Research licence terms and conditions
Met Office weather data research license terms and conditions
"Conditions" means these terms and conditions.
"Intellectual Property Rights" means any intellectual property right including but not limited to copyright, moral right, database right, patent, trade mark, domain name, trade secret or design right (whether registered or unregistered) or where relevant any application for any such rights in any jurisdiction.
"Research" means any project or activity organised by a school, university, scientific institute or similar (private or institutional), for non-commercial Research purposes only.
"We" "Us" "Our" means the Met Office, a Trading Fund of the Ministry of Defence, whose principal office is situated at FitzRoy Road, Exeter, Devon EX1 3PB.
"You" "Your" means the person, firm or company to whom We provide the Data.
2.1 We shall provide You with one copy of the Data.
2.2 You shall not do anything which may bring the name of Met Office into disrepute.
2.3 Nothing in these Conditions will allow You to retain the Data in the event of termination following Your breach of any Condition.
2.4 You will permit Us, upon reasonable notice, to check that You have complied with Condition
2.5 You will not use the Data for anything other than the Purpose
2.6 You are permitted to view, copy and store the Data supplied by Us under these Conditions. Unless specified in the Purpose, You may not distribute or license this Data to others.
The Licence is provided free of charge
4.1 We cannot accept any liability for any losses incurred by You or any third party as a result of Your or their reliance on Data and/or any other information supplied to You as part of this licence.
4.2 We exclude all other Warranties, Conditions, Terms, Undertakings and Obligations whether express or implied by statute or otherwise to the fullest extent permitted by law.
4.3 You warrant to Us that You will not use the Data or products derived from the Data, in ways which are knowingly or potentially libellous or slanderous of individuals, companies or organisations.
4.4 You further warrant to Us that You will not use the Data for the principal Purpose of advertising or promoting a particular product or service without express permission, or in a way which could imply endorsement by Us or generally in a manner which is likely to mislead others.
5. Intellectual property rights
5.1 Nothing in these Conditions transfers to You the copyright or any other Intellectual Property Rights in the Data , Services, documents, or any Software, Software tools, design concepts, know-how, techniques or methodologies supplied by Us (or Our contractors), the ownership of which remains absolutely with Us (on behalf of the Crown).
5.2 You shall take all reasonable steps to prevent any damage to or infringement of Our Intellectual Property Rights.
5.3 "Met Office" and its logo(s) are registered trade marks of the Met Office. You do not have the right to use or reproduce Our logo(s) or other trade marks without Our prior written authorisation.
5.4 Where the Permitted Use provides for the reproduction or publication of Data, such reproduction or publication must contain a Crown copyright acknowledgement in the form:
© Crown copyright [followed by year in which the work was first published], material supplied by the Met Office
In cases where You want to reproduce or publish Data that has been superseded You must make it clear that a more up to date version is available.
5.5 You will effect and maintain adequate security measures to safeguard the Data from access or use by any unauthorised person. You will notify Us immediately if You become aware of any unauthorised use of the Data by anyone or of any actual or potential infringement of Our Intellectual Property Rights in the Data. You will permit Us at any time to check that the use of the Data is in accordance with these Conditions.
6.1 Notwithstanding anything else contained in these Conditions, We may, at Our option, suspend or terminate the Licence immediately on giving notice to You if:
6.1.1 You fail to observe any of its obligations under this Agreement
6.1.2 You commit any other breach of any of these Conditions and in the case of a breach which is not persistent and which is capable of being remedied, have failed, within 7 days after We have requested You in writing, to remedy the breach;
6.1.3 You have a receiver or administrative receiver appointed over You or over any part of Your undertaking or assets, or You pass a resolution for winding-up (except for the Purpose of a bona fide scheme of solvent amalgamation or reconstruction), or if a court of competent jurisdiction makes an order to that effect, or if You become insolvent or subject to an administration order, or if You enter into any voluntary arrangement with Your creditors, or if any similar process to any of the above is begun, or if You cease or threaten to cease to carry on business or research.
6.2 Any suspension of the Licence on Our part will not prejudice Our right to terminate the Licence later, for the same or a different reason.
6.3 Should We terminate the Licence under Condition 6.1, You will remain liable to pay any expenses We have incurred or have agreed to incur in connection with this Agreement.
6.4 The termination or expiry of the Licence for any reason will not affect any accrued rights or liabilities which either You or We have, nor will it affect the coming into force or the continuance in force of any of these Conditions which is expressly, or by implication, intended to come into or to continue in force on or after termination.
6.5 Termination of this Agreement for whatever reason shall not relieve either party of any obligation which is intended to continue after termination. Upon termination, You shall cease to use all Data supplied including documentation associated with the Data and shall return or destroy the same.
7.1 We will not be liable to You for loss of actual or anticipated profits or savings, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, or for any indirect or consequential loss, whether arising from negligence, or breach of licence, or in any other way, even if We were advised of, or knew of the likelihood of, that loss or type of loss arising.
7.2 You will keep Us fully and effectually indemnified against all actions, claims, proceedings, costs and/or damages together with all legal costs or expenses that We incur as a result of licensing with You (including any claims made by third parties against You or Us paid by You to compromise or settle any claim made by a third party) based on Your use of the Data.
7.3 We accept no liability for any errors or omissions in the Data or associated information and/or documentation.
7.4 We shall not be liable to You in contract, tort (including negligence) or otherwise arising (including without any limitation, whether from breach of contract) from the provision or purported provision of the Data, save in respect of death or personal injury caused by Our negligence.
7.5 You undertake to fully and effectively indemnify Us against all loss, damage, claims, demands, costs and expenses which the Met Office may incur as a result of any breach by You of any Condition of this Agreement.
8.1 We have obligations under law including the Freedom of Information Act to disclose information including confidential information held by Us. We will always endeavour to consult with You before making a decision to disclose confidential information held by Us as a consequence of providing You with the Data.
8.2 No failure or delay by Us to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same or some other right, power or remedy.
8.3 These Conditions supersede all prior agreements, arrangements and understandings between You and Us and constitute the entire agreement between You and Us relating to the Data. The Conditions shall prevail over any terms or Conditions that You seek to introduce that are not expressly contained within these Conditions.
8.4 You may not assign, transfer, sub-contract or sub-license Your rights or obligations under these Conditions or sell-on or share any Data whether in whole or in part, without first obtaining Our written consent.
8.5 All notices to be given must be in writing and be sent to Us at Our address set out in the Definitions or be sent to You at Your registered office or principal place of business or any contact e-mail address You give Us from time to time.
8.6 The headings to these Conditions are for ease of reference only, and do not affect the interpretation or construction of these Conditions.
8.7 Time will not be of the essence in respect of the Data provided subject to these Conditions.
8.8 If any of these Conditions are, for any reason, held to be unenforceable, illegal or invalid, that unenforceability, illegality or invalidity will not affect any other provisions which will continue in full force and effect.
8.9 These Conditions expressly exclude any rights granted to any third party under the Contracts (Rights of Third Parties) Act 1999.
8.10 These Conditions shall be construed and enforced in accordance with the laws of England and Wales. The English Courts shall have exclusive jurisdiction to deal with any dispute that arises out of or in connection with these Conditions where You are resident in England or Wales. In the case of those that are resident in Scotland each party shall submit to the non-exclusive jurisdiction of the Scottish Courts.
9. Entire agreement
9.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements in connection with the subject matter hereof.
9.2 This Agreement may not be varied, modified or otherwise amended except by the written agreement of the parties.