User Licence for HLA Data
between
The Historic Environment Scotland [Licensor]
and
Any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website or who accesses material derived from this website [User]
whereby the User wishes to download Licensed Digital Media from the HLA website for their own use.
The parties agree to the following Licence:
Definitions
Licence - the contract between the Licensor and the User which sets out the terms and conditions of use
HLA Website - a web service and website created for public access to data from the Licensor
Personal Use - use by an individual
Educational Use - use by a recognised educational institution or student or member of staff
Commercial Use - use by a company or private trader for purposes involving commercial activity.
Distribution, Distribute - providing any downloaded material to any third party by any means which requires the inclusion of this Licence.
Licensed Digital Media - images, text or data which may be downloaded electronically and stored on a User's computer or electronic device from the HLA website
Commencement Date
The licence commences on the date the User downloads any Digital Media from the Historic Environment Scotland website. Agreement The User agrees to the terms of this licence by completing the online form at the HLA website and clicking the box marked "Accept Licence".
Terms and Conditions of the Licence
Subject to the terms of this licence, The Licensor grants to the User a limited, non-exclusive, non transferrable licence to allow the User to use the Licensed Digital Media for Personal Use Educational Use or Commercial Use.
Fee
There will be no fee for the provision of this data in its downloadable form as provided directly on the HLA Website. Historic Environment Scotland reserves the right to charge a fee if additional services or processing must be carried out at the User's request.
Use
Personal Use is granted in accordance with the terms of this Licence for research, study or personal display and distribution including via the internet.
Educational Use is granted in accordance with the terms of this Licence for research, study and institutional display and distribution. The user and the user's staff, students, readers or visitors may create documents or publications for internal institutional use and for sharing and storing on a an internet service provided by the educational institution.
Commercial Use is granted in accordance with the terms of this Licence for research, study and company display and distribution. The User and the User's staff, contractors and visitors may create documents or publications for Commercial Use and for sharing and storing on a an internet service provided by the company.
User Obligations
The User shall not:
• sell, resell, or sub-license the Licensed Digital Media
• amend the licence in any way
The User may
• Distribute to a third party or third parties
• charge third parties for value added services provided using the data but no charge must be made for the supply of the data
The User must
• display this licence alongside the data and pass this licence to any third party recipient.
The User shall not use or exploit the Licensed Digital Media or any part thereof save in accordance with this Licence. All rights in relation to the Licensed Digital Media not expressly granted to the User under this Licence are reserved to the Licensor.
Indemnification
The User shall indemnify the Licensor on demand and keep the Licensor fully indemnified from and against all actions, proceedings, claims, demands, costs and damages arising directly or indirectly as a result of breach or non-performance by the User of the obligations under this Licence.
Legal Framework
This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
