Terms of Licence

LICENCE TERMS AND CONDITIONS

1. Licence Grant

1.1 This is a Licence from Historic Environment Scotland (HES), an executive non-departmental public body established under the Historic Environment Scotland Act 2014 and a Scottish Charity (No. SC045925) and having our principal office at Longmore House, Salisbury Place, Edinburgh EH9 1SH (“Licensor”, "us", "our" and/or "we") and the licensee (listed in the Contract Details) of the Licensed Content (“Licensee”, "you" and/or "your") in exchange for the Licence Fee.

1.2 This Licence consists of the Contract Details completed by you and accepted by us, these Licence Terms and Conditions and any Third-Party Additional Terms. If there is any conflict between the Contract Details and these Licence Terms and Conditions, the Contract Details will take priority.

1.3 Any definitions used in the Contract Details shall apply to these Licence Terms and Conditions.

2. Owner of the Licensed Content

Historic Environment Scotland is either the owner or the licensee of the Licensed Content purchased by you through airphotofinder.ncap.org and is entitled to grant this Licence to you in order to use the Licensed Content on the terms of this Licence.

3. Licence Purpose

3.1 This Licence is for the use of the Licensed Content for the applicable Permitted Purpose within the applicable Territory as stated in the Contract Details only.

3.2 If you require to use the Licensed Content for an additional or different purpose other than the Permitted Purpose, or in a different Territory, please either purchase the correct type of licence from airphotofinder.ncap.org or contact us to arrange a separate licence suitable for your required purpose and/or territory.

4. Duration

4.1 Subject to the payment of the Licence Fee and Image Supply Fee, this Licence will commence on the Commencement Date and continue for the Term whereupon it shall automatically expire.

4.2 Notwithstanding the Term, the Licence may be terminated by us in terms of condition 9 (Termination).

5. Extent of Licence

Unless otherwise stated in the Contract Details, the Licence is:

5.1 Non-exclusive - meaning you are not the only person who can use the Licensed Content.

5.2 Fully paid up - meaning you have provided us with payment in exchange for your permitted use of the Licensed Content.

5.3 Revocable - meaning that we can revoke or otherwise terminate this Licence at any time in terms of condition 9 (Termination).

5.4 Non-transferable - meaning that you cannot give, sell or otherwise transfer the rights in this Licence to any other person.

5.5 Non-sublicensable - meaning you cannot grant a sub-licence to any other person.

5.6 Only to be used for the Permitted Purpose within the Territory.

6. Your Obligations

6.1 You must not:

6.1.1 Grant a sub-licence, sell or otherwise transfer the Licensed Content or the rights in this Licence to any other person;

6.1.2 Use the Licensed Content for any other purpose than the Permitted Purpose stated in the Contract Details;

6.1.3 Use the Licensed Content outwith the Territory;

6.1.4 Make any additions to, deletions from, alter or distort the Licensed Content; and/or

6.1.5 Use the Licensed Content in any way that would render the Licensed Content obscene, defamatory or in any way that would bring our reputation (and/or the reputation of a Third-Party) into disrepute.

6.2 You must:

6.2.1 Ensure that, in any use made of the Licensed Content, the following attribution notice is included “National Collection of Aerial Photography, [Image Reference]. All rights reserved.”;

6.2.2 Comply with any Third-Party Additional Terms and include any Third-Party attribution notice (which will be stated at the end of the Licence Terms and Conditions);

6.2.3 Only use low resolution copies (no more than 72 pixels per inch) of the Licensed Content when posting on any social media platform (this means any internet-based platform, including those which may be accessed through an app, through which users are able to create and/or share content that is accessible to members of the public, for example, sites such as Facebook, Instagram, Snapchat, TikTok, Twitter/X, Pinterest, Tumblr, Google+, and YouTube); and

6.2.4 Inform us immediately if you:

6.2.4.1 Become aware that the Licensed Content infringes the rights of any other person or organisation;

6.2.4.2 Suspect another person or organisation of infringing our rights in or to the Licensed Content; and/or

6.2.4.3 Become aware of any other form of attack or claim on the Licensed Content.

7. Third-party rights

7.1 In some cases we are not the copyright owner of the Licensed Content and the copyright belongs to someone else (a Third-Party). In these cases, the Third-Party has granted us a licence in order that we can grant this Licence to you.

7.2 If a Third-Party owns the Licensed Content, then you will have to comply with the Third-Party's Additional Terms. If any Third-Party Additional Terms apply to your Licence these will be stated at the end of the Licence.

8. Third-party claims

8.1 If anyone (including a Third-Party) makes a claim against you in connection with this Licence or the Licensed Content, you must:

8.1.1 tell us as soon as possible by emailing us at ncap@hes.scot; and

8.1.2 not take any action or make any admissions in response to such a claim.

8.2 If someone does make a claim against you and you have notified us in terms of condition 8.1 then we will decide what action to take and have exclusive control over, and conduct of, all claims and proceedings.

9. Termination

9.1 The Licence can be terminated by us in any of the following circumstances:

9.1.1 we can give you one month's notice in writing at any time;

9.1.2 with immediate effect if you commit a breach of any of your obligations in the Licence or, if such breach is remediable, you fail to remedy the breach within a period of 30 days after we have notified you in writing to do so;

9.1.3 with immediate effect if you breach any of the Third-Party Additional Terms;

9.1.4 with immediate effect if your use of the Licensed Content infringes any law (whether domestic or foreign) or, in our reasonable opinion, negatively affects our (or a Third-Party's) reputation; or

9.1.5 you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, you become the subject of a bankruptcy petition, application or order, or you are a business and suspend or cease, all or a substantial part of that business.

9.2 Any notices from us to you will be sent by email to the address provided in the Contract Details and shall be deemed to have been received at the time of delivery.

10. Consequences on expiry or termination

10.1 On expiry or termination of the Licence:

10.1.1 all rights and licences granted by us shall immediately cease; and

10.1.2 you shall immediately cease to use the Licensed Content.

11. Liability and Indemnity

11.1 You are a consumer if you are an individual and you are buying items from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). You are a business user if you are not a consumer and are buying items from us wholly or mainly for use in connection with your trade, business, craft or profession (even if you are an individual).

11.2 Consumers: You are responsible for complying with the terms of this Licence and you may be required to compensate us against any breach of this Licence by you or against any third-party claims brought against us if your unauthorized use of the Licensed Content infringes another person's intellectual property rights.

11.3 Business users: To the fullest extent permitted by law, we shall not be liable to you for any costs, expenses, loss or damage (whether direct, indirect or consequential, and whether economic or other) arising from your exercise of the rights granted to you under this Licence. Subject to condition 11.5, our total liability to you in respect of all losses arising under or in connection with this Licence or otherwise shall be limited to the Licence Fee.

11.4 Business users: You shall indemnify us and keep us indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:

11.4.1 your exercise of your rights granted under this Licence;

11.4.2 your breach or negligent performance or non-performance of this Licence; and

11.4.3 the enforcement of this Licence.

11.5 Nothing in this Licence shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence.

12. Data Protection

We use your personal data as set out in our privacy notice published on our website at airphotofinder.ncap.org.

13. Disputes

13.1 If you have a dispute with us we would like to be able to resolve any issues with you in the first instance. Please contact us by emailing us at ncap@hes.scot.

13.2 The law of Scotland shall apply to this Licence.

13.3 Consumers: Wherever you live, you can bring claims against us in the Scottish courts. If you live in England, Wales, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

13.4 Business users: You irrevocably agree to submit all disputes arising out of or in connection with the Licence with you to the exclusive jurisdiction of the Scottish Courts.

14. We can transfer our rights

We shall be entitled to transfer our interest in this Licence to any third party. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Licence.

15. General

15.1 Nobody else has any rights under this Licence. This Licence is between you and us and nobody else can enforce it.

15.2 If a court invalidates some of this Licence, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

15.3 Any variations to this Licence must be in writing and agreed between us.

15.4 Even if we delay in enforcing this Licence, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

16. Third-Party Additional Terms and/or Third-Party attribution notice

No Third-Party Additional Terms are currently applicable.

MORE INFORMATION ON PERMITTED PURPOSE

Personal (includes private study and research)

Personal use involves personal, non-commercial use by that individual and does not include any commercial uses. Use by the individual may include the individual using the information on blogs which are purely personal with no commercial aspect, or on their personal social media accounts, or for non-commercial research or private study (which may include use in a PhD thesis).

Educational 

Means fair dealing use of information by a member of staff from a recognised educational institution for teaching purposes (including the creation of teaching materials).

Educational - public

Involves the use of materials in reports, public talks, printing in academic journals or other academic publications, academic broadcast [not for profit].

Does not include:

• Use of Materials for commercial research or reference purposes.
• Use of information for commercial academic purposes.
• Use of significant quantities of information for non-commercial research purposes.
• Use of information in commercially focused blogs or websites, or social media.

You need a general or commercial re-use license for these purposes.

General or commercial re-use includes:

• On merchandise.
• In publications such as books, textbooks, commercial academic journals, postcards, digital publications, or any other publications.
• In press publications.
• In films or TV programmes, advertising campaigns or marketing materials.
• In computer games, apps, NFTs, and in the metaverse.
• In other cultural institutions (such as HES 3D data being used in a display in a third party’s museum or to inform an exhibition being put on by a charity).
• Use of information for commercial research or reference purposes.
• Use of information for commercial academic purposes.
• Use of significant quantities of information for non-commercial research purposes.
• Use of information in commercially focused blogs or websites.
• Use of information in commercially focused social media accounts (including YouTube channels as apt).