Terms & conditions
1. 3D Digital Urban Model
1.1 The License holder will provide the Licensee with 3D digital urban models using the DigitalUrban.place platform.
1.2 The Licensee agrees that the License holder and DigitalUrban.place would not be able to provide the 3D Digital Urban Model on an economic basis without the exclusions of liability and disclaimers set out in this licence, which represents the basis of the agreement between the Licensee and the License holder and DigitalUrban.place
1.3 The 3D Digital Urban Model contains information from a number of sources. Whilst the License holder and DigitalUrban.place intends that the content of the 3D Digital Urban Model is accurate, reliable and up to date, because of the fact that elements of the 3D Digital Urban Models are based on information produced by third parties, the License holder and DigitalUrban.place cannot guarantee that this is the case. Accordingly, the 3D Digital Urban Model is provided to the Licensee on an “as is” basis and the License holder and DigitalUrban.place excludes all warranties (express or implied) to the maximum extent permitted by law. The rights afforded under this licence are personal to the Licensee and do not confer or purport to confer on any third party any benefit or any right to rely on them.
1.4 The information provided pursuant to the 3D Digital Urban Model is only for the Licensee’s general information and use and is not intended to address the Licensee’s individual requirements. The information provided pursuant to the 3D Digital Urban Model is not intended to be relied upon by the Licensee in making specific decisions. Any decision the Licensee takes is the Licensee’s own responsibility and the License holder and DigitalUrban.place will not be liable to the Licensee in respect of any loss or damage incurred by the Licensee in relation to the 3D Digital Urban Model.
2. Intellectual Property
2.1 The Licensee is granted a licence to use the 3D Digital Urban Model by the License holder and DigitalUrban.place. This licence is granted on a non-exclusive, non-transferable basis. The licence is provided on the basis that any new 3D models or enhancements created by the Licensee to update the 3D Digital Urban Model is assigned to DigitalUrban.place for inclusion in master 3D digital Urban model and made available to future users of the Digital Urban platform.
2.2 All intellectual property rights in any data modifying or otherwise affecting the 3D Digital Urban Model shall vest in the License holder and DigitalUrban.place. The Licensee shall have a licence to use the same for the purposes outlined in this licence.
2.3 Except as permitted under the terms of this licence, The Licensee may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of the 3D Digital Urban Model, or commit any similar act without DigitalUrban.place permission. The Licensee shall not otherwise use the 3D Digital Urban Model in any manner that infringes the intellectual property or other rights of DigitalUrban.place or any other party. The Licensee shall not remove, alter, obscure, interfere with or add to any proprietary notices, labels, trademarks, names or mark on, annexed to, or contained within the 3D urban models.
2.4 The Licensee agrees not to rent, lease, sell for profit, modify, adapt, translate, reverse engineer, decompile (except to the extent permitted by law), or disassemble the 3D Digital Urban models, create derivative works from the 3D Digital Urban Models without seeking prior permission from the License holder and DigitalUrban.Place.
2.5 The Licensee agrees not to incorporate the 3D Digital Urban Model into any other software or designs which the Licensee may sell or distribute for the Licensee’s own or any commercial gain. The Licensee further agrees not to use the 3D Digital Urban Model (or supply the 3D Digital Urban Model for use) in any networked or other service, extranet or equivalent service provided for any third party for payment or reward. If Licensee breaches this licence or the agreement in this paragraph, Licensee agrees to account to DigitalUrban.place for any payment or reward made by Licensee pursuant to any such arrangement.
2.6 The Licensee shall indemnify the License holder and DigitalUrban.place in respect of any loss suffered if the Licensee breaches the provisions of this licence.
2.7 The Licensee shall indemnify the License holder and DigitalUrban.place in respect of any claims brought by any third party in respect of infringement of copyright or other intellectual property rights in any material supplied by the Licensee or on the Licensee’s behalf to the License holder and DigitalUrban.place in connection with the Service.
3.1 The License holder and DigitalUrban.place total liability to all parties under or in connection with the Digital Urban Model, and/or this licence shall be limited, to the maximum extent permitted by law, to the fee payable to DigitalUrban.Place (if any) under this licence. The Licensee acknowledges that the limitations are necessary to allow the License holder and DigitalUrban.place to provide the licence.
3.2 Nothing in this licence Agreement shall exclude or limit the License holder and DigitalUrban.place liability for death or personal injury due to its negligence or any liability due to its fraud or any other liability which may not be limited or excluded as a matter of law.
4.1 Each party undertakes not to disclose to any third party any confidential information received from the other party, other than to those of its officers and employees to whom such disclosure is necessary to its obligations under this agreement. Each party shall ensure that any such persons to whom such information is disclosed are made aware of the contents of this letter and abide by its terms.
4.2 For the purposes of this licence the term “confidential information” shall not include information which was in the public domain prior to receipt by the relevant party, information which subsequently becomes part of the public domain other than through a breach of this licence, or information which was known to the receiving party prior to the disclosure of the information by the other.
5.1 The License holder and DigitalUrban.place may terminate this licence if Licensee fails to comply with the terms and conditions of this licence.
5.2 On termination, all rights granted under this licence shall end immediately and Licensee must return or destroy all copies of the 3D Digital Urban Models and option and certify that such has taken place.
6.1 These terms are governed by English law. Any disputes will be decided only by the English courts.
6.2 If any part of this Licence is found void and unenforceable, it will not affect the validity of the remainder of the Licence, which shall remain valid and enforceable according to its terms.
6.3 All terms which by their nature should survive termination of this licence Agreement shall survive its termination.
6.4 Save that the License holder and Digital Urban.place reserves the right to enforce this licence for the purpose of the Contracts (Rights or Third Parties) Act 1999, this licence does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.