In these terms:
- `Agreed Use` use of the imagery supplied by Getmapping within Planning Application submissions only
- `Customer` means the customer of the Imagexpress TM service
- `Getmapping` means Getmapping plc
- `Image` means the digital aerial photographic image(s) delivered to the Customer by the Imagexpress(TM) service
- `Licence` means the licence granted by these terms and conditions
- `Perational Availability` means the serving of imagery in response to verified locational information passed from the Customers web site
Getmapping grants the Customer a non-exclusive, non-transferable licence to use the Image for the Agreed Use, except where an exclusive licence has been granted for specified market sectors. For the avoidance of doubt, the Image shall not be sold, licensed, given or provided to any third party, other than in accordance with this licence.
The Customer acknowledges that Getmapping is the owner of all the intellectual property rights in the Image and agrees not to do anything that is inconsistent with those rights. In particular, the Customer shall ensure that use of the Image shall include a copyright notice stating that the Image is the property of Getmapping.
Whilst Getmapping endeavours to ensure that the Image is correct, no warranty, express or implied, is given as to its accuracy and Getmapping does not accept any liability for error or omission. In particular, Getmapping reminds you the Customer that the contents of an Image can only be what was visible at the date the photograph was taken and does not include subsequent changes.
Notwithstanding anything else in these terms, the Customer shall not make use of the Image for any purpose that might, in the reasonable opinion of Getmapping, be derogatory of Getmapping.
Operational availability of the Imagexpress TM service generally exceeds 99% up time, during office hours. Getmapping standard support hours are 9am to 5.30pm, Monday to Friday, excluding Bank Holidays. However, in the unlikely event that delivery of imagery does not occur, Getmapping will endeavour to restore normal operations within 24 hours of the situation being reported.
It is possible that certain image requests may result in a full viewer of imagery not being displayed. This can occur when an area of photography requested is not covered or under circumstances outside of the control of Getmapping.
Getmapping shall not be liable for any economic, indirect, unforeseeable or consequential loss or damage, whether from negligence or otherwise, arising in connection with the use of the Image, the Imagexpress TM service.
Save for those express obligations contained in these terms and conditions, Getmapping does not warrant or guarantee the merchantability or satisfactory nature or fitness for any purpose of the Image or anything else supplied. Getmapping hereby excludes all warranties, conditions, representations or other terms, whether implied in contract or in statute or arising in any other manner in connection with these terms and conditions save where it is unlawful by statute to exclude such liability.
Getmapping's total liability shall be limited to the amount of the Fee. Once this amount has been reached, whether this is for one or several connected or unconnected events, Getmapping's liability shall cease.
Getmapping may terminate this Licence forthwith by written notice if the Customer is in breach of these terms and conditions.
Upon the termination of this Licence the Customer shall immediately cease to use the Image and shall return it to Getmapping immediately. If requested the Customer shall confirm in writing that this has been done.
The Customer may not assign, transfer, sub-contract, charge or otherwise part with this Licence or any rights or obligations under it.
The Customer hereby grants Getmapping access as it may reasonably require to ensure compliance with these terms and conditions
Getmapping may assign, transfer, sub-contract, charge or otherwise part with this Licence or any rights or obligations under it.
These terms and conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, negotiations and discussions between the parties hereto relating thereto.
These terms and conditions may only be varied in writing by a director of Getmapping and an authorised representative of the Customer.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties accept the jurisdiction of the courts of England.