IMPORTANT NOTICE TO END-USER
READ BEFORE INSTALLING OR USING THE LICENSED WORKS
END-USER LICENCE AGREEMENT
A: PROPERTY OF LICENSOR
A.1 ‘YOU’ MAY OBTAIN A COPY OF THE ‘LICENSED WORKS’ EITHER BY DOWNLOADING IT REMOTELY OR BY COPYING IT FROM THE 'HARD MEDIA'.
A.2 THE ‘INTELLECTUAL PROPERTY RIGHTS’ IN THE LICENSED WORKS, TOGETHER WITH THE HARD MEDIA ON WHICH THEY WERE SUPPLIED TO YOU, ARE AND REMAIN THE PROPERTY OF THE ‘LICENSOR'.
A.3 YOU ARE LICENSED TO USE THE HARD MEDIA AND THE LICENSED WORKS ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.
B: LICENCE ACCEPTANCE PROCEDURE
B.1 BY INSTALLING OR USING THE LICENSED WORKS (OR BY CLICKING THE ACCEPTANCE BUTTON (IF PROVIDED)), YOU INDICATE ACCEPTANCE OF THIS LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS LICENCE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY 'CORPORATE LICENSEE'. IN THIS LICENCE AGREEMENT, 'YOU' INCLUDES BOTH THE READER AND ANY CORPORATE LICENSEE.
B.2 YOU SHOULD THEREFORE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE LICENSED WORKS (OR CLICKING ON ANY ACCEPTANCE BUTTONS (IF PROVIDED)).
C: LICENCE REJECTION PROCEDURE
C.1 IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT INSTALL OR USE THE LICENSED WORKS AND YOU SHOULD DELETE THE LICENSED WORKS FROM YOUR COMPUTER.
D: OTHER AGREEMENTS
D.1 IF YOUR USE OF THE LICENSED WORKS IS PURSUANT TO AN EXECUTED LICENCE AGREEMENT, SUCH AGREEMENT SHALL APPLY INSTEAD OF THE FOLLOWING TERMS AND CONDITIONS.
SPECIFIC TERMS AND CONDITIONS
You may use this Innovation Process Toolkit subject to the licence provisions applying to the individual components within it.
Unless any licence on the face of a document, template, image, video, presentation slide, diagram or other component specifies otherwise, You may use, print, copy and distribute all or part of it without charging a fee, subject to
1. Acknowledging the City of London (DIT) Innovation Process Toolkit as the original source.
2. Preserving this licence, or if it exists the one on the face of the document or other item, in any copies, prints, distributions or derived works.
3. Not using any proprietary logo, brand, name, mark or image on or contained in the document or other item separately from the original complete document without the explicit permission of its owner.
You may copy or convey the Toolkit as an integral whole provided that this EULA and Specific Conditions remain attached unmodified to it in all instances but You may not charge a fee for it.
You may create and convey support products and may charge a fee for these.
You may create and offer services based on the Toolkit and may charge a fee for these.
GENERAL TERMS AND CONDITIONS
LICENSOR: “The Mayor and Commonalty and Citizens of the City of London” whose registered address is at PO Box 271, Guildhall, London EC2P 2EJ;
LICENSEE: “You” or “Your”.
1A Definitions
‘Corporate Licensee’ any corporate entity which employs You or which You represent;
‘Hard Media’ an authorised CD-Rom or other media;
‘Intellectual Property Rights’ all vested, contingent and future intellectual property rights, including, but not limited to copyright, trade marks, services marks, design rights (whether registered or unregistered), patents, know-how, algorithms, processes, methodology, trade secrets, inventions, get-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created;
‘Licensed Works’ the software, systems, applications and computer programs, presentations, documents and technical literature and all other related materials supplied to You;
1 Ownership of Licensed Works and copies
1.1 The Licensed Works and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. THE LICENSOR RETAINS OWNERSHIP OF THE LICENSED WORKS AND ALL SUBSEQUENT COPIES OF THE LICENSED WORKS, REGARDLESS OF THE FORM IN WHICH THE COPIES MAY EXIST. This licence is not a sale of the original Licensed Works or any copies.
2 Licence
2.1 PROVIDED THAT YOU KEEP WITHIN THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT the Licensor grants to You a limited, non-exclusive licence to:
2.1.1 use and copy the Licensed Works for use on any computer system owned, leased and/or controlled by You or any member of Your corporate group, which expression includes the Corporate Licensee, the Corporate Licensee's majority-owned subsidiaries, any parent company having a majority-owned interest in the Corporate Licensee, and such parent's majority-owned subsidiaries;
2.1.2 make copies of the Licensed Works for back-up, archival or other security purposes;
2.1.3 transfer copies or possession of the Licensed Works to any third party, subject to these terms and conditions.
3 Licence restrictions
3.1 You may not use, copy, modify or transfer the Licensed Works (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this Licence Agreement.
3.2 If You transfer possession of any copy of the Licensed Works to another party this Licence Agreement must remain attached unmodified to it. If You transfer possession of any copy of the Licensed Works to another party except as provided above, Your licence is automatically terminated.
3.3 You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Licensed Works, except as expressly permitted by this Licence Agreement or by law.
3.4 You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Licensed Works.
4 No transfer for consideration
4.1 You may not rent, lease, sub-license, or sell, or assign, pledge, transfer, or otherwise dispose of for financial or other valuable consideration the Licensed Works, any modified versions or derivative works thereof, on a temporary or permanent basis.
5 Undertakings
5.1 You undertake to:
5.1.1 ensure that, prior to use of the Licensed Works by Your employees or agents, all such parties are notified of this licence and the terms of this Agreement;
5.1.2 reproduce and include our copyright notice (or such other party's copyright notice as specified on the Licensed Works) and this licence on all and any copies of the Licensed Works, including any partial copies of the Licensed Works;
6 Limited warranty
6.1 SUBJECT TO THE LIMITATIONS AND EXCLUSIONS OF LIABILITY BELOW, THE LICENSOR WARRANTS THAT THE HARD MEDIA ON WHICH THE LICENSED WORKS ARE FURNISHED TO YOU ARE ON AN “AS IS” BASIS.
6.2 This clause 6 constitutes an essential part of this licence.
7 No other warranties
7.1 The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, express or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result.
7.2 You assume the entire risk as to the quality and performance of the Licensed Works. Should the Licensed Works prove defective, You (and not the Licensor nor any licensed distributor) assume the entire cost of all necessary servicing, repair or correction.
7.3 The Licensor does not warrant that the Licensed Works will meet Your requirements or that its operation will be uninterrupted or error free.
7.4 This clause 7 constitutes an essential part of this licence.
8 Limitation of liability
8.1 The Licensor's entire liability and Your exclusive remedy shall be:
8.1.1 the replacement of any Hard Media at the Licensor’s sole discretion; or
8.1.2 if the Licensor is unable to deliver replacement Hard Media which is free of material defects, You may terminate this Agreement by deleting the Licensed Works and destroying the Hard Media.
8.2 This clause 8 constitutes an essential part of this licence.
9 Exclusion of liability
9.1 Except in respect of personal injury or death caused directly by the negligence of the Licensor, in no event will the Licensor be liable to You for any damages (whether direct, indirect, punitive, incidental, special, exemplary or consequential), including (without limitation) any lost profits, lost savings, loss of data or any other loss arising out of the use, inability to use, unauthorised use, performance or non-performance of the Licensed Works or part thereof or failure to provide support services, even if the Licensor has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.
9.2 This clause 9 constitutes an essential part of this licence.
10 Your statutory rights
10.1 This licence gives You specific legal rights and You may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to You. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
10.2 If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that You may have as a consumer (ie a purchaser for private as opposed to business, academic or government use) are not affected.
11 Term
11.1 The licence is effective until terminated.
11.2 The Licensor may at in its sole discretion, at any time and for any reason, terminate the licence without notice to You.
11.3 You may terminate it at any time by destroying the Licensed Works together with all copies in any form. It will also terminate upon terms and conditions set out elsewhere in this Agreement or if You fail to comply with any term or condition of this Agreement or if You voluntarily return the Licensed Works to us. You agree upon such termination to destroy the Licensed Works together with all copies in any form.
12 Export
12.1 You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Licensed Works and Hard Media were created. In particular, You will not export or re-export, directly or indirectly, separately or as a part of a system, the Licensed Works or Hard Media or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval.
13 General
13.1 You agree that the Licensor shall have the right, after supplying undertakings as to confidentiality, to audit any computer system on which the Licensed Works are installed in order to verify compliance with this Licence Agreement.
13.2 Each party irrevocably agrees that the courts of England and Wales, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Agreement.
13.3 This Agreement constitutes the complete and exclusive statement of the Agreement between the Licensor and You with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
13.4 Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion.
13.5 Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party's right to take subsequent action.
13.6 This End User Licence Agreement comprises both the General Terms and Conditions and the Special Terms and Conditions.
13.7 This Agreement is made only in the English language. If there is any conflict in the meaning between the English language version of this Agreement and any version or translation of it in any other language, the English language version shall prevail.
TOOLKIT COMPONENTS SPECIAL TERMS AND CONDITIONS
Social & Economic Business Case Tool
You may only use this software in a project or assignment or work that is owned or commissioned or funded by a public body, charity, voluntary group, mutual organisation or social enterprise that qualifies for the Social Enterprise Mark http://www.socialenterprisemark.org.uk/.
You may not modify, create derivative software or combine this software with other software.
Subject to the above:
1. You may copy the software and print or copy its output.
2. You may create and convey support products and may charge a fee for these.
3. You may create and offer services based on the software and may charge a fee for these.
Beacons Checklist
Subject to acknowledging the City of London (DIT) Beacons Checklist as the original source:
1. You may use, print, modify or copy the program, its contents or its output or derived works.
2. You may create and convey support products and may charge a fee for these.
3. You may create and offer services based on the program and may charge a fee for these.
Stakeholder Benefits Tool
Subject to not modifying it in any way and acknowledging the City of London (DIT) Stakeholder Benefits Tool as the original source:
1. You may use, print or copy the program, its contents or its output.
2. You may create and convey support products and may charge a fee for these.
3. You may create and offer services based on the program and may charge a fee for these.
NGA Risk Mapping Tool
Subject to acknowledging the City of London (DIT) NGA Risk Mapping Tool as the original source:
1. You may use, print, modify or copy the program, its contents or its output or derived works.
2. You may create and convey support products and may charge a fee for these.
3. You may create and offer services based on the program and may charge a fee for these.
Contains Department for Communities & Local Government data © Crown copyright and database right; for Terms and Conditions for use of such data see:
http://www.communities.gov.uk/corporate/help/conditions/
and http://data.gov.uk/terms-and-conditions
Benefits Framework
You may use this the Benefits Framework free of charge for any purpose PROVIDED THAT you:
1. Acknowledge the City of London (DIT) Benefits Framework as the original source.
2. Preserve this licence in any copies, prints, distributions or derived works.
Transition Tool
Subject to acknowledging the City of London (DIT) Transition Tool as the original source:
1. You may use, print, modify or copy the tool, its contents or its output or derived works.
2. You may create and convey support products and may charge a fee for these.
3. You may create and offer services based on the program and may charge a fee for these.
ENQUIRIES ABOUT THIS LICENCE:
Enquiries up to 31 March 2011: licensing@digiteam.org.uk
Enquiries from 1 April 2011: ccs.contact@cityoflondon.gov.uk]
If you accept these Terms and Conditions of Use then Get Started at the short process guide.