THE CROWN ESTATE OPEN DATA LICENCE (GIS) – VERSION 1.1

Please read these terms and conditions carefully before accessing, downloading or using data made available on the Portal.

1. THESE TERMS

1.1 These terms of use (the "Terms") provide you with the terms on which The Crown Estate ("we") provides you with access to Open Data made available on The Crown Estates Open Data portal at https://opendata-thecrownestate.opendata.arcgis.com/ ("the Portal").

1.2 By accessing, downloading, and/or using the Open Data, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not access, download or use the Open Data.

1.3 We may revise these Terms at any time by amending this page. You should check back regularly to ensure you are familiar with the updated Terms.

1.4 "Open Data" means data made available to users on the Portal, including but not limited to web maps, static maps, web services and static data, but specifically excluding "Public Data". Please refer to The Crown Estate Public Data Licence for the terms of access to Public Data.

1.5 "Public Data" means data made available to users on the Site, including but not limited to web maps, static maps, web services and static data, that has been made available to facilitate and populate web apps we have published.

1.6 "Site" means The Crown Estate's ArcGIS Online Organisational Account at https://thecrownestate.maps.arcgis.com/

2. OTHER WEBSITE TERMS

2.1 There are additional terms, which also apply to your use of the Portal:

(a) ArcGIS Online Terms of Use (https://doc.arcgis.com/en/arcgis-online/reference/terms-of-use.htm)];

(b) ESRI Privacy Statement (https://www.esri.com/en-us/privacy/privacy-statements/privacy-statement); and

(c) ESRI Products and Services Privacy Supplement (https://www.esri.com/en-us/privacy/privacy-statements/privacy-supplement).

2.2 To the extent that these Terms conflict with any of the provisions of the additional terms listed in Section 2.1(a) above, these Terms shall prevail.

3. AVAILABILITY OF THE DATA

3.1 The Open Data is made available free of charge.

3.2 We may change, update or remove the Open Data from time to time. It is your responsibility to ensure that you obtain any updates, new versions or revised urls for the Open Data (to the extent that there are any). We are under no obligation to provide you with any such updates, revisions or alternatives.

3.3 We do not guarantee that the Open Data will always be available. We may suspend, withdraw, discontinue or change all or any part of the Open Data without notice. We will not be liable to you if for any reason the Open Data is unavailable at any time or for any period.

4. GENERAL DATA LICENCE

4.1 The Open Data is protected by copyright and database laws and treaties around the world, and all such rights are reserved. We are the owner or the licensee of all intellectual property rights in the Open Data.

4.2 We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to access, download and/or use the Open Data, subject to the conditions set out in these Terms.

4.3 You may:

(a) Access and view the Open Data and Manipulate copies of the Open Data that you make on your own system;

(b) store the Open Data and Manipulated Data; and

provided always that you:

(d) do not copy, use or reproduce the Open Data, either in whole or in substantial part, on or in connection with a website or portal that is concerned with the provision of the same or similar services to the Open Data services we provide via the Portal;

(e) use the Open Data only in the ordinary course of your business;

(f) do not resell the Open Data to a third party or make any commercial gain directly from the provision of the Open Data to a third party; and

(g) acknowledge the source of the Open Data and the Manipulated Data when you use it by including the following attribution statement:

"Contains data provided by The Crown Estate that is protected by copyright and database rights."

4.4 For the avoidance of doubt, the licence to the Open Data granted under these Terms does not authorise you to:

(a) use The Crown Estate logo, or any other third party logo contained in the Open Data;

(b) use the Open Data in a way that suggests any affiliation with or endorsement by The Crown Estate.

4.5 "Manipulate" means to combine or aggregate the Open Data (wholly or in part) with other data or information or to adapt the Open Data (wholly or in part).

4.6 "Manipulated Data" means any Open Data which has been Manipulated.

5. NOT USED – (SECTION HELD FOR FUTURE USE)

6. TERMINATION OF THE LICENCE

6.1 We reserve the right to terminate the licence granted under Sections 4 and 5 at any time.

6.2 If you act in breach of any provision of these Terms, the licence granted under Sections 4 and 5 will cease immediately and you must cease using the Open Data and any Manipulated Data, and at our option, return or destroy the Open Data and any Manipulated Data or any copies of the Open Data or Manipulated Data you have made.

7. NO WARRANTY

7.1 You acknowledge that the Open Data has not been prepared to meet your individual requirements.

7.2 We make no representation, assurance, undertaking, warranty or guarantee, whether express or implied, that the Open Data is accurate, precise, complete or up-to-date, or that it is fit for any particular purpose.

7.3 We do not guarantee that the Open Data will be secure or free from bugs or viruses.

7.4 You are responsible for configuring your information technology, computer hardware and software in order to access the Open Data. You should use your own virus protection software.

8. LIMITATION OF OUR LIABILITY

8.1 Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

8.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, the Open Data;

(b) use of or reliance on any Open Data;

(d) business interruption;

(e) loss of anticipated savings;

(f) loss of business opportunity, goodwill or reputation; or

(g) any indirect or consequential loss or damage.

9. APPLICABLE LAW AND JURISDICTION

9.1 These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.

9.2 The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

10. CONTACT US

To contact us, please email enquiries@thecrownestate.co.uk