Digimap: Ordnance Survey Data Sub-licence Agreement

THE HIGHER EDUCATION FUNDING COUNCIL FOR ENGLAND ("HEFCE"), a body corporate established under The Further and Higher Education Act 1992 whose principal place of business is at Northavon House, Coldharbour Lane, Bristol BS16 1QD,
OFFERS to you, the Sub-Licensee, the permission to access and use the Licensed Work and Digital Maps on the terms and conditions as set out in this Sub-Licence. Upon completing and returning the enclosed Acceptance of Sub-Licence Form, your institution will become a non-exclusive Sub-Licensee of HEFCE.
Acceptance shall be by delivery of a completed copy of the Acceptance of Sub-Licence Form attached hereto to the Joint Information Systems Committee ("JISC") or a JISC authorised agent who will accept delivery on behalf of HEFCE. Acceptance shall be acceptance of all terms of this Sub-Licence. In the event that no or partial compliance is made as to the manner or form described for acceptance, no sub-licence will be granted and this offer is deemed withdrawn.

RECITALS

WHEREAS the Ordnance Survey Data comprises the following products: OS MasterMap® - Topographic Layer, OS MasterMap® - Integrated Transport Network Layer, Land-Line.Plus®, 1:10 000 Scale Colour Raster, 1:25 000 Scale Colour Raster, 1:50 000 Scale Colour Raster, 1:50 000 Scale Gazetteer, Strategi®, Meridian 2™, Code-Point®, Code-Point® with polygons, Land-Form PROFILE® - contours & Digital Terrain Mapping  and Land-Form PANORAMA™ - contours & Digital Terrain Mapping ("Licensed Work");

AND WHEREAS the Ordnance Survey Data and all Intellectual Property Rights (as hereafter defined) therein are owned by or licensed to the Secretary of State (acting through Ordnance Survey) ("Ordnance Survey");

AND WHEREAS by an agreement between Ordnance Survey and HEFCE (the "Ordnance Survey Data Supply and Licence Agreement"), HEFCE is permitted to sub-license the access and use of Ordnance Survey Data to the Sub-Licensees in accordance with the terms of this Sub-Licence;

AND WHEREAS HEFCE has delegated certain duties and obligations relating to this Sub-Licence to JISC. JISC will act as the point of contact and will oversee and co-ordinate the licensing process with the Sub-Licensees;

HEFCE AND THE SUB-LICENSEE AGREE AS FOLLOWS:

1. DEFINITIONS

1.1 In this Sub-Licence, the following expressions shall have the following meanings:

"Authorised Users"

means individuals who are registered with the Sub-Licensee and the appointed Datacentre from time to time in accordance with the procedure as set out in Appendix 3 and have been authorised by the Sub-Licensee to access the Sub-Licensee's electronic information services whether on-site or off-site via Secure Authentication and who are affiliated to the Sub-Licensee as a current student, faculty member or employee of the Sub-Licensee. Persons who are not a current student, faculty member or an employee of the Sub-Licensee, but who are permitted to access the Sub-Licensee's electronic information services whilst involved in teaching, education or research at an Institution or who are a current student of an Institution ("Walk-In Users") are also deemed to be Authorised Users, only for the time they are within the Library Premises.

"Crown Copyright Fee"

means the fee payable to Ordnance Survey by the Sub-Licensee for use of digital data which are still in copyright to the Crown as set out in Appendix 1.

"Commercial Use"

means the use of the whole or parts of the Licensed Work and Digital Maps for any reason which generates a profit.

"Datacentre"

means a datacentre appointed from time to time by HEFCE.

"Digital Data"

means that part of the Licensed Work that will be made available via Secure Authentication as digital data and not as Digital Maps.

"Digital Maps"

means any or all of the maps created by a Datacentre from the Licensed Work to be used in a Service provided by a Datacentre.

"Educational Purposes"

means for the purpose of education, teaching, distance learning, private study and/or research.

"Fee"

means the fee as set out in Appendix 1.

"Institution"

means a higher or further education institution in the UK whose name appears on the most up to date list of higher and further education institutions found on line at http://www.jisc.ac.uk/coll_allbanding.html

"Intellectual Property Rights"

means patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.

"Library Premises"

means the physical premises of the library or libraries operated by the Sub-Licensee.

"Licensed Work"

means the collection of Ordnance Survey's digital data products known to the parties as "Ordnance Survey Data" comprising the products as listed in Appendix 2 and such other Ordnance Survey data products as HEFCE and Ordnance Survey may agree from time to time.

"Service"

means a service provided by HEFCE or any Datacentre acting on its behalf such as but not limited to Digimap.

"Secure Authentication"

means access by Athens authentication, Internet Protocol ("IP") ranges or by a username and password or by another means of authentication agreed between Ordnance Survey and HEFCE from time to time.

"Secure Network"

means a network which is only accessible by Secure Authentication.

"Sub-Licensee"

means the sub-licensee whose details are set out in the Acceptance of Sub-Licence Form attached hereto and made a part hereof.

"Use"

means viewing, copying, adaptation, reproduction, manipulation or modification of the Digital Data to create customised maps and models and any further use of such customised maps and models by Authorised Users in accordance with Clauses 3 and 4 of this Sub-Licence Agreement.

1.2 Headings contained in this Sub-Licence are for reference purposes only and shall not be deemed to be an indication of the meaning of the clause to which they relate.

1.3 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.

2. GRANT OF SUB-LICENCE

2.1 The Sub-Licensee agrees to pay the Fee set out in Appendix 1, in consideration of which HEFCE agrees to grant to the Sub-Licensee a non-exclusive revocable sub-licence to access and use the Licensed Work and Digital Maps and to allow Authorised Users to access and use the Licensed Work and Digital Maps throughout the term of this Sub-Licence by Secure Authentication for Educational Purposes only

3. USE OF THE LICENSED WORK(S)

3.1 Subject to the provisions of Appendices 3 and 4, throughout the term of this Sub-Licence the Sub-Licensee may for Educational Purposes only:

3.2 Nothing in this Sub-Licence shall constitute a waiver of any statutory right available and held by the Sub-Licensee and/or Authorised Users from time to time under the Copyright, Designs and Patents Act 1988 or any amending legislation.

4. RESTRICTIONS

4.1 Save as provided herein, the Sub-Licensee and Authorised Users may not:

4.2 This Clause shall survive termination of this Sub-Licence for any reason.

5. RESPONSIBILITIES OF THE SUB-LICENSEE

5.1 The Sub-Licensee will:

6. RESPONSIBILITIES OF HEFCE

6.1 HEFCE shall use all reasonable efforts to ensure access and use of the Licensed Work in accordance with the provisions as laid down in this Sub-Licence.

6.2 HEFCE shall use all reasonable efforts to cause customer support services to be provided to the Sub-Licensee and to Authorised Users.

7. USAGE DATA

7.1 The parties shall co-operate in gathering any data on usage of the Licensed Work that is available to them during the term of this Sub-Licence, and shall provide such data to each other upon request.

8. FEE

8.1 The Sub-Licensee shall pay an annual fee to HEFCE for the Sub-Licence in the amount and upon terms set out in Appendix 1.

9. TERM AND TERMINATION

9.1 The term of this Sub-Licence will commence upon the date of signature and will remain in full force and effect until 31st July 2007, unless terminated earlier as provided for in this Clause 9.

9.2 Either party may terminate this Sub-Licence at any time on the material breach or repeated other breaches by the other of any obligation on its part under this Sub-Licence by serving a written notice on the other identifying the nature of the breach. The termination will become effective thirty days after receipt of the written notice unless during the relevant period of thirty (30) days the defaulting party remedies the breach.

9.3 Notwithstanding anything to the contrary herein, this Sub-Licence will automatically terminate if the Ordnance Survey Data Supply and Licence Agreement between Ordnance Survey and HEFCE terminates for any reason. HEFCE shall make reasonable endeavours not to cause the Ordnance Survey Data Supply and Licence Agreement between Ordnance Survey and HEFCE to terminate.

9.4 Further, notwithstanding anything to the contrary herein, upon a breach by the Sub-Licensee, on-line access to the Licensed Work and Digital Maps shall be terminated.

9.5 Upon termination of this Sub-Licence, copies of parts of Digital Maps made by the Sub-Licensee or Authorised Users may be retained and used subject to the terms of Clauses 3 and 4 of this Sub-Licence, which terms shall survive any termination of this Sub-Licence.

9.6 Upon termination of this Sub-Licence, and only if requested by HEFCE, all electronic copies of the Digital Data within the possession or control of the Sub-Licensee shall be deleted within thirty (30) days of such request and the Sub-Licensee shall confirm such deletion to HEFCE. The Sub-Licensee shall also use its reasonable endeavours to procure that any electronic copies of the Digital Data within the possession or control of the Authorised Users are also destroyed within the said period of thirty (30) days. For the avoidance of doubt, printed copies of the Digital Data may be retained and used subject to the terms of Clauses 3 and 4 of this Sub-Licence.

10. ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

10.1 The Sub-Licensee acknowledges that all Intellectual Property Rights in the Licensed Work and Digital Maps (save for the Intellectual Property Rights in the software used by a Datacentre in the creation of Digital Maps and any Intellectual Property Rights in any Service or Open Access Service provided by a Datacentre other than the Licensed Work and Digital Maps themselves) are the sole and exclusive property of Ordnance Survey or are duly licensed to Ordnance Survey and that this Sub-Licence does not assign or transfer to the Sub-Licensee any right, title or interest therein except for the right to use the Licensed Work and Digital Maps in accordance with the terms and conditions of this Sub-Licence.

11. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

11.1 The Sub-Licensee represents and warrants that it has sufficient authority to enter into and perform its obligations under this Sub-Licence.

11.2 HEFCE makes no representation or warranty, and expressly disclaims any liability with respect to the content of the Licensed Work and Digital Maps, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. It is expressly agreed that any use by the Sub-Licensee or by any Authorised Users of the Licensed Work and Digital Maps is at the Sub-Licensee's sole risk.

11.3 The Sub-Licensee agrees to notify Ordnance Survey and HEFCE including the Datacentre acting on behalf of HEFCE immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Work and Digital Maps. It is expressly agreed that upon such notification, or if Ordnance Survey becomes aware of such a claim from other sources, Ordnance Survey may remove such work(s) from the Licensed Work and Digital Maps. At the request of Ordnance Survey, the Sub-Licensee will remove such work(s) from any copies of the Licensed Work and Digital Maps maintained by the Sub-Licensee and shall make reasonable efforts to remove such works from any copies of the Licensed Work and Digital Maps in the possession or control of the Authorised Users. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement.

11.4 To the extent permitted by law, HEFCE shall not be liable to the Sub-Licensee for any loss or damage including any loss of profits, goodwill, contract or any indirect or consequential loss including loss or damage suffered by the Sub-Licensee as a result of an action brought by a third party.

11.5 The Sub-Licensee shall fully indemnify HEFCE against all claims, demands, actions, costs, expenses (including but not limited to full legal costs and disbursements), losses and damages arising from or incurred by reason of any default, act or omission of the Sub-Licensee or its Authorised Users connected with any infringement or alleged infringement (including but not limited to the defence of such alleged infringements) of any Intellectual Property Rights enforceable in the United Kingdom in connection with the subject matter of this Agreement.

11.6 The Licensed Work and Digital Maps is provided on an "as is" basis, and HEFCE disclaims any and all warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Work and Digital Maps or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. HEFCE further expressly disclaims any warranty or representation to Authorised Users, or to any third party. HEFCE accepts no liability for loss suffered or incurred by the Sub-Licensee or Authorised Users as a result of their reliance on the Licensed Work and Digital Maps.

11.7 The Sub-Licensee represents to HEFCE that its computer system through which the Licensed Work and Digital Maps will be used is configured, and procedures are in place, to prohibit access to the Licensed Work and Digital Maps by any person other than an Authorised User; that it shall inform Authorised Users about the conditions of use of the Licensed Work and Digital Maps; and that during the term of this Sub-Licence, the Sub-Licensee will continue to make all reasonable efforts to bar non-permitted access and to convey appropriate use information to its Authorised Users.

12. FORCE MAJEURE

12.1 Either party's failure to perform any term or condition of this Sub-Licence as a result of circumstances beyond the control of the relevant party (including without limitation, war, strikes, flood, governmental restrictions, and power, telecommunications or Internet failures or damages to or destruction of any network facilities) ("Force Majeure") shall not be deemed to be, or to give rise to, a breach of this Sub-Licence.

12.2 If either party to this Sub-Licence is prevented or delayed in the performance of any of its obligations under this Sub-Licence by Force Majeure and if such party gives written notice thereof to the other party specifying the matters constituting Force Majeure together with such evidence as it reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue, then the party in question shall be excused the performance or the punctual performance as the case may be as from the date of such notice for so long as such cause of prevention or delay shall continue.

13. ASSIGNMENT

13.1 Neither this Sub-Licence nor any of the rights and obligations under it may be assigned or sub-licensed by the Sub-Licensee without obtaining the prior written consent of HEFCE, such consent not to be unreasonably withheld or delayed. In any permitted assignment, the assignor shall procure and ensure that the assignee shall assume all rights and obligations of the assignor under this Sub-Licence and agrees to be bound to all the terms of this Sub-Licence.

13.2 Notwithstanding the provisions of Clause 13.1, this Sub-Licence may not be assigned by the Sub-Licensee to any organisation that is not an Institution.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 This Sub-Licence shall be governed by and construed in accordance with English law and the parties irrevocably agree that any dispute arising out of or in connection with this Sub-Licence will be subject to and within the jurisdiction of the English courts.

14.2 Where the parties agree that a dispute arising out of or in connection with this Sub-Licence would best be resolved by the decision of an expert, they will agree upon the nature of the expert required and together appoint a suitable expert by agreement. In default of agreement upon whom to appoint as a suitable expert, such expert shall upon the request of either party be appointed by the Chair for the time being of the Committee of Vice-Chancellors and Principals.

14.3 Any person to whom a reference is made under Clause 14.2 shall act as expert and not as an arbitrator and his decision (which shall be given by him in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud.

14.4 Each party shall provide the expert with such information and documentation as he may reasonably require for the purposes of his decision.

14.5 The costs of the expert shall be borne by the parties in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by the parties in equal proportions.

15. NOTICES

15.1 All notices required to be given under this Sub-Licence shall be given in writing in English and sent by electronic mail, fax or first class registered or recorded delivery to the relevant addressee at its address set out below, or to such other address as may be notified by either party to the other from time to time under this Sub-Licence, and all such notices shall be deemed to have been received (a) 24 hours after successful transmission in the case of electronic mail or fax; (b) fourteen (14) days after the date of posting in the case of first class registered or recorded delivery:

if to HEFCE: Executive Secretary of JISC
HEFCE
Northavon House
Coldharbour Lane
Bristol
BS16 1QD
Fax: 0117 931 7255
Email: j.harrison@jisc.ac.uk

if to Ordnance Survey: External Research and University Liaison
Research & Innovation C530
Ordnance Survey
Romsey Road
Southampton
SO16 4GU
Fax: 023 8030 5072
Email: universityenquiries@ordnancesurvey.co.uk

if to the Sub-Licensee [As stated in the Acceptance of Sub-Licence Form]

16.1 This Sub-Licence and its Appendices constitute the entire agreement between the parties relating to the Licensed Work and supersede all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and may not be amended or modified except by agreement of both parties in writing.

16.2 The Appendices shall have the same force and effect as if expressly set in the body of this Sub-Licence and any reference to this Sub-Licence shall include the Schedules.

16.3 Ordnance Survey may enforce the terms of this Agreement subject to and in accordance with the terms of this Sub-Licence and the provisions of the Contract (Rights of Third Parties) Act 1999, as amended or substituted from time to time.

16.4 The invalidity or unenforceability of any provision of this Sub-Licence shall not affect the continuation in force of the remainder of this Sub-Licence.

16.5 The rights of the parties arising under this Sub-Licence shall not be waived except in writing. Any waiver of any of a party's rights under this Sub-Licence or of any breach of this Sub-Licence by the other party shall not be construed as a waiver of any other rights or of any other or further breach. Failure by either party to exercise or enforce any rights conferred upon it by this Sub-Licence shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

APPENDIX 1 - FEE AND PAYMENT TERMS

By returning a signed copy of this Sub-Licence, the Sub-Licensee accepts that it must pay the total Fee applicable to their institution over the whole term of this Sub-Licence. HEFCE through JISC will invoice the Sub-Licensee annually for the applicable Fee as set out below. All Fees are exclusive of VAT, which will be payable where applicable.

* Subscription fees will increase by the RPI for the applicable year. Invoices shall be due and payable no later than thirty (30) days after being issued by JISC or a JISC authorised agent. In addition, the Sub-Licensee accepts that it must pay an annual Crown Copyright Fee of £300 which shall be payable directly to Ordnance Survey. An invoice will be issued by Ordnance Survey directly to the Sub-Licensee.

A copyright licence application form is available from the Ordnance Survey Copyright web pages at:
http://www.ordnancesurvey.co.uk/business/copyright/20087_1101_example.pdf

Completed licences should be sent to Ordnance Survey:

Customer Service Centre
Ordnance Survey
Romsey Road
Southampton
SO16 4GU
Telephone: 023 8030 5030
Fax: 023 8079 2615

APPENDIX 2: LICENSED WORK

The Licensed Work consists of the following products:

• OS MasterMap®- Topographic Layer (this product is not currently available but it is the intention that it will be by September 2007)
• OS Mastermap®- Integrated Transport Network Layer (this product is not currently available but it is the intention that it will be by September 2007)<
• Land-Line.Plus®
• 1:10 000 Scale Colour Raster
• 1:25 000 Scale Colour Raster
• 1:50 000 Scale Colour Raster
• 1:50 000 Scale Gazetteer
• Strategi®
• Meridian 2™
• Code-Point®
• Code-Point® with polygons
• Land-Form PROFILE®-contours & Digital Terrain Mapping
• Land-Form PANORAMA™ - contours & Digital Terrain Mapping

APPENDIX 3 - Security Requirements

The security requirements for the supply by a Service and use of the Licensed Work and Digital Maps in Authorised Institutions under the terms of this Agreement are set out below.

1. Overall Objectives

• To ensure that only Authorised Users are allowed to use the Licensed Work and Digital Maps.
• To ensure that Authorised Users are aware of the terms of use of the Licensed Work. and Digital Maps
• To ensure that use of the Licensed Work and Digital Maps can be monitored traced and analysed
• To ensure that outputs generated from the Licensed Work and Digital Maps can be identified.

2. HEFCE's Responsibilities

2.1 HEFCE will ensure that the Datacentre will fulfil the security objectives set out in paragraph 1 above.

2.2 HEFCE will ensure that the Datacentre appoints a Responsible Officer for the security of the Licensed Work and Digital Maps at the Datacentre and for ensuring that the defined security procedures consistent with meeting the objectives at paragraph 1 are implemented and applied within Authorised Institutions. The name of the Datacentre Responsible Officer will be notified to the Sub-Licensee together with a nominated deputy on an annual basis.

3. Datacentre's Security Role

The Datacentre will, save as provided herein:

• Establish roles and responsibilities within the Sub-Licensee to apply and to keep records of the individuals fulfilling these roles.
• Implement an incidents procedure in the event of mis-use of the Licensed Work and Digital Maps being discovered.

4. Subscription

4.1 A Sub-Licensee wishing to access and use the Licensed Work and Digital Maps will be required to:

• Formally appoint and identify a Site Representative(s) who will be responsible for the Licensed Work and Digital Maps
• Formally appoint and identify a Responsible Officer for Data Security
• Formally appoint and identify a Deputy Responsible Officer for Data Security

4.2 The roles of the Site Representative(s) and Security Officers will be as follows:

• Site Representative(s) - will be the contact for the Service within the Authorised Institution. They will be responsible for countersigning any documentation relating to user activities, where required. They will also be responsible for general promotion of the service and support for the service relating to local infrastructure and procedures. It may be convenient for some Authorised Institutions to have more than one representative, particularly where the Authorised Institution is located across more than one site. In such cases however each Site Representative will need to be nominated formally by the Authorised Institution. The maximum number of Site Representatives is not expected to exceed 5.
• Responsible Officer for Data Security (and Deputy) - will take responsibility for ensuring the observance of the conditions for use of the Licensed Work and Digital Maps under the terms of this Agreement by all Authorised Users of their Authorised Institution. They have a duty to report to the Datacentre any suspected security weaknesses of the Service provided by that Datacentre and to advise the Datacentre immediately of any actual incidences of misuse of the Licensed Work and Digital Maps.

4.3 The Datacentre will maintain a current list of Site Representatives and Responsible Security Officers (and Deputies) together with their signatures and contact addresses. The Datacentre will provide this list to Ordnance Survey annually in October.

5. User Registration

5.1 Authorised Institution will be required to:

• Ensure that only Authorised Users under the terms of this Agreement have access to the Licensed Work and Digital Maps
• Require Authorised Users to hold a personal Athens account
• Where class registration is needed, require each member of the class to sign a class registration form, and to identify the Athens accounts to be used for class registration
• Require the class lecturer to be the Responsible Officer for use of the Licensed Work and Digital Maps under class registration
• Identify which of the Athens accounts is to be allocated to the class lecturer nominated as the Responsible Officer for class registration
• Require each class registration to be terminated after 3 months

5.2 Authorised Users will be required to personally register for access to the Licensed Work and Digital Maps using a web-based form

5.3 Data collected under the registration system is done so in accordance with the Data Protection Act. Users will be made aware that information is stored about them and their usage of the Licensed Work and Digital Maps.

5.4 On receipt of a personal user registration application or class registration form, the Datacentre will check the details submitted and record users details onto a master User Database.

5.5 The Datacentre will re-affirm the validity of Authorised Users contained in the User Database each year by e-mailing them individually should they not access the service after a period of 12 months. If the Authorised User fails to respond within a given period (no longer than 1 month), access to the Licensed Work and Digital Maps will be terminated.

6. Training and Information

6.1 The Datacentre will run a scheme of training for Site Representatives and Responsible Officers for Security at Authorised Institutions. The training will provide information on Authorised User Registration procedures, security of the Licensed Work and Digital Maps, the usage of Licensed Work and Digital Maps permitted under the Agreement and copyright arrangements.

6.2 The Datacentre will promote the availability of these courses widely across the higher education community and encourage Authorised Institutions to nominate relevant staff to attend. This activity will be ongoing throughout the period the Datacentre is contracted to manage the secure distribution and use of the Licensed Work and Digital Maps.

6.3 In order to re-enforce good practice amongst the users of the Licensed Work and Digital Maps at the Sub-Licensee, the Datacentre will develop and implement procedures as part of their delivery systems and /or within the the Sub-Licensee that: -

• Display the copyright terms and conditions that apply to use of the Licensed Work and Digital Maps whenever an Authorised User logs on to the Service.
• Ensures that Authorised Users are required to read and accept the terms of Use for the Licensed Work and Digital Maps as part of the registration service.
• Provide ready access to a Terms of Use summary for all Authorised Users accessing the Licensed Work and Digital Maps.
• A copy of the Terms of Use summary are supplied with all copies of the Licensed Work and Digital Maps supplied to the Sub-Licensee.

7. Access Control to the Service

7.1 The Datacentre will, save as provided herein:

• Ensure only Authorised Users can have access to the Licensed Work and Digital Maps.
• Ensure that Authorised Users are only given access to those parts of the Licensed Work and Digital Maps and the Service to which they are eligible.

7.2 Access to the Licensed Work and the Digital Maps will be authorised by the Athens Access Management System. The Sub-Licensee is required to record authorisation for its users in Athens. Individual Authorised Users will also be required to register with the Datacentre in order to access the Licensed Work and Digital Maps.

7.3 On having been given access to the Service, the system is required to display a document setting out copyright terms and conditions for use of the Licensed Work and Digital Maps. The Authorised User will be required to indicate acceptance of these terms and conditions before being given access to the Licensed Work and Digital Maps.

7.4 The Datacentre access system will be required to check that the Authorised User has correctly logged into the Service whenever that Service is accessed. lf the check is not positive then the Authorised User will be prompted to provide their username and password which will then be authenticated in accordance with paragraph 7.2 above. This ongoing checking process is required to ensure that bookmarking the Datacentre's Service does not by-pass the Authorised User authentication access controls.

7.5 The Datacentre access system will be required to provide specific access controls to each of the levels of Service provided including:

• The Licensed Work and Digital Maps provided under the terms of the Sub-Licence
• Support information provided for the benefit of Site Representatives and Responsible Officers for security of the Licensed Work and Digital Maps
• The types of service available from the Licensed Work and Digital Maps such as:
  • Data download.
  • Digital Maps generated from the Licensed Work and Digital Maps.

7.6 The Datacentre access system will be required to provide an automatic cut-out that will disconnect the Authorised User from access to the Licensed Work if they do not interact with the Service for a period of 20 minutes. Where such a cut-out occurs, before the Service can be accessed again, the system will require user details to be re-authenticated in accordance with paragraphs 7.2 and 7.3 above.

7.7 Downloading data. The Datacentre will:

• Ensure that only the Authorised User who has requested the Licensed Work and Digital Maps in data form is able to download it.
• Ensure that these procedures can offer a secure environment for data downloaded through FTP including a time limit for the period that the data is available for FTP download. This period must not exceed 3 days.

8. Identifying maps and data

8.1 The Datacentre will:

• Watermark all screen images of mapping generated from the Licensed Work and Digital Maps and annotate the image with a standard crown copyright statement that will appear along the bottom edge of the image.
• Watermark all hard copy map images printed from the Licensed Work and Digital Maps and reproduce a crown copyright acknowledgement along the bottom edge of the map area.
• On all hard copy map images printed from the Licensed Work and Digital Maps include the Authorised User's name and the date of image production.
• Identify the Datacentre as the source for any of the Licensed Work and Digital Maps products supplied in data form to Authorised Users along with the Authorised User name and the date the Licensed Work and Digital Maps was requested for downloading. This information is to be written into each data file.

9. Logging user activity

9.1 The Datacentre will log and monitor the use of the Licensed Work and Digital Maps by Authorised Users as follows:

• To record individual Authorised User activity for audit purposes by the Datacentre, and/or Ordnance Survey
• To identify individual Authorised User activity by hard copy map extracts and data download
• To make Site Representatives aware of the pattern of usage within the Sub-Licensee
• To make Site Representatives and the Sub-Licensee
• To make Authorised Users aware of any unauthorised use of their Athens account
• To make the Datacentre aware of any unusual patterns of usage of the Licensed Work and Digital Maps either by individual Authorised Users or by Sub-Licensees
• Save as provided in Clause 5.2.8, to record the transfer of data downloaded to an Authorised User from one Sub-Licenseeto another Authorised User at another Authorised Institution

9.2 All logs of use of the Licensed Work and Digital Maps will be retained and made accessible by the Datacentre to Ordnance Survey and/or the HEFCE and/or Site Representatives for a rolling period of 5 years. In accordance with the Data Protection Act users will be notified that their use of the Licensed Work and Digital Maps is monitored and recorded.

10. Incident Procedures

10.1 Reporting of Incidents

10.2 Classification of Security Incidents

The Datacentre will be required to identify an incident under one of two categories as follows:

• Major Incident - A failure to comply with the licence conditions of the Licensed Work and Digital Maps that raises significant doubts as to the adequacy of measures within a Sub-Licensee to protect the availability, integrity, correct usage or supply of elements of the Licensed Work and Digital Maps to Authorised Users only e.g. a systematic failure to acquaint users of the Licensed Work and Digital Maps with the terms of use and an environment which fails to provide the necessary checks and balances required under the terms of the licence for supply of the Licensed Work and Digital Maps.
  
  
• Minor Incident - An isolated case in which some aspect of licence conditions was not fulfilled by a Sub-Licensee or Authorised User that raises some doubts as to the adequacy of the measures to protect the availability, integrity, correct usage or supply of the Licensed Work and Digital Maps to Authorised Users only e.g. an isolated incident of misuse of the Licensed Work and Digital Maps due to an Authorised User's misinterpretation of the terms of the licence agreement between HEFCE and the Sub-Licensee.

10.3 Resolution of Incidents

Minor Incident

• When a minor security incident is identified, the Responsible Officer for Data Security at the relevant Sub-Licensee will report the details to the Datacentre where it will be logged in the Security Incident Log. The Responsible Officer for Data Security at the Sub-Licensee will in consultation with the Site Representative and the Datacentre as necessary draw up and initiate a corrective action plan.
• The Datacentre will insist on regular reports from the Responsible Officer until the action plan to rectify the incident has been completed.
• On completion the Responsible Officer will notify the Datacentre and the incident will be recorded as closed in the Security Incident log. A copy of the full Incident Log entry will be sent to Ordnance Survey for information.
• When the Responsible Officer for Data Security at a Sub-Licenseeis unable to draw up a practical action plan to resolve the security incident to the satisfaction of the Datacentre, and in a reasonable time scale, the Datacentre will immediately inform Ordnance Survey.
• Ordnance Survey and the Datacentre will then decide whether to escalate the incident to Major or to provide the Responsible Officer and the relevant Sub-Licensee with direct guidance to resolve the incident satisfactorily.

Major Incident

• On identifying a potential major incident, the Responsible Officer for Security at the relevant Sub-Licensee having advised the Site Representative will notify the Datacentre immediately.
• When a major incident is raised with the Datacentre whether by a Responsible Officer of Security at a Sub-Licensee or from another source, the Datacentre will immediately record the circumstances in the Security Incident Log and inform Ordnance Survey.
• The Datacentre will Sub-Licensee Institution to take significant remedial action including a timetable for implementation. This timetable shall be agreed with the Datacentre and must not exceed six working weeks duration commencing from a current date.
• The Datacentre will instruct the Responsible Officer for Security to provide weekly progress of the implementation of the remedial action plan.
• Once the Responsible Officer for Security has reported that the problem has been resolved (assuming that it is within the timetable period) the Datacentre will require documentary evidence that satisfactorily demonstrates this resolution.
• If the Datacentre is not satisfied with this evidence however, it will advise the Sub-Licensee at senior management level and require assistance in pursuing any further investigation to establish that the problem has been properly resolved. Ordnance Survey will be notified if this course of action is required.
• Subject to this assistance being forthcoming and the necessary evidence of corrective action being provided, the Datacentre may, subject to agreement from Ordnance Survey declare the incident closed.
• The Security Incident Log entry will be completed by the Datacentre to record the sequence of actions taken and the date the incident was closed.
• If however the problem is not resolved to the satisfaction of the Datacentre, the Datacentre will recommend to Ordnance Survey and HEFCE that the offending Authorised Institution right to access the Licensed Work and Digital Maps be suspended. Examples of where this action will be applicable are as follows:
• When significant abuse has actually taken place (rather than a weakness in procedures that creates the potential for abuse).
• Where in the opinion of the Datacentre, having consulted with Ordnance Survey, the incident represents an unacceptable risk to the Licensed Work and Digital Maps and will take significant time to resolve.
• Where the Sub-Licensee has failed to provide clear evidence of adequate remedial action within an agreed period of time.
• Where there is evidence of a repeated lack of commitment within the Sub-Licensee to apply agreed security procedures.
• Where following an on site examination by the Datacentre, the Sub-Licensee fails to show satisfactory evidence that the reasons for the major security incident have been properly resolved.

If the Datacentre's recommendation for suspension is agreed by Ordnance Survey and HEFCE, the Datacentre will take the following action within two working weeks:

• Terminate all access to the Licensed Work and Digital Maps or related Services provided by the Datacentre to all Authorised Users at the relevant Sub-Licensee.
• Ensure that the offending Sub-Licensee has no access to the Licensed Work or related Services from other Sub-Licensees or their Authorised Users.
• Place a moratorium on the continued use of Licensed Work and Digital Maps or outputs from the Licensed Work and Digital Maps already held within the offending Sub-Licensee and ensure that Authorised Users within that Sub-Licensee are aware that any continued use would be in breach of the terms of this Agreement. In this regard, the Datacentre will provide additional support to the Sub-Licensee Site Representative and Responsible Officer for Security.
• Set a suspension period for the Sub-Licensee and notify the Site Representative and Responsible Officer for Security accordingly.
• During the period of suspension, the Datacentre will support the Responsible Officer for Security and the Site Representative at the offending to implement the agreed action plan to resolve the security problem. The Datacentre will instruct the Responsible Officer for Security and the Site Representative to provide weekly reports on implementation progress.
• One week prior to the end of the agreed suspension period, the Datacentre will review the corrective action taken and decide whether the security problem has been resolved satisfactorily. If this is the case, it will advise Ordnance Survey and HEFCE accordingly and recommend reinstatement of the Sub-Licensee. Subject to Ordnance Survey and the HEFCE's agreement, the Datacentre can initiate re-instatement action having recorded the decision in the Security Incident Log and the planned re-instatement date.
• Ordnance Survey may prior to agreeing to re-instatement request that the Datacentre carry out a formal site audit of the Sub-Licensee and produce a written report of its findings. Copies of this report will be sent to Ordnance Survey and HEFCE to inform their decision on re-instatement.
• If the offending Sub-Licensee is found not to have resolved the security problem to the satisfaction of the Datacentre, Ordnance Survey and HEFCE, then the Authorised Institution will be deemed to have terminated its right to access the Licensed Work and Digital Maps under the terms of the Ordnance Survey Data Sub-Licence Agreement.

In the event of the termination of an Sub-Licensee's licence to use the Licensed Work, the Datacentre will be required to take the following action:

• Advise the Sub-Licensee formally in writing that its access to the Licensed Work and Digital Maps has been terminated and the reasons for this decision.
• Advise the Sub-Licensee (and supervise its compliance) to destroy all copies of the Digital Data held on the Sub-Licensee's systems.
• Advise the Sub-Licensee (and supervise its compliance) to instruct all Authorised Users of the Digital Data within its establishment to delete all electronic copies of the Digital Data they may hold in their personal files. Failure to do so will mean the Authorised Users are in breach of Crown Copyright.
• Advise the Sub-Licensee (and supervise its compliance) to instruct all Authorised Users of the Licensed Work and Digital Maps that they are not permitted to use Digital Maps until a new Educational Copyright Licence is negotiated directly with Ordnance Survey.
• Delete all access codes to the Licensed Work and Digital Maps from the Sub-Licensee community.
• Publicise within the higher and further education community that the offending Sub-Licensee no longer has access to the Licensed Work and Digital Maps and that they may not receive the Licensed Work and Digital Maps from any other Sub-Licensee.
• The offending Sub-Licensee may only be considered for access to the Licensed Work and Digital Maps under the terms of this Agreement (or any future replacement arrangements) after a period of three years.

Appendix 4 - Paper and Electronic Publication Sizes

Paper Publication

The following table sets out the maximum permitted image sizes for circulation on paper. These apply to Ordnance Survey maps produced directly from Digimap and to maps created from Ordnance Survey data downloaded through Digimap.

Electronic Publication

* NB - An Intranet is an internal network specific to a single Higher Education Institution and only accessible to members of that Institution. This network is NOT connected to the public Internet. For Internet publication see table below.

• Images may be displayed at any size on screen.
• More than one image may be included but no single image may be of a size greater than specified above.

Source scale is the scale of the source information from which the map was digitised. You may include a map in your publication at any scale, so long as the map would be no larger than the specified size if it was mapped at the source scale for the product used. The table below shows the corresponding area on the ground for each of the maximum mapped areas specified above.