Terms and Conditions for Testers of Envia
The purpose of this document is to set out level terms and conditions for testers of Envia, a British Library online demonstrator for environmental information access. Envia is not yet a production-level service and the terms and conditions set out below reflect this. In agreeing to test Envia, you are also agreeing to these terms and conditions.
The legal notice applies to the entire contents of these terms and conditions and Envia. Please read these terms and conditions carefully before using Envia. Using Envia indicates that you accept these terms and conditions regardless of whether or not you choose to register with us as a tester of Envia. If you do not accept these terms and conditions, do not use Envia. This notice is issued by the British Library Board ("the British Library").
Service availability, functionality and use
As a demonstrator, the British Library makes no warranty that Envia access and use will be uninterrupted or error free.
The British Library does not make any assurances with regard to the accuracy of the results or output that derives from the use of Envia.
The British Library does not make any assurances with regard to the availability of, or access to, Envia.
The British Library hereby disclaims all warranties and conditions with regard to the software that constitutes Envia, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
The British Library makes no representations about the suitability of the information contained on, or accessed through Envia. All information is provided "as is" without warranty of any kind.
The British Library may make improvements and/or changes in Envia and/or the program(s) that underpin it at any time.
In no event shall the British Library be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of Envia.
You warrant that in your use of Envia you will not:
- Use any material or information, including images or photographs, which are made available through Envia in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is downloaded.
- Restrict or inhibit any other user from using Envia.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
You will indemnify the British Library 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 and other reasonable professional costs and expenses) suffered or incurred by the British Library arising out of or in connection with:
- (a) any breach of the warranties contained in these terms and conditions;
- (b) your breach or negligent performance or non-performance of these terms and conditions;
- (c) any claim made against the British Library for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with your use of Envia;
- (d) any claim made against the British Library by a third party arising out of or in connection with the provision of the Envia service, to the extent that such claim arises out of the breach, negligent performance or failure by you, your employees, agents or subcontractors to observe these terms and conditions;
This indemnity shall apply whether or not the British Library has been negligent or at fault.
If any third party makes a claim, or notifies an intention to make a claim, against the British Library which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), the British Library shall:
- (a) as soon as reasonably practicable, give written notice of the Claim to you , specifying the nature of the Claim in reasonable detail;
- (b) not make any admission of liability, agreement or compromise in relation to the Claim without your prior written consent [(such consent not to be unreasonably conditioned, withheld or delayed), provided that the British Library may settle the Claim (after giving you prior written notice of the terms of settlement (to the extent legally possible), but without obtaining your consent) if the British Library reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
- Nothing in this clause shall restrict or limit the British Library's general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
- The content (content being images, text, sound and video files and scripts) of the Envia interface is copyright The British Library Board. All rights expressly reserved.
Changes are periodically added to the information herein.
Materials accessed through Envia
The British Library has developed access to materials (materials being electronic metadata, textual resources, documents and datasets) through Envia responsibly and carefully, within the context of a test environment.
The British Library disclaims all liability for, and warranties (express or implied) as to the accuracy of, the information contained in any of the materials or sources accessed through Envia, or referred to on Envia, or on other linked websites or on any subsequent links. This includes, without limitation:
- any implied warranties of merchantability and fitness for a particular purpose
- any liability for damage to your computer hardware, data, information, materials and business resulting from the information or the lack of information available
- any errors, omissions, or inaccuracies in the information
- any decision made or action taken or not taken in reliance upon the information
- any copyright or rights to re-use that are defined within the materials or sources themselves.
The British Library reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, or to remove any information or materials, in whole or in part, in The British Library's sole discretion.
The rights to reuse of the materials accessed through Envia by default reside as detailed within the materials themselves. It is the responsibility of the user to examine the copyright and licensing restrictions of materials accessed through Envia and to secure all necessary permissions.
Some of the material available through Envia may be protected by U.K. and/or foreign copyright laws. For such material, the respective authors, publishers or other copyright holders retain rights for reproduction or redistribution. Users of such material are solely responsible for compliance with copyright restrictions and are expected to adhere to the terms and constraints invoked by the copyright holder. Transmission or reproduction of protected material, beyond that allowed by the fair use principles of the copyright laws, requires the written permission of the copyright owners.
The British Library makes no warranty as to, and shall bear no liability for, the availability, content, accuracy, timeliness or completeness of such information or that the information may be relied upon for any reason and bears no responsibility for the availability, accuracy, content or legality of any linked site or for that of any subsequent links.
The British Library does not endorse or recommend any of the commercial products, processes, or services offered through Envia. The views and opinions of authors that may be expressed in any of the materials accessed through Envia do not necessarily state or reflect those of the British Library.
It is anticipated that the British Library may in the course of the testing of Envia disclose Confidential Information in relation to Envia. Confidential Information means (i) non-public information, know-how and trade secrets that are designated as "confidential" or which a reasonable person knows or reasonably should understand to be confidential (ii) information about the business or affairs of the British Library disclosed to you during beta testing (iii) information about Envia disclosed to you during testing, but shall not include information that:
- is, or becomes, publicly available other than as a result of a breach of confidentiality;
- was lawfully known to you without an obligation to keep it confidential;
- is received from another source which/who can disclose it lawfully and without an obligation to keep it confidential;
- is independently developed.
You agree not to disclose Confidential Information to third parties or to use the Confidential Information other than for the testing and development of Envia.
These disclaimers and exclusions shall be governed by and construed in accordance with English Law under the exclusive jurisdiction of the English courts. Those who choose to access this site from outside England are responsible for compliance with local laws if and to the extent local laws are applicable.