HESA-withrights

[hlainchb]

I added this license as a subset of what was available at : http://www.hesa.ac.uk/index.php?option=com_content&task=view&id=2619&Itemid=209

The other sections of this page include things like web cookies and email updates so they didn't seem to belong in a license, plus, the section title for section 6 is titled "Your License of the Unistats Dataset" which to me meant that this section is the actual license.

In any case, I am not 100% sure if I have this right so am raising the issue. If I don't get any objection to closing it in a few weeks, I will consider this sufficient and will close the issue.

[enyst]

I don't find better text on the site either. Everything else seems to say that the intention is indeed for these terms to be the license. However, I find two other sections that are customary in a license and one that isn't:

• section 3, last phrase, reads to me like a no-warranty disclaimer.

  IMPORTANT: [this Website and] the Unistats Dataset is therefore provided to you on an "as is" and "as and when available" basis.

• section 2, first paragraph, looks like specifying jurisdiction.

  The Terms of Use are governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

• section 2, second paragraph.

  If you do not agree to be bound by the Terms of Use please cease to access and use the Unistats Dataset and any of the information found within it (including any information you have copied or downloaded).

The last is slightly unusual; information you have copied or downloaded, you may have provided downstream. It doesn't seem intended to cause any consequences though.

[enyst]

This is how it reads with all three included and minimally edited: hesa-withrights.md.

IMHO, there are too many changes to safely assume that making the edits or leaving them out is without consequence. (IANAL)

[hlainchb]

I think we have to take them at their word on this. They explicitly label the license with the heading "Your licence of the Unistats Dataset". That's what I would consider the license. No more, no less.

Licenses can be (open or not) can be applied in a variety of ways. In this case it's applied embedded in a terms of use.