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Spending Review
Introduction
This Licence explains how users may reproduce Crown copyright protected material. It:
1. Definitions
1.1 Acceptance Form: the completed form at Annex A.
1.2 End-User Licence: a licence issued by publishers of electronic products and publications which explains to users and subscribers how they may use the Material.
1.3 HMSO: the Controller of Her Majesty's Stationery Office in her capacity as Queen's Printer and the Queen's Printer for Scotland, who have responsibility for the management of all copyrights owned by the Crown. The term also includes Her Majesty's Stationery Office and the Office of the Queen's Printer for Scotland.
1.4 Information Asset Register (IAR): a list of information resources held by the UK Government.
1.5 Licence: this offer of terms and the completed Acceptance Form.
1.6 Material: Crown copyright protected content from Official Sources which is identified as being Crown copyright or the copyright of the Queen's Printer and Controller of HMSO or the Queen's Printer for Scotland. Items identified at paragraph 4 do not fall within the scope of this Licence.
1.7 Official Source: any publication, product or information service which has been issued by or on behalf of a Department. It also includes Material featured on departmental web sites and unpublished datasets which are listed on the Information Asset Register.
1.8 Department: UK Government departments and agencies which have Crown status. For a list of Crown bodies see HMSO's web site .
1.9 Our, us and we: HMSO.
1.10 You: any person, organisation or company who wishes to reproduce the Material under the terms of this Licence.
2. How can I obtain a licence?
2.1 Read through the terms of this Licence. You accept the terms of this Licence by completing the Acceptance Form and either:
Your Licence for a period of five years will take effect from the date you submit the Acceptance Form. The date of the Licence will correspond to the date on your Acceptance Form.
2.2 We will acknowledge, by e-mail or by post, receipt of your Acceptance Form within 2 working days.
3. Range of material covered by this licence
All Material may be reproduced under the terms of this Licence subject to paragraph 4.
4. Items falling outside the scope of this licence
4.1 Material which has been originated by government departments and agencies which have trading fund status. A list of these bodies is at Annex B.
4.2 Material in which copyright has been waiver or which can be reproduced under the terms of existing HMSO Guidance Notes:
4.2.1 legislation which can be reproduced under <HMSO Guidance Note 6> and <Queen's Printer for Scotland Guidance Note 1>;
4.2.2 unpublished Public Records which can be reproduced under HMSO <Guidance Note 3>;
4.2.3 government press notices which can be reproduced under <HMSO Guidance Note 9> and <Queen's Printer for Scotland Guidance Note 2>;
4.2.4 National Curriculum Material for England which can be reproduced under <HMSO Guidance Note 8> and National Curriculum Material for Wales which can be reproduced under <HMSO Guidance Note 10>;
4.3 Material which is subject to security classification or policy restrictions. This includes identity documents such as birth certificates and passports which feature personal information about named individuals;
4.4 Photographs and films which form part of a photographic archive which will continue to be covered by existing licensing and supply arrangements;
4.5 Items where there is a statutory requirement for licensing products and publications to be approved by a Department. For a list of these items see HMSO's web site.
4.6 Commercial database products which have been developed by Departments, often in conjunction with private sector partners. A list of these products is featured on HMSO's web site.
4.7 Government owned computer programs and software.
4.8 The following Material is also excluded because some degree of ownership may rest with third parties:
4.8.1 any copyright which subsists in the typographical arrangement of published editions except where it is indicated that the typographical arrangement rests with the Crown;
4.8.2 works in which it is indicated that the copyright is held jointly by the Crown and another individual or organisation.
5. How material may be reproduced
In the context of this Licence, the term reproduce includes the following non-exclusive rights throughout the world:
5.1 publishing the Material in any medium. This includes featuring the Material on web sites which can be accessed on the world-wide web or via an internal electronic network or on an Intranet;
5.2 authorising users and subscribers to access the Material as part of electronic or digital products which you publish, by means of an End-User Licence;
5.3 translating the Material into other languages, provided that the Material is translated accurately by a competent translator;
5.4 sub-licensing others by means of an End-User Licence to access the Material in the context of products or publications which you are making available to your end-users or subscribers;
5.5 copying the Material for the purposes of research or private study;
5.6 conversion to Braille and other services for the visually impaired;
5.7 copying by libraries.
6. Where can I obtain the material from?
You may reproduce the Material from any Official Source provided that you take care not to infringe third party copyrights.
7. Data supply arrangements
7.1 In most cases you will be able to reproduce the Material from an Official Source which has been published or made available by a department or a publisher acting on their behalf. You may reproduce the Material by whatever means you choose, including scanning, downloading from an official government web site or re-keying the text.
7.2 Information about the availability of material will generally be contained on individual IAR records which can be found via the central info-route web site. Details will include the available formats, where the material can be obtained and at what cost. Where the Material is not readily available in a published form or you wish the Material to be supplied in a bespoke format contact us providing details of your precise requirements and we shall contact the originating Department(s) and check on availability. These data provision arrangements may involve a charge which will reflect any direct costs incurred by us or the originating Department(s). We shall advise you of the cost but you will not incur any charges unless you instruct us formally to proceed with the supply of the Material.
8. Charging policy
Charges will only apply in those cases where HMSO or any other Department incurs costs in terms of supplying Material to you or converting data from one format or medium into another (see paragraph 7.2). You can therefore, reproduce the Material covered under Licence direct from an Official Source without any charge.
[The precise charging model will be subject to forthcoming discussions between HMSO and Treasury. This paragraph may need to be amended in the light of these discussions].
9. Payments
9.1 Payments - if any - will fall due within 60 days of the date of the Licence and in subsequent years on the anniversary of the date of the Licence. We will aim to issue an invoice to you within 28 days of the due date. If you wish to be invoiced on an alternative date, please indicate your preference on the Acceptance form. All payments, including VAT must be payable within 28 days of the date of our invoice and sent to the following address:
Finance Office
HMSO
St Clements House
2-16 Colegate
Norwich
NR3 1BQ
9.2 Payments should be made by Cheque or BACS (Banker Automated Clearing Service) or CHAPS (Clearing House Automated Payments Service) transfer either in sterling or in the equivalent sum in Euros. Cheques and payable orders should be made payable to HMSO.
10. Our obligations
We will aim to:-
10.1 confirm receipt of the Acceptance Form and any payments due promptly and efficiently;
10.2 seek to resolve any difficulties or queries which you may have promptly;
10.3 handle all Licences in a manner which is fair and consistent .
10.4 provide you with details of all amendments to this Licence.
If you are dissatisfied with the standard of service you receive from us, you can submit a formal complaint which will be dealt with in accordance with our complaints procedure. This is featured on HMSO's web site. Alternatively, please telephone 01603 72301
11. Your obligations
You have the following obligations under the Licence:
11.1 to provide accurate information on your Acceptance Form;
11.2 to confirm within [10 working days] of the date of the Acceptance Form if you wish to cancel the Licence;
11.3 to reproduce only Material which is within the definition of 'Material';
11.4 to reproduce Material accurately using the current version except where you make it clear that there is more up to date information available;
11.5 to include the following copyright statement:
Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.
11.6 not to use the Material for the principal purpose of advertising or promoting a particular product or service, or in a way which could imply endorsement by a department or generally in a manner which is likely to mislead;
11.7 not to reproduce the Royal Arms, departmental logos and publishing imprints which may have featured on the Official Source;
11.8 to make any payments due under the Licence promptly;
11.9 [record keeping obligations, audit inspections, complimentary copies and information dependent upon final charging basis].
12. Revision of the terms of this licence
We reserve the right to revise the terms of this Notice although existing Licences will be honoured for the remaining period of each Licence unless you wish to terminate the Licence in the light of the revised terms.
13. Termination
13.1 In addition to your rights under paragraph 2,3,5 and 12, both parties also have the right to terminate the Licence if there is material breach of the terms of this Licence which is not remedied within [60 days] of notification of the nature of the breach.
13.2 You also have the right to terminate the Licence by giving one month's notice to us in writing or by e-mail. Any fees due up to the point of termination will remain payable.
14. Assignment
The Licence may not be assigned without our consent.
15. More information
If you require any further information about Crown copyright, please visit HMSO's web site or contact us at:
HMSO
The Copyright Unit
St Clements House
2-16 Colegate
Norwich
NR3 1BQ
Fax: 01603 723000
16. Governing law
This Licence and all related matters shall be subject to the laws of England and Wales [Scotland] [Northern Ireland] and is subject to the jurisdiction of the courts of England and Wales.
