Terms and Conditions

Copyright

The images, information and data featured on this website are subject to Crown Copyright, and other Intellectual Property Rights as indicated. There are also copyrights relating to the database itself and to the design, structure and code employed in the website. Historic Environment Scotland recognises these and has a legal duty to enforce and protect these rights.

Access to NCAP Website and Your Agreement to the Licence

Access to this website is provided under a Licence which is set-out below. Your use of the site automatically indicates your agreement to the following licence and the terms are contractually binding on you. If you do not wish to agree to this licence, do not use the website.

Purchasing Digital Media for Other Uses

Contact us for further permission to use Licensed Digital Media by clicking the Order Image button when viewing an image. We will issue a specific licence for any other requirement and we will indicate if a payments needs to be made.

User Licence for NCAP Website

Definitions

Licensor - Historic Environment Scotland

User - any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website or who accesses material derived from this website

Licence - the contract between the Licensor and the User which sets out the terms and conditions of use

NCAP Website - a web service and website created for public access to data from the Licensor

Personal Use - use by an individual

Educational Use - use by a recognised educational institution or student or member of staff

Distribution - providing any downloaded material to any third party by any means

Licensed Digital Media - images, text or data which may be downloaded electronically and stored on a User's computer or electronic device

The Parties

The parties to this Licence are the Licensor and a User of the NCAP website.

Commencement Date

The licence commences on the date the User downloads any Digital Media from the NCAP website.

Licence

Subject to the terms of this licence, The Licensor grants to the User a limited, non-exclusive, non transferrable licence to allow the User to use the Licensed Digital Media solely for Personal Use or Educational Use as specified.

Personal Use is granted in accordance with the terms of this Licence for research, study or personal display and printout only. The user may store Licensed Digital Media on their personal computer or electronic device but may not Distribute the Licensed Digital Media.

Educational Use is granted in accordance with the terms of this Licence for research and study only. The user and the user's staff, students, readers or visitors may create documents or publications for internal institutional use and for sharing and storing on a secure intranet, as long as the source of the information (NCAP website) is acknowledged and the rights owner of any image is attributed (for example, Ministry of Defence) and an image reference number is quoted.

The User shall not use or exploit the Licensed Digital Media or any part thereof save in accordance with this Licence. All rights in relation to the Licensed Digital Media not expressly granted to the User under this Licence are reserved to the Licensor.

The User shall not:

sell, resell, license, distribute, transmit or commercially exploit Licensed Digital Media

make the Licensed Digital Media or any part thereof available in any manner or on any media to any third party save in accordance with this Licence

reproduce or amend the Licensed Images or any part thereof in any manner

use the Licensed Images or any part thereof for any purpose other than Personal Use or Educational Use

unless the User has been granted explicit prior written consent to do so by the Licensor.

The User shall indemnify the Licensor on demand and keep the Licensor fully indemnified from and against all actions, proceedings, claims, demands, costs and damages arising directly or indirectly as a result of breach or non-performance by the User of the obligations under this Licence.

This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

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