Registers of Scotland Licence Agreement: Terms and Conditions

1. General Provisions

1.1 Registers of Scotland (also referred to as “RoS”) agrees to supply data to [insert name of company] (also referred to as “you” and “your” within this Licence Agreement) [for the provision of the following service/as a Customised Report, as follows]:

[Insert details of service or customised report, including delivery terms, termination or review dates, etc](also referred to as “the Data”)

[For web services the following shall be included in the description of the service: This licence grants you the following non-exclusive rights:

To reproduce the Data in a computer-readable form on your Website
To link your Website to the Internet so that it may be accessed by your customers (subject to the copyright statements in Clause 2 below)
To charge your customers for access to the Data
To publish reports and hardcopy publications using the information contained in the Data (subject to the conditions of Clause 3 below)]

1.2 Any changes or additions to the agreed use of the Data should be discussed with and approved by RoS prior to the introduction of that change or addition. Any changes shall be agreed in writing between RoS and you.

1.3 RoS does not guarantee the completeness or accuracy of the Data provided to you in the [Land Values report/Sales for Consideration report/customised report] or that the Data will be fit for your particular purpose. RoS does not accept any liability for any losses incurred by you or any third party as a result of your or their reliance on the Data provided to you.

1.4 While every endeavour will be made to meet the delivery terms noted above, RoS cannot guarantee that delivery terms will be met on every occasion. However, every reasonable endeavour will be made to provide the data to you as near as possible to the delivery terms. No compensation or damages will be due to you under any circumstances.

1.5 The [Land Values data/Sales for Consideration data/customised report] is provided for your exclusive use and will not be published, assigned or sold on in any way [except as indicated within the agreed use shown above]. This exclusive use also applies to your contractors or agents, provided that they are undertaking work on your behalf that is directly related to the internal administration and operation of your business or organisation. Any such contractor or agent will also be subject to all the conditions contained in this Licence. Any contractor or agent doing work for you that involves access to the Data must delete the Data from their records on termination of their contract with you.

1.6 RoS must be advised of the domain names of all websites (if any) created by you using RoS data. RoS must be provided with a user name and password to access your websites, if required, and will incur no charge for this access. This access will only be used for the purposes of confirming the appropriate use and presentation of RoS data.

1.7 Point of contact details (name, address, telephone number and e-mail address) should be provided to RoS and kept up-to-date at all times.

1.8 You will be the first point of contact for your customers if there are any queries about RoS data used in services provided by you. All websites (if any) and other services provided by you should contain point of contact details for customers. If necessary, any queries can then be channelled to RoS via your point of contact.

2. Copyright Notes and Disclaimers for use with Registers of Scotland Data

2.1 Material produced by officers or servants of the Crown in the course of their duties is protected by Crown Copyright. Her Majesty The Queen is the first owner of all Crown copyrights. Her Majesty The Queen also owns the database rights in Crown-produced databases.

2.2 The Queen’s Printer for Scotland has been appointed by Her Majesty The Queen to control and administer Crown-owned copyrights and Crown database rights created by Crown authorities in Scotland on Her behalf. RoS has received authority from the Queen’s Printer for Scotland to issue licences for Crown copyright material produced by RoS.

2.3 The following copyright statements should be used on any product created using RoS data. Any amendments or additions to the notes should be confirmed first with RoS’s Business Development section.

[Name of Company] provides this Registers of Scotland data "as is." The burden for fitness of the data relies completely with the user and is provided for informational purposes only. No warranty, express or implied, is given relating to the accuracy of content of the Registers of Scotland data and [Name of Company] does not accept any liability for error or omission.

Registers of Scotland allows [Name of Company] to reproduce in any format or medium and free of charge the data provided by Registers of Scotland to [Name of Company] but only for research, private study or for internal circulation within an organisation. This is subject to it being reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright.

This data must not be used for commercial purposes, nor copied, distributed, sold or published in any way. For any other use of this material, please apply to the Registers of Scotland for a licence, either online at www.ros.gov.uk, by e-mail to business.development@ros.gov.uk or by writing to Business Development, Registers of Scotland, Meadowbank House, 153 London Road, Edinburgh EH8 7AU.

2.4 The intellectual property rights pertaining to the data provided to you remain vested in RoS under its delegated authority from the Crown. “RoS” and its logos are registered trademarks of RoS. You do not have the right to use or reproduce these without our prior written authorisation.

3. Data Protection

3.1 Please note that, while RoS provides data within the current legal framework, it is the responsibility of the companies and individuals purchasing data to ensure that they comply with the Data Protection Act 1998. Advice on Data Protection issues and your legal obligations in relation to handling personal information can be obtained from the Information Commissioner’s Office (http://www.ico.gov.uk)

3.2 For the avoidance of doubt, where the data provided by RoS includes individuals’ names, the protection of personal data will prevent the full publication of names and associated addresses on a public facing web service, and will prevent the resale of any personal data to third parties, except where allowed for within the agreed use specified in Clause 1.1.

3.3 You will not use the Data for direct marketing, advertising or promoting a particular product or service, or in any way that could imply endorsement by RoS, or in any way that could affect the integrity of the Registers kept by us or our reputation or any of our existing services and any existing contractual commitments or generally in a manner which is likely to mislead others.

3.4 You will use all reasonable endeavours to ensure that adequate security is in place to safeguard the Data provided by RoS from unauthorised access.

4. Prices, Invoices and Payment Arrangements

4.1 The following fee will be charged for the provision of RoS data:

[insert fee]

4.2 This fee will be charged [in advance] on a [monthly/quarterly/annual/one-off] basis. An invoice will be issued by RoS. This invoice should be paid by cheque (or credit card) within 30 days.

4.3 All payments will be subject to VAT at the appropriate rate.

4.4 Fees will be reviewed on a periodic basis.

5. Termination

5.1 Subject to clause 5.2, both parties have the right to terminate this Licence at any time upon written notice to that effect. Specifically, RoS reserves the right to terminate or alter the Licence if the Information Commissioner or other competent authority notifies RoS that the Data should not be provided in its current form. Every endeavour will be made to ensure that an alternative service is provided that is acceptable to all parties and to the Information Commissioner or other competent authority.

5.2 RoS will provide 28 days’ notice if the service is to be withdrawn or altered in any way.

5.3 RoS will have no liability for any loss of income resulting from any changes to or termination of the service provided in this Licence agreement.

5.4 If there is any infringement of the Terms and Conditions noted above RoS will serve written notice upon you to rectify the infringement. If rectification is not done to the satisfaction of RoS within 28 days of the date of said notice, RoS reserves the right to terminate this Licence.

5.5 If this Licence is terminated for any reason, you will remain liable for any fees outstanding at the time of termination.

6. Governing Law

This Licence Agreement is made under the laws of Scotland and comes under the exclusive jurisdiction of the Scottish courts.

Signed on behalf of Registers of Scotland by: …………………………
Full Name (In Capitals) ………………………….
Title …………………………..
Date ……………

I confirm that [Name of Company] will comply with the above Terms and Conditions governing the use of the Data supplied by Registers of Scotland.

Signed on behalf of [Name of Company] by: …………………………
Full Name (In Capitals) ………………………….
Title …………………………..
Date ……………

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