HSE RSS Feed - Standard Licence Terms

By downloading the HSE RSS Feed ("HSE Feed") from the Health and Safety Executive website ("HSE") you agree to be bound by the terms set out below (the "Standard Licence Terms"). These Standard Licence Terms may be updated by the HSE from time to time.

Your download and/or use of a HSE Feed indicates your agreement to these Standard Licence Terms.

1. Licence

1.1 Subject to the terms of this Agreement the HSE grants you a non-transferrable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from the HSE via the HSE Feed ("HSE Content").

1.2 All title, ownership rights and intellectual property rights in and to the HSE Feed shall remain the property of the HSE.

1.3 Nothing in these Standard Licence Terms grants you any right to use the HSE trade mark on your Site or elsewhere.

2. Use of HSE Content

2.1 You may not use the Feed or display any HSE Content on any Site that is a web site that is excluded by the HSE (scroll down for the list of Excluded Websites as may be amended by the HSE from time to time).

2.2 You must ensure that all HSE content on your site has an accreditation to the HSE in accordance with the HSE accreditation guidelines (scroll down for the HSE accreditation guidelines as may be amended by the HSE from time to time).

2.3 You may not directly or indirectly charge users specifically for accessing HSE content or otherwise commercialise such content, nor attempt to re-sell the HSE content in any way.

2.4 Where possible you must create a functional link back to the HSE News story(ies) summarised by the HSE Content. If you are displaying the HSE Feed where a functional link back to the HSE is not possible, you must display on-screen the URL from which the HSE Content can be obtained (scroll down to the accreditation section below.) You may not directly or indirectly change, edit, add to or produce summaries of the HSE Content or any content on the HSE website nor place any full-story HSE content in an HTML frame-set.

2.5 You may not directly or indirectly suggest any endorsement or approval by the HSE of your Site or any non-HSE entity, product or content or any views expressed within your site or service.

2.6 You acknowledge that the HSE has absolute editorial control over all HSE Content and you accept that the HSE is editorially independent and that the editorial integrity of the HSE Content is the sole responsibility of the HSE.

2.7 Should you receive any enquiries which relate to the HSE or the HSE Content you should promptly refer such enquiries to http://www.hse.gov.uk/contact/index.htm.

3. Warranties & Liability

3.1 You warrant to the HSE that:

1. you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
2. the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the HSE into disrepute, or which is in breach of any third party intellectual property rights; and
3. users of the Site shall be required to comply with terms that are equivalent to the Standard Licence Terms in relation to their use of HSE Content.

3.2 The HSE Feed is made available by the HSE on an "as is" and "as available" basis and the HSE gives no warranty of any kind in relation to the HSE Feed, the HSE Content, or any content on the HSE website. The HSE disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the HSE Content, the HSE Feed and the HSE website and any content thereon.

3.3 To the maximum extent permitted by law the HSE excludes all liability to you for any loss or damage howsoever arising out of or in connection with this agreement, including but not limited to any liability arising in relation to the HSE feed, the HSE content or any content on the HSE website, any virus or other contamination or any unavailability of HSE content.

3.4 Each provision of this Clause 3 operates separately in itself and survives independently of the others.

4. Indemnity

4.1 You hereby agree to indemnify, hold harmless and defend the HSE in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard Licence Terms or otherwise in connection with your use of the HSE Feed (including the HSE Content).

5. Termination

5.1 You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the HSE Feed (including the HSE Content) from your Site, all hard drives, networks and other storage media.

5.2 The HSE may restrict, suspend or terminate the HSE Feed, this Agreement, the licence granted herein or your access to the HSE Feed at any time without liability. You agree to destroy all copies of the HSE Feed (including the HSE Content) upon receiving notice of termination from the HSE.

5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.

6. General

6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.

6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.

6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.

6.4 This Agreement shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

Excluded Websites

The HSE's RSS feeds and any HSE content contained in the HSE RSS feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour
2. Sites that promote, encourage or facilitate violence
3. Sites that promote, encourage or facilitate terrorism or other activities that risk UK national security
4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society
5. Sites that promote, facilitate or encourage illegal activity
6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law
7. Sites which infringe individual privacy.

Accreditation Guidelines

Any HSE RSS feed or HSE content on your site must incorporate an attribution (credit) to the HSE in one of the following forms:

• "From HSE News / hse.gov.uk" (delete as applicable), or
• "This content / article is from HSE News / the HSE News website / hse.gov.uk" (delete as applicable)

If you are displaying a HSE RSS feed in a context where a functional link back to the article on the HSE's website is not possible then you must use the following attribution (credit)

• from hse.gov.uk

You may not use any HSE logo or other HSE trade mark without signing a HSE trade mark licence agreement.