THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY AS TO THE AVAILABILITY OF THE PRODUCTS , THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THE RESULTS OF LICENSEE'S USE OF THE PRODUCTS, THE SOFTWARE OR THE INFORMATION, EVEN IF ASSISTED BY B&H.
10) Limitation of Liability. THE MAXIMUM LIABILITY OF B&H AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY B&H FROM YOU HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL B&H OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE PRODUCTS OR B&H'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER B&H OR ITS LICENSORS ARE NEGLIGENT.
11) Miscellaneous.
  a)  Assignment. You may not assign this Agreement or any right granted hereunder without the prior written consent of B&H.
  b)  Taxes. You are responsible for any sales, use, VAT, personal property or other local taxes (except those based on B&H's income) or import duties imposed on the Products.
  c)  Waiver. Failure of either party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of such provisions or of the right of such party thereafter to enforce any such or other provisions of this Agreement.
  d)  Interruption of On-Line Products. Neither B&H nor its licensors shall be liable or deemed in default of this Agreement for any failure or delay or interruption in the on-line Products or any failure of any equipment or telecommunications resulting from any cause or circumstance beyond the reasonable control of B&H.
  e)  Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter and supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter. The terms of your Purchase Orders, if any, are for your convenience and do not supersede any term or condition of this Agreement.
  f)  Governing Law. The Agreement shall be construed according to the laws of England and shall not be subject to or governed by the United Nations Convention on Contracts for the International Sale of Goods. You consent to the non-exclusive jurisdiction of courts situated in England in any action arising under this Agreement.
  g)  Effective Date. This Agreement shall be effective on the Subscription Start Date listed on the Fee Schedule, or, for on-line Products, as of the first date on which the Products are provided to you.
Annex 3 - TSO end-user licence

UKOP
LICENCE AGREEMENT
The copyright in this Product and its associated documentation is jointly owned by The Stationery Office Ltd and Bell and Howell Information and Learning ('the Owners'). By subscribing to this product you (an individual or legal entity) agree with the Owners to be bound by the terms of this Agreement which will govern your use of the Product. If you do not accept these terms you may within 14 days of purchase cancel the subscription and together with proof of purchase receive a full refund.

Definitions
In this agreement the following terms will have the following meanings:
'Agreement' means this licence agreement
'Computer' means an IBM-PC compatible computer capable of running Microsoft Windows.
'Data' means UKOP together with any coding or access codes provided.
'Database' means the combination of Data and its interface with the operating Software.
'Network' means any system that allows access to the Product or any part thereof via any form of communications link except by remote telephone access and which contains a method by which the Licensee has full control over the number of users who may have simultaneous access to the Product through the Network.
'Owners' means The Stationery Office Ltd and Bell and Howell Information and Learning
'Product' means the on-line product containing the Database and the Software.
'Software' means the programmes and ancillary files provided by the Owners for the purpose of accessing, searching, retrieving and displaying the data

Licence
You are permitted on a non-exclusive basis:
(1) to use it on a single Computer which is under your control or onto a Network server for the purposes of distribution to one or more other computer(s) on that Network or to effect such distribution;
(2) to transfer the Product from one Computer to another provided it is used on only one computer at any one time;
(3) to make one copy of the Product for back-up purposes only in support of the permitted use. The copy must reproduce and include the Owner's copyright notice;
(4)
(a) Personal users may use the Product for any form of personal research, compilation of bibliographies and catalogues for their own use or for publication as part of other research work.
(b) Booksellers may use the Product for the normal activities of bookselling.
(5) You may print out Data or copy it to a computer disk, provided that such copy is for your own personal use or internal corporate or institutional use only, and provided that such Data is bona fide the results of searching the Database with the Software.

You are not permitted:
(a) except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the software or its associated documentation or user, reproduce or deal in the Product or Software or any part thereof in any way.
(b) to use any access software system to search the Database other than the Software provided under this Agreement.
(c) to reproduce extracts from the Database made pursuant to (7) above in print or other form without the permission of The Stationery Office (excepting such extract quotations as may statutorily be required of you in the normal course of business).

Term
This Agreement is effective until you terminate your subscription or the expiry of your subscription. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Product and its documentation including any Software stored on the hard disk of any computer under your control.

Ownership
Title in the Product remains with the Owners until the subscription is received by the Owners.

The Owners will at all times retain ownership of the Database and Software as recorded on the original product and all subsequent copies thereof regardless of form. This Agreement applies to the grant of the licence contained herein only and not to the contract of sale of the product. The Owner's warranties under this Agreement are available only to the original registered user

Warranties
The Owners warrant that the Product will perform substantially in accordance with its accompanying documentation (provided that the Product is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Product in all material respects. If the Owners are notified of significant errors during the Warranty Period it will correct any such demonstrable errors in the Software or its documentation within a reasonable time or (at its option) provide or authorise a refund (against return of the Product and its documentation).

The above represent your sole remedies for any breach of the Owner's warranties, which are given only to the original registered user.

The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.

The Owners do not warrant that the Product will meet your requirements or that the operation of the Product will be uninterrupted or error-free or that defects in the Product will be corrected. You will use the Product at your own risk and in no event will the Owners be liable to you for any loss or damage of any kind (except persona injury or death resulting from the Owner's negligence) including lost profits or other consequential loss arising from your use or inability to use the Product or from errors or deficiencies in it whether caused by negligence or otherwise except as expressly provided herein. In no event will the Owner's liability exceed the amount paid by you for the Product.

Law
This Agreement shall be governed by and interpreted in all respects by the laws of England and Wales and shall be subject to the jurisdiction of the courts of England and Wales.

If you have any questions concerning this Agreement please write to The Stationery Office, St Crispins, Duke Street, Norwich NR3 1PD


Addendum
Some of the documents in UKOP are Crown copyright and published under licence from the Controller of Her Majesty's Stationery Office.

The end user has no right to:

  1. supply copies of the Crown copyright material to others without the prior written consent of the Controller
  2. publish or sell the Crown copyright material to others without the written consent of the Controller.

The end user may:

  1. view the Crown copyright material insofar as it forms part of an electronic version of the Service on a computer screen
  2. print out onto paper or download onto electronic, magnetic, optical or similar storage media back up copies of any of the Crown copyright material for private reference, research and internal use only.

  
Copyright