Non-open OGL + terms license for some UK gov-related data

[rufuspollock]

UKCES put out "LMI For All" with data on education, skills and jobs.

LMI for All is an online data portal which connects and standardises existing sources of high quality, reliable labour market information with the aim of informing careers decisions. This data is made freely available via an API for use in websites and applications.

Data is supposed to be open but:

• Data only available via an API (you have to register for)
• Terms and Conditions state that data is licensed under OGL but then proceed to add non-open conditions - http://www.lmiforall.org.uk/terms-and-conditions/. See highlights below

Terms

Terms and Conditions

1. Introduction

1.1. The terms and conditions detailed in this document govern the access and use of the LMI for All online data portal. LMI for All will be referred to in this document as the ‘online portal’. By accessing or using the online portal, you agree to the terms set forth in this document and to comply with them at all times. We reserve the right to amend or replace the terms and conditions at any time.

1. Online Portal Operator

2.1. The online portal is operated by a consortium led by the Warwick Institute of Employment Research (IER) and including Pontydysgu, Raycom and Rewired State on behalf of The UK Commission for Employment and Skills (UKCES) Renaissance House, Adwick Park, Wath upon Dearne, South Yorkshire, S63 5NB.

1. Licence

3.1. UKCES owns the foreground intellectual property rights of the online portal.

3.2. UKCES gives you permission to use this online portal on the terms and conditions detailed in this document.

3.3. All datasets included in the online portal are licensed under the Open Government Licence. All datasets included in the online portal should be used only under the conditions specified within the Open Government Licence. Details of the Open Government Licence can be found here.

1. Use of the data

4.1. UKCES has taken every reasonable step to ensure that all data is included in the online portal is robust. However, no warranty, express or implied, is given as to its accuracy and UKCES does not accept any liability for error or omission. UKCES is not responsible for how the information is used, how it is interpreted or what reliance is placed on it.

4.2. For any applications that may be developed or prototyped, it is expressly prohibited for applications, third-parties, intermediaries, and sources external to those owned/operated by UKCES, or its appointed contractors for the LMI for All project, to store, in any form (Including, for example, local caching for any time period), data returned by the LMI for All API. This condition is made to ensure data integrity, confidence, privacy regards, provenance, and respect of the agreements of data-source agreements.

4.3. In line with our obligations under Data Protection (the 1998 UK Act and EU Directive 95/46/EC), it is expressly prohibited for (i) data transfers (ii) and notwithstanding the above, for data to be stored; outside of the EEA and/or Safe Harbor [sic] facilities.

1. Availability

5.1. Access to the online portal is granted via request. UKCES reserves the right to deny requests at any time.

5.2. We will endeavour to ensure that the online portal is available 24 hours per day without any interruptions. However, as the online portal is in development, we reserve the right to make the online portal unavailable at any time or to restrict access to parts or the entire online portal without notice.

5.3. During the period of development of the online portal, we cannot guarantee that the API will remain unchanged.

1. Linking

6.1. The online portal may contain links to other websites. UKCES accepts no responsibility or liability for the content of other websites.

1. Liability

7.1. UKCES does not guarantee that use of the online portal will work with all hardware and software which may be used by users.

7.2. UKCES will not be responsible to you in any circumstance whatsoever for any direct, indirect or consequential loss (all three of these terms include, pure economic loss, loss of profits (whether direct loss or indirect loss), loss of business, depletion of goodwill and any similar loss) however caused in connection with the use of the online portal or the use or relying on any information or other materials contained in the portal. This also refers to the way data is used or presented by any users of the online portal.

7.3. This online portal uses security measures to protect the material we control from loss, misuse and alteration. However, we do not accept responsibility for any alteration or manipulation of our data once it has been released on the online portal.

1. Termination

8.1. Access to the online portal is taken as agreement on your part not to misuse the online portal through the introduction of material which is technologically harmful.

8.2. Breach of this provision will result in access being rescinded and we reserve the right to criminally prosecute.

8.3. UKCES may withdraw its permission for you to use the online portal without giving you any warning.

1. Privacy

9.1. UKCES complies with all applicable Data Protection laws in the UK. The data included in this online portal is non-disclosive and individuals cannot be identified. Our Privacy Statement can be found here.

1. Freedom of Information

10.1. The Freedom of Information Act 2000 provides a general right of access to information held by Public Authorities. UKCES is subject to the provisions of the Act.

1. Entire Agreement

11.1. These Terms and Conditions contain the entire agreement between the parties in relation to the use of the online portal and supersede any other statement and understanding relating to this matter.

1. Law and Jurisdiction

12.1. These Terms and Conditions shall be governed by and interpreted in accordance with English Law and all parties shall submit to the jurisdiction of the English courts.