Land Use Gazetteer on the Web Licence agreement

By entering this site, by purchasing a subscription to or using the Land Use Gazetteer on the Web in any of its variants including but not limited to Professional Unlimited, Professional Limited and Light User versions (hereinafter variously the Software and the Service), or by trying the Software on a free-trial basis, You (hereinafter variously also the Licensee, the Timed Access User and the User, which terms include those employed by or legally representing your organisation) thereby accept and agree to the terms of this non-exclusive Licence as set out herein. This Licence constitutes a contract between You and Leaf Coppin Publishing Limited, its directors and employees or agents (hereinafter Leaf Coppin), to use any or all of the Software and the Service at or accessible through, or related web sites owned by Leaf Coppin, and including any data and documentation accessible therein, only in accordance with these terms and conditions. Leaf Coppin is a company registered number 1638608 at 37 St. Margaret’s Street, Canterbury, Kent CT1 2TU, VAT number 397809879. The Author is Stephen Godfree (hereinafter the Author) who can be contacted at Leaf Coppin. Leaf Coppin's Licensors (hereinafter Licensors) include Filemaker, Inc. and its subsidiaries and others. You are advised to save and print a copy of the present Licence Terms and Conditions, which may reasonably be altered by Leaf Coppin at its discretion at any time, and you are advised to check them from time to time via the link on the index page of the web site given above. Leaf Coppin will notify Users of such changes on its web site.
Ownership and Copyright
The Software is owned by Leaf Coppin and its Licensors and is protected by UK and other copyright law. Purchase of a subscription to or use of the Software does not give the Licensee any proprietary rights whatsoever in the functionality or content of the Software or of the programs used therein. The Licensee hereby agrees to abide by UK and international copyright law in his access and use of the Software and its screen representations.
Access to and Use and Termination of the Software
For those versions of the Software access to which is determined by User’s name, password and Internet Protocol or IP addresses, use of the Software is limited to those individuals or organisations that have purchased from Leaf Coppin a subscription to the Software and, for each such user, is limited to computers, servers or workstations using these IP addresses, and which have been determined or agreed by exchange of email or other communications. Leaf Coppin will provide an access name and password in the first instance, which may be changed by mutual agreement. Leaf Coppin and its agents have the right to restrict access by each of the Users of the Software to its Licensees' IP addresses, and to keep and exploit one or more logs of access in order to ensure that these Licence conditions are fully adhered to, including those relating to copyright.
For those versions of the Software access to which is not determined by Internet Protocol or IP addresses, Leaf Coppin will provide an access name and password and reserves the right to change such access name and password at its discretion. Leaf Coppin reserves the right to determine the origin of access to the Service using the access name and password that Leaf Coppin has provided to the User. In the event of documented access or attempted access to the Software by an unauthorised user using the access name and password provided by Leaf Coppin to the Licensee, Leaf Coppin reserves the right to suspend the Licensee's access to the Software during its investigation of such misuse, after first warning the Licensee of same. If Leaf Coppin is further satisfied after discussion or correspondence with the Licensee that he has abused the conditions of this License, Leaf Coppin reserves the right to terminate the Licensee's subscription immediately or at any time thereafter without compensation or refund.
The Licensee’s annual subscription services will run for at least 365 days or a multiple thereof (Subscription Period) from delivery of the details necessary to access the Software including user name and password. Leaf Coppin may at its sole discretion alter the Subscription Period, for example to compensate for any loss of availability. During the last three months of the Subscription Period an invoice for renewal of the subscription will be sent to the Licensee, non-payment of which by the end of the current subscription will result in termination of that subscription. Such termination will not be irrevocable unless so deemed by Leaf Coppin at its sole discretion.
It is the responsibility of the User to determine that he can access the Software or the Service, for example through his own firewall or that provided by his Internet Service Provider or similar intermediary, using the user name and password provided and, if at any time he is unable so to access it, to communicate this to Leaf Coppin as soon as possible. Leaf Coppin has no obligation to recompense time lost as a result of a User’s failure so to determine or communicate.
Timed Access Service
The Timed Access version of the Land Use Gazetteer on the Web has been discontinued from 19 May 2011.
Termination and Cancellation
Any cancellation rights cease once access to the service is provided to the Licensee by Leaf Coppin. There will be no reimbursement to the Licensee choosing to terminate his use of the Software before his subscription has run its term. Should the Licensee cease to be in business by reason of bankruptcy, insolvency or other voluntary or involuntary cessation, all subscription rights will revert to Leaf Coppin who will forthwith terminate the subscription without compensation of any nature to the Licensee or his successors or administrators insofar as allowed by law. Where the Licensee sells his business to, or merges his business with that of, a third party as a going concern, the Licensee shall inform Leaf Coppin of his wish to transfer the subscription to the Software to this third party, which shall be done at the discretion of Leaf Coppin, and no additional time will be added to the Subscription in such a case; in the event that Leaf Coppin decides not to permit such a subscription to be transferred, it will at its sole discretion repay the original subscription, less a value for
pro rata use as calculated by Leaf Coppin, less an administrative charge of twenty per cent of the original subscription amount paid plus value added tax at the current rate.
The Licensee may not use, provide a link to, copy or create any version of the Software on one or more computers, one or more workstations or a server in a network or multi-user system, in such a way that the Software is thereby accessible and usable by other computer users or third parties who are not licensed to use it, for example in a wireless network, through a web-site or through any web proxy arrangements. The Licensee may not create a service that allows third parties to use the Software whether remunerated or not.
The Licensee may not use, provide a link to, copy or create any version of the Software such that it is accessible and/or usable from outside the Licensee's organisation for access by third parties via a web browser, video link, visual telephone link or other remote access means whether remunerated or not, for example, but not limited to, placing a link on the Licensee's own web site.
The Licensee may not attempt to modify or change the Software in any way nor enable or permit a third party so to do. The Licensee may not download (other than in the normal use of the Software), reverse engineer, disassemble, or recompile or decompile the Software. The Licensee may not create derivative works of any nature obtained by any means including, but not limited to, printed works or works based on web pages, on the basis of the Software. The Licensee may not pass on their access details to any third party. The Licensee may not sell, rent, lease, lend or in any other way pass on the Software or any rights therein. The Licensee may not use the Software on or via other versions of Filemaker or associated or compatible software including but not limited to ODBC (Open Database Connectivity) and JDBC (Java Database Connectivity) based programs. The Licensee may not copy or clone the Software in any way for any purpose.
No part nor the whole of the Software or its screen representation may be transmitted to a third party in any form or by any means, including file downloading, file uploading, file copying, file saving, file transfer, email or electronic assembly, storage and/or transmission other than for the purposes of back up. The Licensee may only screen print, print using their browser’s Print function, or save web pages or copy such printed material for their own use within the limits of UK copyright law. Any publication, circulation or distribution of any such printed material, whether singly or in multiple copies to third parties, and whether remunerated or not, other than for the purposes of legal submission, is strictly forbidden and may result in prosecution under the copyright laws of the UK.
All rights and title in the Software, including its copyright and any copies of the Software made legally or illegally for any purpose, remain with Leaf Coppin and its Licensors. Infringements of copyright known to the Licensee must be reported to the Copyright Licensing Agency and to Leaf Coppin.
Warranty and Disclaimer
Leaf Coppin and its Licensors make no warranties whatsoever as to the content or performance of the Software or its suitability for or applicability to any purpose of the Licensee or of the Licensee's customers, clients, or recipients of the Licensee's advice or opinions based however loosely on the Software.
The Licensee accepts that the information contained in the Software is the Author's opinion given in good faith. It does not constitute advice on any actual circumstances or cases and users are advised always to consult a professional before taking decisions. Neither Leaf Coppin nor the Author can take any responsibility for actions or advice of any nature based on the opinion contained in the Software nor shall they be liable individually or severally for any damages whatsoever, including any consequential damages, arising from any action so taken, by either The Licensee or his associates, affiliates, customers, clients or any other recipients of such advice either directly or indirectly. Neither Leaf Coppin nor the Author can get involved in individual cases.
Availability of the Software
The Licensee accepts that from time to time Leaf Coppin will temporarily need to make the Software unavailable in order to update the Software, its functionality and/or content, and to maintain replace or repair the Software the server and or its power supplies and connections. The Professional and Light User web services will normally be available from 8am to 8pm GMT Monday to Friday including bank holidays. The Professional Unlimited web service will be available without restriction.
The Licensee accepts that Leaf Coppin will not be liable for any losses or damages of any nature resulting from viruses, worms, trojans, spyware or any other malevolent software, including from the use of Leaf Coppin’s web sites and any programs used to create them and emails from Leaf Coppin or its Licensors. The Licensee accepts that it is entirely his and/or his service provider’s responsibility to guard against any and all such malevolent software.
The Licensee accepts that in the event of technical circumstances or other events that are beyond Leaf Coppin's control including but not limited to power outages, power failures, power brownouts, network failures, server failures, software failures, and software conflicts or malevolent software as described in the previous paragraph, either on The Licensee’s computers or on Leaf Coppin’s computers or resulting from any sort of interaction between these or of any intermediary computers and data transmission lines, the Software may be unavailable or may not function correctly or as expected. Leaf Coppin will in no way be liable for any damages whatsoever resulting from or deemed to be consequent upon any such circumstances or events.
Failure to comply with or refusal to accept any of these terms or conditions by subscribers to the Service may result in automatic termination of the Licensee's subscription without compensation or refund and may occasion legal and/or other penalties including but not limited to referral to regulatory and professional bodies to which the purchaser of the Software and the Licensee belong or by which they are controlled. Any such termination will not invalidate or render redundant this Licence or any of its content in any way. Any continuing and unresolved dispute may be referred to arbitration.

This version of these Terms and Conditions is dated Monday, 27 October 2014, and supersedes all previous versions.
Leaf Coppin, PO Box 234, Lewes, BN7 9JH. Telephone 0800 151 3011.
Regd. 1638608 at 37 St. Margaret's Street, Canterbury CT1 2TU. VAT no. 397809879