BGS Geological Map Data Sub-Licence Agreement

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British Geological Map Data Sub-Licence Agreement

THE JISC CONTENT PROCUREMENT COMPANY LIMITED (TRADING AS JISC COLLECTIONS), a company incorporated in England and Wales and limited by guarantee whose registered office is at Ground Floor, Brettenham House South, Lancaster Place, London WC2E 7EN ("JISC Collections")

OFFERS to you, "the Authorised Institution" 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 completion of the Order Confirmation and Acceptance Form, as part of the JISC Collections online ordering service your institution will become a non-exclusive Authorised Institution of JISC Collections.

Acceptance shall be by receipt of the Order Confirmation and Acceptance Form as part of the JISC Collections online ordering service by JISC Collections or a JISC Collections’ authorised agent who will accept delivery on behalf of JISC Collections. Acceptance shall be acceptance of all terms of this Sub-Licence and no variation or counter offer will be accepted by JISC Collections. 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is made as to the manner or form described for acceptance, no sub-licence will be granted and this offer is deemed withdrawn.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 British Geological Survey Digital Data (as hereinafter defined) consists of 1:250,000 scale themes (GB coverage – vector data), 1:50,000 scale themes (GB coverage – vector data), DigRock, DigSBS, the British Geological Survey images (of geological features, of rocks, fossils and the BGS at work), and the British Geological Survey lexicon of named rock units;

AND WHEREAS the Licensed Works (as hereinafter defined) and all Intellectual Property Rights (as hereafter defined) therein are owned by or licensed to the Natural Environment Research Council (represented by its component body British Geological Survey) (“British Geological Survey”);

AND WHEREAS by an agreement between British Geological Survey and JISC Collections (the "British Geological Survey Data Supply and Licence Agreement"), JISC Collections is permitted to sub-license the access and use of the Licensed Works to the Authorised Institutions in accordance with the terms of this Sub-Licence;

JISC COLLECTIONS AND THE AUTHORISED INSTITUTION AGREE AS FOLLOWS:

1. DEFINITIONS

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

"Authorised Institution": means the Authorised Institution whose details are set out in the Acceptance of Sub-Licence Form attached hereto and made a part hereof.
"Authorised Users": means individuals who are authorised by the Authorised Institution to access the Authorised Institution’s information services whether on-site or off-site via Secure Authentication and who are affiliated to the Authorised Institution as a current student (including but not limited to undergraduates and postgraduates), member of staff (whether on a permanent or temporary basis including retired members of staff and any teacher who teaches Authorised Users in the United Kingdom) or contractor of the Authorised Institution. Persons who are not a current student, member of staff or a contractor of the Authorised Institution, but who are permitted to access the Authorised Institution’s information services from computer terminals or otherwise within the physical premises of the Authorised Institution ["Walk-In Users"] are also deemed to be Authorised Users, only for the time they are within the physical premises of the Authorised Institution. Walk-In Users may not be given means to access the Licensed Work when they are not within the physical premises of the Authorised Institution. For the avoidance of doubt, Walk-In Users may not be given access to the Licensed Work by any wireless network provided by the Authorised Institution unless such network is a Secure Network.
"Charges": means any or all the charges as set out in Schedule 1.
"Commercial Use": means use of the Licensed Work or Digital Maps other than for “Educational Purposes” (as hereinafter defined). For the avoidance of doubt, neither the recovery of direct cost by the Sub-Licensee from Authorised Users, nor use by the Sub-Licensee or Authorised Users of the Licensed Work in the course of research funded by a commercial organisation is deemed to constitute Commercial Use.
"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 use of the maps created by a Datacentre from the Licensed Work to be used in a Service provided
"Educational Purposes": means for the purpose of education, teaching, distance learning, private or non-commercial study and/or private or non-commercial research.
"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.uj/coll_allbanding
"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.
"JORUM Repository": means the central repository of learning and teaching material funded by the UK funding bodies.
"Licensed Work": means the British Geological Survey Digital Data and Digital Maps.
"Service": means a service provided by HEFCE, JISC Collections or any Datacentre acting on its behalf such as (but not limited to) Digimap, relating to the collection of British Geological Survey’s digital data known to the parties as “British Geological Survey Data” comprising the datasets as listed in Appendix 2 and such other British Geological Survey data products as HEFCE and British Geological Survey may agree from time to time.
"Secure Authentication": means access to the Licensed Work by Security Assertion Mark-up Language (SAML) technology based authentication, Internet Protocol (“IP”) ranges or by another means of authentication agreed in writing between the Licensor and the Licensee from time to time.
"Secure Network": means a network which is only accessible by Secure Authentication.
"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 Authorised Institution agrees to pay the Charges as set out in Schedule 1, in consideration of which JISC Collections agrees to grant to the Authorised Institution a non-exclusive sub-licence to access and use the Licensed Work and to allow Authorised Users to access and use the Licensed Work throughout the term of this Sub-Licence by Secure Authentication for Educational Purposes only.

3.USE OF THE LICENSED WORK

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

3.1.1 make such temporary local electronic copies of all or part of the Licensed Work and Digital Maps as are necessary to ensure efficient use by Authorised Users, provided that such use is subject to all the terms and conditions of this Sub-Licence;

3.1.2 allow Authorised Users to access the Licensed Work and Digital Maps by Secure Authentication in order to search, retrieve, view, display and otherwise use parts thereof including but not limited to Use the Digital Data in accordance with the terms of this Sub-Licence;

3.1.3 allow Authorised Users to electronically save parts of the Licensed Work and Digital Maps;

3.1.4 allow Authorised Users to print out copies of parts of the Licensed Work and Digital Maps;

3.1.5 allow Authorised Users to incorporate parts of the Licensed Work and Digital Maps in printed and non-manipulable (e.g. locked .PDF file) electronic course packs, study packs and course notes hosted on a Secure Network, virtual learning environments, managed learning environments and multi-media works. Each item shall carry the following copyright notice “Geological Map Data BGS © NERC 20(yy)” Course packs in non-electronic non-print perceptible form, such as Braille, may also be offered to Authorised Users;

3.1.6 (a) allow Authorised Users to incorporate parts of the Licensed Work and Digital Maps in printed or non-manipulable (e.g. locked .PDF file) electronic form in assignments and portfolios, theses and in dissertations (“the Academic Works”), including reproductions of the Academic Works for personal use and library deposit, if such use conforms to the customary and usual practice of the Authorised Institution. Reproductions in printed or electronic form of Academic Works containing Digital Maps may only be provided to sponsors of such Academic Works. Reproductions in electronic form of Academic Works containing Digital Data may only be provided to sponsors of such Academic Works where such sponsor holds a licence from the Licensor to use Digital Data. Reproductions in printed form of Academic Works containing Digital Data may be provided to sponsors of such Academic Works. In each case, each item shall carry the following copyright notice "Geological Map Data BGS © NERC 20(yy)". (For the avoidance of doubt, sponsors of Academic Works may not use any Reproductions provided to them under the provisions of this Clause 3.1.6 for any Commercial Use); and (b) incorporate parts of the Digital Maps in printed and non-manipulable (e.g. locked .PDF file) electronic conference papers, articles, articles published in a journal publication and poster sessions;

3.1.7 provide printed or electronic copies of the Licensed Work and Digital Maps at the request of individual Authorised Users;

3.1.8 supply to an authorised user of another Institution library (whether by post, fax or secure electronic transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing) a single paper copy of parts of the Licensed Work. Each copy shall carry the following copyright notice "Geological Map Data © NERC 20(yy)";

3.1.9 display, download and print parts of the Licensed Work and Digital Maps for the purpose of promotion of the Licensed Work, testing of the Licensed Work and Digital Maps, or for training Authorised Users;

3.1.10 publicly display or publicly perform parts of the Licensed Work and Digital Maps as part of a presentation at a seminar, conference, or workshop, or other such similar activity;

3.1.11 make such copies of training material and network on a Secure Network such training material as may be required for the purpose of using the Licensed Work and Digital Maps in accordance with this Sub-Licence; and

3.1.12 use Digital Maps in brochures, leaflets and flyers for use by the Authorised Institution;

3.1.13 publish Digital Maps on the website of the Authorised Institution or websites created by Authorised Users as part of a course or project;

3.1.14 print and use copies of the Licensed Work and Digital Maps as part of a Post Graduate Certificate in Education course in schools.

3.1.15 deposit in perpetuity the learning and teaching objects as referred to in Clause 3.1.11 in electronic repositories operated by the Authorised Institution on a Secure Network and in the JORUM Repository. The access and use of such learning and teaching objects shall be governed by the terms and conditions of the applicable repository.

3.2 This Sub-Licence shall be deemed to complement and extend the rights of the Institution and Authorised Users under the Copyright, Designs and Patents Act 1988 and the Copyright (Visually Impaired Persons) Act 2002 and nothing in this Sub-Licence shall constitute a waiver of any statutory rights held by the Institution and Authorised Users from time to time under these Acts or any amending legislation.

4. RESTRICTIONS

4.1 Save as provided herein, the Authorised Institution and Authorised Users may not:

4.1.1 sell or resell the Licensed Work, Digital Data and/or Digital Maps unless the Authorised Institution or an Authorised User has been granted prior written consent by British Geological Survey to do so;

4.1.2 redistribute, publish or otherwise make any information contained in any part of the Licensed Work, Digital Data and/or Digital Maps available in any manner or on any media other than that allowed under this Agreement;

4.1.3 remove, obscure or modify copyright notices, text acknowledgments or other means of identification or disclaimers as they appear;

4.1.4 save as provided for under this sub-licence, display or distribute any part of the Licensed Work, Digital Data and/or Digital Maps on any electronic network, including without limitation the Internet and the World Wide Web, and any other distribution medium now in existence or hereinafter created, other than on a Secure Network;

4.1.5 save in relation to Clauses 3.1.6, 3.1.9, 3.1.14, and 3.1.15, permit or allow anyone other than Authorised Users to access or use the Licensed Work, Digital Data and/or Digital Maps;

4.1.6 use all or any part of the Licensed Work and Digital Maps for any Commercial Use or for any purpose other than Educational Purposes, the restriction to include any use of the Licensed Work and the Digital Maps (or subsequently derived works) where it is possible to reverse engineer back to or recompile the original Licensed Work and the Digital Maps.

4.1.7 save in relation to Clause 3.1.9 and 3.1.15, permit any part of the Licensed Work, Digital Data and/or Digital Maps to be electronically transmitted to any other recipient except where the recipient is an Authorised User under the terms of a valid British Geological Survey Data Sub-Licence Agreement.

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

5. RESPONSIBILITIES OF THE AUTHORISED INSTITUTION

5.1 The Authorised Institution will:

5.1.1 issue passwords or other access information only to Authorised Users and use all reasonable efforts to ensure that Authorised Users do not divulge their passwords or other access information to any third party;

5.1.2 5.1.2 use all reasonable efforts, including without limitation by use of Secure Authentication, to ensure that only Authorised Users are permitted access to the Licensed Work and Digital Maps;

5.1.3 5.1.3 use all reasonable efforts to ensure that all Authorised Users are made aware of and undertake to abide by the terms of this Sub-Licence;

5.1.4 5.1.4 use all reasonable efforts to monitor compliance with the terms of this Sub-Licence and notify British Geological Survey and JISC Collections (including any Datacentre acting on behalf of JISC Collections in the provision of the Service)immediately and provide full particulars on becoming aware of any of the following (a) any unauthorised access to or use of the Licensed Work or unauthorised use of any of the Authorised Institution's password(s); or (b) any breach by an Authorised User of the terms of this Sub-Licence. Upon becoming aware of any breach of the terms of this Sub-Licence the Authorised Institution further agrees promptly to fully investigate and initiate disciplinary procedures in accordance with the Authorised Institution's standard practice and use all reasonable effort to ensure that such activity ceases and to prevent any recurrence;

5.1.5 5.1.5 where IP addresses are used as the method of Secure Authentication, provide lists of valid IP addresses to JISC Collections and update those lists on a regular basis the frequency of which will be agreed by the parties from time to time.

5.1.6 make available to British Geological Survey on request such information as British Geological Survey may reasonably require to use to better understand the type and nature of the specific Educational Purposes carried out by the Authorised Institution and the Authorised Users using the Licensed Work, Digital Data and/or Digital Maps. In particular but without prejudice to the generality of the foregoing, British Geological Survey may use examples of such use for the preparation of case studies for marketing and developing the Licensed Work, Digital Data and/or Digital Maps.

6. RESPONSIBILITIES OF JISC COLLECTIONS

6.1 JISC Collections 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 JISC Collections shall use all reasonable efforts to cause customer support services to be provided to the Authorised Institution 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. Notwithstanding the foregoing, the parties shall neither assemble nor provide data from which an individual user could be identified.

8. CHARGES

8.1 The Authorised Institution will pay the Charges to JISC Collections for the Sub-Licence in the amount and upon terms as set out in Schedule 1.

9. TERM AND TERMINATION

9.1 The term of this Sub-Licence will commence upon the date of acceptance of this Licence via the Order Confirmation and Acceptance Form and will remain in full force and effect until 31st July 2016, unless terminated earlier as provided for in this Clause 9.

9.2 The Institution may terminate this Agreement on 31st July 2011, 31st July 2012, 31st July 2013, 31st July 2014, or 31st July 2015 by giving the Publisher sixty days notice to that effect.

9.3 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.

9.4 Notwithstanding anything to the contrary herein, this Sub-Licence will be treated as if terminated if the British Geological Survey Data Supply and Licence Agreement between British Geological Survey and JISC Collections terminates for any reason. JISC Collections shall make reasonable endeavours not to cause the British Geological Survey Data Supply and Licence Agreement between British Geological Survey and JISC Collections to terminate.

9.5 Further, notwithstanding anything to the contrary herein, upon a breach by the Authorised Institution, on-line access to the Licensed Work, Digital Data and/or Digital Maps shall be terminated.

9.6 Upon termination of this Sub-Licence, copies of any part of the Licensed Work made by the Authorised Institution or Authorised Users may not be retained and used, other than as provided for under this clause. Print copies may be used after termination of this Agreement subject to the terms of Clauses 3 and 4 of this Sub-Licence, which terms shall survive any termination of this Sub-Licence. For the avoidance of doubt copies of parts of the Licensed Work incorporated in course packs, study packs, course notes, multi-media works and Academic Works in accordance with Clauses 3.1.5 and 3.1.11 may be deposited by Authorised Institutions and Authorised Users in institutional repositories and archives or other repositories with the written consent of the Licensor.

10. ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

10.1 The Authorised Institution acknowledges that the Intellectual Property Rights in the Licensed Work, Digital Data and/or 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 British Geological Survey (NERC) or are duly licensed to British Geological Survey (NERC) and that this Sub-Licence does not assign or transfer to the Authorised Institution any right, title or interest therein except for the right to use the Licensed Work in accordance with the terms and conditions of this Sub-Licence.

11. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

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

11.2 JISC Collections represents and warrants that it has the right to grant the Sub-Licence and that the use of the Licensed Work by the Authorised Institution and Authorised Users in accordance with the terms of this Sub-Licence shall not infringe the copyright of any third party. The foregoing shall not apply to improper usage of the Licensed Work by the Authorised Institution or Authorised Users.

11.3 Other than the express warranties stated in this Clause 11, the Licensed Work is provided on an “as is” basis, and JISC Collections and the British Geological Survey hereby disclaim any and all warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Work or any part thereof, including, without limitation any and all warranties of quality, performance, merchantability or fitness for a particular purpose, that the Licensed Work is complete or error free or that (subject to clause 11.2) its use by the Authorised Institution and Authorised Users will not constitute any libel, breach of confidence or infringement of the intellectual property rights of any third party.

11.4 The Authorised Institution agrees to notify the British Geological Survey and JISC Collections 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. It is expressly agreed that upon such notification, or if the British Geological Survey becomes aware of such a claim from other sources, the British Geological Survey may remove such work(s) from the Licensed Work. At the request of the British Geological Survey, the Authorised Institution will make all reasonable efforts to remove such work(s) from any copies of the Licensed Work maintained by the Authorised Institution. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Sub-Licence.

11.5 Nothing in this Sub-Licence shall make the Authorised Institution liable for breach of the terms of this Sub-Licence by any Authorised User provided that the Authorised Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of a an actual breach having occurred. For the avoidance of doubt, this clause does not limit or exclude any liability the Authorised Institution may have for any breach of clause 5.

11.6 Subject to the above and to the extent permitted by law, JISC Collections and the British Geological Survey shall not be liable to the Authorised Institution or any Authorised User for any indirect losses or damages (including loss or damage suffered by the Authorised Institution or any Authorised User as a result of an action brought by a third party)or for any loss of profits, goodwill or contract (whether direct or indirect) arising as a result of any breach of this Agreement, any negligence or in any other way out of or in connection with this Agreement or its subject matter. JISC Collections and the British Geological Survey accept no liability for any loss suffered or incurred by the Authorised Institution or Authorised Users as a result of their use of or reliance on the Licensed Work.

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

11.8 JISC Collections, the British Geological Survey and the Authorised Institution do not seek to exclude liability under this Agreement for fraud or for personal injury or death caused by its negligence and the negligence of its employees, authorised sub-contractors and agents.

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 Authorised Institution without obtaining the prior written consent of JISC Collections or HEFCE, after an assignment by JISC Collections to 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 Authorised Institution 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 Universities UK

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 JISC Collections:
Lorraine Estelle
Chief Executive Officer
JISC Collections
Brettenham House South
5 Lancaster Place
Email: l.estelle@jisc.ac.ukk

if to the British Geological Survey:
Dr R Keith Westhead
Head of Knowledge Exchange
British Geological Survey
Murchison House
Edinburgh
EH9 3LA
Telephone: 0131 650 0364
Mobile: 0797 327 0291
Email: rkw@bgs.ac.uk

if to the Authorised Institution: [As stated in the Acceptance of Sub-Licence Form]

16. GENERAL

16.1 This Sub-Licence and its Schedules 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 Schedules 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 British Geological Survey may directly enforce and rely on the terms of this Sub-Licence that are expressed or intended to be for its benefit (including, but not limited to, clauses 3, 4, 5, 9.3,10 and 11) subject to and in accordance with the terms of this Sub-Licence under the provisions of the Contract (Rights of Third Parties) Act 1999, as amended or substituted from time to time. Otherwise, no provision of this Sub-Licence is intended to be enforceable by any person who is not a party to it.

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.

SCHEDULE 1 – CHARGES AND PAYMENT TERMS

1. 1. By completing the Order Confirmation and Acceptance Form as part of the JISC Collections online ordering service, the Authorised Institution accepts the terms of this Sub-Licence and accepts that it must pay to JISC Collections the total sum of the charges for the whole term of this Sub-Licence in accordance with the applicable JISC Collections charging band. JISC Collections or a JISC Collections’ authorised agent will invoice the Authorised Institution annually for the applicable charge as set out below. All prices are exclusive of VAT, which will be payable where applicable.

JISC Charging Band	1st August 2010-31st July 2011	1st August 2011-31st July 2012	1st August 2012-31st July 2013	1st August 2013-31st July 2014	1st August 2014-31st July 2015	1st August 2015-31st July 2016
A and B	£1,338	£1,378	£1,419	£1,462	£1,506	£1,551
C and D	£986	£1,016	£1,046	£1,077	£1,110	£1,143
E and F	£519	£535	£551	£567	£584	£602
G and J	£290	£299	£308	£317	£326	£336

2. For the avoidance of doubt the term of this Sub-Licence will commence upon the date of receipt by JISC Collections of the Order Confirmation and Acceptance Form and will remain in full force and effect until the date of termination as set out in Clause 9.

3. In the event that the Authorised Institution completes the Order Confirmation and Acceptance Form, as part of the JISC Collections online ordering service during a given year, the Authorised Institution shall pay JISC Collections that part of the applicable charge which represents the period covering the date as set out in the Order Confirmation and Acceptance Form up to the date where the next 12 months subscription period starts. Thereafter the Authorised Institution will pay JISC Collections the full applicable charges for subsequent years as and where applicable.

4. 4. JISC Collections hereby reserves the right to vary the charges payable by the Authorised Institution for years subsequent to the year in which the Authorised Institution sign up.

APPENDIX 2: LICENSED WORK

The Licensed Work consists of the following datasets:

1:250,000 scale themes (GB coverage - vector data)
- solid geology
- drift deposits (if BGS digitisation programme is complete)
1:50,000 scale themes (GB coverage - vector data)
- solid geology
- drift deposits
- mass movement
- artificial ground
The BGS Lexicon of Named Rock Units
Lithoframe 3D model data
LithoFrame is a new concept to produce models of Britain's subsurface geology; the 3D equivalent of the geological map.

Models are systematically developed at a range of resolutions:
- LithoFrame 1M — nationwide for use at a scale of 1:1 000 000 for onshore Britain. It shows the most significant stratigraphic divisions (e.g. base Carboniferous, top of major intrusive bodies) and major faults in a single model, down from the ground surface to the base of the Earth's crust (40 km).
- LithoFrame50 (area of London) will be modelled at the formation level (e.g. base London Clay Formation, base Harwich Formation) and will reach around 1 km in depth
- LithoFrame10(area of Glasgow) is the highest resolution, with a focus on well-characterised and relatively shallow superficial deposits including, where appropriate, the subdivision of artificial ground, flood plain, and river terrace deposits.
These data will be supplied as ESRI shapes and grids. The shapes will give the horizontal extent of each modelled unit, the grids will give elevations of top and base of each modelled unit.
- GSI3D software and sample data (which is also available for down from the following site http://www.gsi3d.org/downloads.html
- JIDI Images consisting of the British Geological Survey images (of geological features, of rocks, fossils and the BGS at work)
- DigRock250 (1:250,000 scale offshore bedrock geology),
- DigSBS250 (offshore 1:250,000 scale seabed sediment data)
Delivery formats:
- ESRI Shapefile format
- MapInfo MIF/MID format