Policies

Landarna End-User License Agreement

PLEASE READ CAREFULLY BEFORE ACCESSING ANY SERVICES FROM THIS WEBSITE:

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and 3adapt Limited trading as Landarna incorporated and registered in England and Wales with company number 10754360 whose registered office is at F5a, The Foundry Beehive Yard, Walcot Street, Bath, England, BA1 5BT (Landarna, us, our or we) for:

  • Landarna services and any data supplied with the services (Services).

  • Any online software applications provided as part of the Services (Software).

  • Any online documents provided as part of the Services (Documents).

  • Third party information and data accessed via the Service provided by Landarna’s third party licensors (Data)

  • Any results of the Services including any information, initial assessments, documents, reports or otherwise obtained through use of the Services (Outputs).

We license use of the Services, Software, Data and Outputs to you on the basis of this Licence. We do not sell the Services, Software, Documents, Data or Outputs to you. We, or our licensors, remain the owners of the Services, Software, Documents, Data and Outputs at all times.

This software requires a Windows/Mac/Linux computer with a minimum of 4 GB of memory and the Windows, MacOS or Ubuntu operating system. For optimal performance, a modern CPU (Intel i5 or higher) and a display resolution of 1080p or higher are recommended. The software also requires 8 GB of available storage and an internet connection.

You should print a copy of this License for future reference.

1. GRANT AND SCOPE OF LICENCE

1.1 In consideration of you agreeing to abide by the terms of this Licence, we grant to you a non-exclusive, non-transferable licence (without the right to sub-licence) to access and use the Services (and the Software, Data and the Documents) on the terms of this Licence solely for your organisation’s internal business purposes.

1.2 You shall:

(a) provide Landarna with:

(i) all necessary co-operation in relation to this Licence; and

(ii) all necessary access to such information as may be required by Landarna,

to the extent required to provide the Services, Software and Documents including but not limited to data for the purpose of using or facilitating your use of the Services, Software or Documents and any data generated by, or derived from your use of the Services, Software or Documents, whether hosted or stored within the Services, Software or Documents or elsewhere, as inputted by you or on your behalf (Licensee Data), security access information and configuration services;

(b) without affecting your other obligations under this Licence, comply with all applicable laws and regulations with respect to your activities under this Licence; and

(c) ensure that your network and systems comply with the relevant specifications provided by Landarna from time to time.

1.3 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all Licensee Data. You hereby license us to use the Licensee Data for:

(a) the proper performance of the Services, including the provision of the Software and the Documents;

(b) the purposes set out in our Privacy Notice as described in condition 9; and

(c) all other purposes relevant to the proper exercise of our rights and obligations under this agreement.

1.4 You undertake that you will not allow or suffer your account or subscription to be used by anyone other than you unless it has been reassigned in its entirety to another individual within your organisation, in which case the you shall no longer have any right to access or use the Services, Software and/or Documents.

2. RESTRICTIONS

2.1 Except as expressly set out in this Licence or as permitted by any local law, you shall not:

(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software, Services and/or Documents (as applicable) in any form or media or by any means; or

(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or Services;

(c) access all or any part of the Services, Software or Documents to build a product or service which competes with the Services, Software or the Documents;

(d) use the Services, Software or Documents to provide services to third parties;

(e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services, Software or Documents available to any third party except the Authorised Users; or

(f) attempt to obtain, or assist third parties in obtaining, access to the Services, Software or Documents, other than as provided under this Licence.

2.2 You shall not use the Services to:

(a) distribute or transmit to Landarna any viruses;

(b) store, access, publish, disseminate, distribute or transmit any material which:

(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(ii) facilitates illegal activity;

(iii) depicts sexually explicit images;

(iv) promotes unlawful violence;

(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(c) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, on no less than thirty (30) days' prior written notice to you, such notice specifying the breach of this condition and requiring it to be remedied within the thirty (30) day period, to disable your access to the Services, Software and Documents for the duration of time that the breach remains unremedied.

2.3 You agree to comply with the additional terms set out in the Third Party Licence Terms which apply to the Data as published in the methodology section of the app, under the “data layers section” from time to time.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that all intellectual property rights in the Services, Software and Documents anywhere in the world belong to us or our licensors, that rights in the Services, Software and Documents are licensed (not sold) to you, and that you have no rights in, or to, the Services, Software or the Documents other than the right to use them in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to any Software in source code form.

4. NO WARRANTY

4.1 We provide no warranties to you however we do provide a limited warranty to your organisation under the terms of our commercial arrangement with your organisation.

5. LIMITATION OF LIABILITY

5.1 You accept responsibility for the selection of the Services to achieve your intended results and acknowledge that the Services, Software and Documents have not been developed or designed to meet or support any individual requirements you have.

5.2 We only supply the Services, Software, Data, Outputs and Documents for internal use by your business, and you agree not to use the Services, Software, Data, Outputs or Documents for any resale purposes.

5.3 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) wasted expenditure;

(e) loss or corruption of data or information;

(f) loss of business opportunity, goodwill or reputation, where any of the losses set out in condition 5.3(a) to condition 5.3(e) are direct or indirect; or

(g) any special, indirect or consequential loss, damage, charges or expenses.

5.4 Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability to you under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £0. This maximum cap does not apply to condition 5.5.

5.5 Nothing in this Licence shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be excluded or limited by English law.

5.6 This Licence sets out the full extent of our obligations and liabilities to you in respect of the supply of the Services, Software, Data, Outputs and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services, Data, Outputs and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. The limitations of liability in this clause 5 apply to our liability to you as an end use of the Services, Software, Data, Outputs and Documentation and do not apply to our liability to your organisation, the terms of such limitation of liability are set out in our agreement with your organisation.

6. TERMINATION

6.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence.

6.2 On termination for any reason:

(a) all rights granted to you under this Licence shall cease;

(b) you must immediately cease all activities authorised by this Licence; and

(c) you must immediately and permanently delete or disable interfaces to the Services from all computer equipment in your possession, and immediately destroy, delete or return to us (at our option) all copies of the Data, Outputs, Documents and Software then in your possession, custody or control and, in the case of destruction or deletion, certify to us that you have done so.

7. COMMUNICATIONS BETWEEN US

7.1 We may update the terms of this Licence at any time on notice to you in accordance with this condition 7. Your continued use of the Services, Software and Documents following the deemed receipt and service of the notice under condition 7.3 shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing the Services, Software and Documents on the deemed receipt and service of the notice.

7.2 If we have to contact you, we will do so by email or by pre-paid post to the address you provided in accordance with your registration for the Services.

7.3 Any notice:

(a) given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter; and

(b) given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.

7.4 In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.

8. EVENTS OUTSIDE OUR CONTROL

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 8.2.

8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:

(a) our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Services, Software and the Documents and for what purposes and those individuals' rights in relation to their personal data and how to exercise them. This information is provided in Privacy Policy — Landarna and it is important that you read that information.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.

10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

10.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.

10.4 You acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it.

10.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence or any document expressly referred to in it.

10.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

10.7 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

10.8 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.9 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.