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Variation Agreement to the Ordnance Survey Data Sub-Licence

(valid 1 August 2009 - 31 July 2010)

VARIATION AGREEMENT to THE ORDNANCE SURVEY DATA SUB-LICENCE AGREEMENT between the JISC Content Procurement Company Limited and you, the Sub Licensee.

THIS VARIATION AGREEMENT is made as of [insert date], the (Effective Date).

This Variation Agreement is made

Between:

1. THE JISC CONTENT PROCUREMENT COMPANY LIMITED (TRADING AS JISC COLLECTIONS (company registration number 05747339) 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); and


2. INSTITUTION NAME (Sub Licensee)

RECITALS:

WHEREAS by a Data Sub-Licence Agreement between JISC Collections and you as Sub Licensee dated [ ] (the Existing Agreement), JISC Collections granted you access to and use of Ordnance Survey Data in accordance with the terms of the Existing Agreement;

WHEREAS the parties have now agreed to vary the Existing Agreement as set forth in this agreement (Variation Agreement). IT IS NOW AGREED AS FOLLOWS:

IT IS NOW AGREED AS FOLLOWS:

1 AGREEMENT

1.1 In consideration of the fee as referred to below, the parties hereto agree to amend the Existing Agreement as of [insert date], as set forth below.

2 THE AMENDMENTS

2.1 Save for the amended definition of Authorised Users as set out in paragraph 2.2 below, all capitalised and defined terms used in this Variation Agreement shall have the meanings ascribed to them in the Existing Agreement.

2.2 The definition of Authorised Users in the Existing Agreement, is hereby deleted and replaced by the following:

means any students of, staff (both current or retired) of, or visitors to an Authorised Institution who are both properly:

(i) authorised by an Authorised Institution to access the Authorised Institutions electronic information services via secure authentication; and

(ii) registered with a Datacentre in accordance with the procedure as set out in Schedule 7 of the Existing Agreement;

for the avoidance of doubt, students who are registered at an overseas campus of an Authorised Institution (Overseas Students) do not qualify as Authorised Users of that Authorised Institution whilst they are overseas (studying or otherwise) for the purposes of this Variation Agreement. However, Overseas Students may qualify as Authorised Users during any period spent studying in the UK at an Authorised Institution. Overseas Students will lose their Authorised User status as soon as they leave the United Kingdom.

2.3 Any reference to Athens in the Existing Agreement is hereby amended to read UK Access Management Federation.

2.4 The parties have agreed to delete the following of paragraph 4 of Appendix 3 of the Existing Agreement, the User Registration section:

Where a 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. Note that class registration is not possible where an institution implements authentication and authorisation systems involving Athens Devolved Authentication or UK Access Management Federation.

Require the class lecturer to be the Responsible Officer for use of the Licensed Work and Digital Maps under class registration.

Identify which Athens account is to be allocated to the class lecturer nominated as the Responsible Officer for class registration.

Require each class registration to be terminated after three (3) Months.

2.5 An additional Clause 3.1.16 shall be added and shall be as follows:

3.1.16 share data with other Authorised Users of both the same Authorised Institution and different Authorised Institutions.

2.6 The term as set out in Clause 9.1 of the Existing Agreement shall hereby be extended until 31 July 2010.

2.7 Schedule 1 to this Variation Agreement shall supersede and replace Appendix 2 (Licensed Work) of the Existing Agreement, which such Appendix 2 to the Existing Agreement shall be without effect.

2.8 Schedule 2 to this Variation Agreement shall supersede and replace Appendix 4 of the Existing Agreement, which such Appendix 4 to the Existing Agreement shall be without effect.

2.9 Any reference in the Existing Agreement to Ordnance Surveys discontinued Land Line data product shall be deleted. The parties hereby agree that any continued use of Land-Line will be subject to the relevant party entering into an archive licence or residual rights

3 GENERAL

3.1 Except as specifically amended hereby, all of the existing terms and conditions of the Existing Agreement, as amended, are hereby ratified and remain in effect without revision.

3.2 To the extent any terms or conditions of the Existing Agreement, as amended, conflict with or are inconsistent with this Variation Agreement, the terms of this Variation Agreement shall prevail.

3.3 The parties agree that the Existing Agreement and this Variation Agreement and any documents referred to in it constitute the entire agreement and understanding between the parties concerning the subject matter of the Existing Agreement. The Existing Agreement, as amended, and this Variation Agreement supersede all understandings, representations and agreements made between the parties concerning such subject matter. However neither party seeks to exclude liability for any fraudulent misrepresentations.

3.4 This Variation Agreement is governed by and construed in accordance with English law. The parties further agree that the Variation Agreement will be subject to, and within the jurisdiction of, the English Courts.

AS WITNESS the hands of the parties the day and year first above written.

Having read and understood this Variation Agreement, signed for and on behalf of The JISC Content Procurement Company Limited (trading as JISC Collections)	Having read and understood this Agreement signed for and on behalf of [the Sub Licensee]
Signature:	Signature:
Name:	Name:
Title:	Title:
Date:	Date:

Schedule 1 of the Variation Agreement (amending Appendix 2 of the Existing Agreement)

APPENDIX 2 LICENSED WORK

The Licensed Work consists of the following products:

OS MasterMap® Topography Layer

OS MasterMap® Integrated Transport Network™ Layer

1:10 000 Scale Colour Raster

1:25 000 Scale Colour Raster

1:50 000 Scale Colour Raster

1:50 000 Scale Gazetteer

1:250 000 Scale Colour Raster

Meridian 2™

Strategi®

MiniScale®

Code-Point®

Code-Point® with polygons

Land-Form PROFILE®

Land-Form PANORAMA™

Boundary-Line™

Schedule 2 of the Variation Agreement (amending Appendix 4 of the Existing Agreement)

APPENDIX 4 Paper and Electronic Publication Sizes

Paper and Electronic Publication Sizes

All Digital Maps, whether in paper or electronic format, employed for either Academic or Institutional Administrative Use, must carry the following copyright notice:

© Crown Copyright/database right 20(yy). An Ordnance Survey/EDINA supplied service.

Academic use

Paper Publication

Publication type	Dataset	Maximum size per image	Maximum Ordnance Survey mapping (% of total publication content)
Conference papers Academic articles Journals Dissertations and theses Booklets	All datasets	1 250 cm (A3)	45%
Course notes	All datasets	No size limitations	45%
Academic posters	All datasets	No size limitations	100%

Electronic Publication

Electronic Publication refers to publication on DVD, CD_ROM, memory stick or any other form of storage media including the internet.

This mode of publication is an electronic rendition of the paper form, solely for ease of delivery or dissemination. Digital Maps must therefore only appear as static images and must not be created in real time for serving to the reader. Paper publication size limits are applicable in all cases.

Repositories

Repositories (centralised storage systems) may be operated by Authorised Institutions to hold and make available Electronic Publications.

It is understood that some repositories may make such publications available to members of the public as well as to members of the Authorised Institution. Digital Maps (but not Digital Data) may be included in documents held in repositories as long as those documents are in a locked format, for example, pdf. Documents must be locked in such a way that the Digital Maps cannot be extracted for reuse outside the terms of the Ordnance Survey Data Sub-Licence Agreement.

Paper publication size limits are applicable in all cases.

For the avoidance of doubt, Digital Data must never be stored in and made available from any repository operated centrally by or for an institution or subject community.

lntranet Publication

Publication type	Dataset	Maximum mapped area per image
Conference papers Academic articles Journals Course notes Dissertations and theses Booklets	All datasets	No size limitations

An Intranet is an internal network specific to a single Higher and Further 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.

Internet Publication

Publication type	Dataset	Maximum mapped area per image
Conference papers Academic articles Journals Course notes Dissertations and theses Digital Maps on a web page, project website or similar	All datasets	1 048 576 pixels

When rendering mapping on a website:

• Only Digital Maps may be published. Digital Data and mapping in GeoPDF format may not be published at any time.
• It must only be available as an image and not be accompanied by drawing or measuring tools.
• It is permissible to zoom in and out to enlarge or reduce the viewing scale of a discrete map image but not to change from one dataset to another of higher/lower resolution.
• It is permissible to pan to the edge of a discrete map image (where the viewing frame is smaller than the overall image).
• Digital Maps may be displayed at any size on screen.
• More than one Digital Map may be included but no single Digital Map may be of a size greater than specified above.

Institutional Administrative Use

These criteria apply to paper, electronic and internet publication.

Institutional Administrative Use shall only include:

• Showing the extent and/or locations of the Institutions campus
• Providing directional guidance or a route showing how to locate any premises owned or leased by the institution. This can be:
• General directional information applicable at all times, for example, directions to a specific department or to a specific office of the institution.
• Directions linked to specific events organised by the institution itself on the institutions premises.

Institutional Administrative Use are subject to the following rules:

• Only the amount of mapping necessary to meet the specific need should be used
• The mapping must include overlay details relating to the purpose for which it is being used by the academic institution

Electronic Publication

Electronic Publication refers to publication on DVD, CD_ROM, memory stick or any other form of storage media.

This mode of publication is an electronic rendition of the paper form, solely for ease of delivery or dissemination. Digital Maps must therefore only appear as static images and must not be created in real time for serving to the reader.

Paper publication size limits are applicable in all cases.