SP Energy Networks Shared Data Licence
Below is the SP Energy Networks Shared Data Licence (the “Licence”).
Please note that any Licensed Material You access under this Licence must be kept confidential under the terms of this Licence and is not Open Data.
Your use and re-use of the Licensed Material must be in accordance with the terms of this licence.
Please provide any feedback if there is anything that You would like to clarify.
1. Using the SP Energy Networks Shared Data Licence
The terms and conditions set out in this Licence apply to the SP Energy Networks datasets as specified within the SP Energy Networks Open Data Portal. It is Your responsibility to check which datasets are made available under this Licence.
SP Energy Networks may at any time revise this Licence without notice. It is up to You to regularly review the Licence, which will be available on our Portal, in case there are any changes. After a change has been made to the Licence, Your continued use of the data feeds will be treated as Your acceptance of that change.
2. Exercising the Licensed Rights
By exercising the Licensed Rights (defined in Section 10), You accept and agree to be bound by the terms and conditions of this Licence.
3. Scope
3.1. Licence grant. Subject to the terms and conditions of this Licence, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive licence to exercise the Licensed Rights in the Licensed Material to access, reproduce and use the Licensed Material, in whole or in part, as follows:
You are free to -
Access, copy and use the Licensed Material for your internal business or research purposes only.
You must -
· Reproduce the Licensed Material without any substantial or material alteration or amendment;
· Keep the Licensed Material confidential in accordance with Section 4, below; and
· Return or destroy any Licensed Material and copies of Licensed Material you hold on our written request.
You must not -
Modify, adapt, distribute, disclose, or publish the Licensed Material.
3.2. No endorsement. Nothing in this Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by the Licensor or others.
Other rights
3.3. Moral rights, such as the right of integrity, are not licensed under this Licence, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
3.4. Patent and trademark rights are not licensed under this Licence.
3.5. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
4. Licence Conditions
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
Confidentiality
You will treat any Licensed Material made available to You under this Licence as private and confidential and will not publish or disclose such Licensed Material without the Licensor’s prior written consent, provided always that the provisions of this Section shall not apply to:
4.1.1. any Licensed Material already known to You otherwise than as a result of breaching this Licence;
4.1.2. any Licensed Material subsequently received by You other than by a breach of this Licence, which You would otherwise be free to disclose;
4.1.3. any Licensed Material which is or becomes public knowledge otherwise than as a result of Your conduct;
4.1.4. the disclosure of any Licensed Material by You to the extent that You are required to disclose the same pursuant to any law, order, regulation, legal process, or the rules of any stock exchange on which Your shares (or the shares of Your parent company) are listed subject to You using all reasonable endeavours to minimise the extent of such disclosure.
Should the Licensor consent to Your disclosure of Licensed Material to a third party, that consent is subject to You procuring that the third party treats such Licensed Material as confidential and in compliance with this Licence.
5. Disclaimer of Warranties and Limitation of Liability
5.1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
5.2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Licence or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
5.3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
6. Term and Termination
6.1. This Licence applies for the term of the Copyright and Similar Rights licensed here, save that:
6.1.1. if You fail to comply with this Licence, then Your rights under this Licence terminate automatically; and
6.1.2. the Licensor may revoke or deny You access to Licensed Material at any time for any reason.
6.2. Where Your right to use the Licensed Material has terminated under Section 6.1, it reinstates:
6.2.1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
6.2.2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6.2 does not affect any right the Licensor may have to seek remedies for Your violations of this Licence.
6.3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Licence.
6.4. Sections 2, 6, 7, and 8 survive termination of this Licence.
7. Other Terms and Conditions
7.1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
7.2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Licence.
8. Interpretation
8.1. For the avoidance of doubt, this Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Licence.
8.2. To the extent possible, if any provision of this Licence is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Licence without affecting the enforceability of the remaining terms and conditions.
8.3. No term or condition of this Licence will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
8.4. Nothing in this Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
9. Definitions
Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and sui generis database rights, without regard to how the rights are labelled or categorised. For purposes of this Licence, the rights specified in Section 3.5 and 3.6 are not Copyright and Similar Rights.
Licensed Material means the artistic or literary work, database, other material, or any information of a confidential nature, to which the Licensor applied this Licence.
Licensed Rights means the rights granted to You subject to the terms and conditions of this Licence, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to licence.
Licensor means SP Energy Networks.
Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
You means the individual or entity exercising the Licensed Rights under this Licence. Your has a corresponding meaning.