The National Land Survey of Finland (hereafter "National Land Survey" or "the Licensor") has in cooperation with the cooperation body KALLIO, in accordance with the national laser scanning programme, produced a three-dimensional data set in point format (hereafter "Data set") called Laser scanning data 5 p that describes the surface of the earth and objects on it. The Ministry of Agriculture and Forestry, the Ministry of the Environment, the Ministry of Defence, the Forest Centre, Metsähallitus, the Finnish Food Authority, the Finnish Environment Institute, and the National Land Survey participate in the operations of the cooperation body KALLIO. The Data set is available for download through a service provided by the National Land Survey.
The Data set covers some parts of Finland and its product description is available at the following address: https://www.maanmittauslaitos.fi/en/maps-and-spatial-data/expert-users/product-descriptions/laser-scanning-data-5-p.
Pursuant to section 2 in the Copyright Act (404/1961), within the limitations imposed by law, copyright shall provide the exclusive right to control the Data set by reproducing it and by making it available to the public, in the original form or in an altered form, in translation or in adaptation, in another literary or artistic form, or by any other technique. As a consequence of section 11 in the Copyright Act, if the Data set is reproduced or made available to the public, the name of the producer and the source shall be mentioned to the extent and the means required by good practice. It is forbidden to modify the Data set more than is necessary to use it as permitted.
This licence does not create a cooperational or business relationship between the Licensee and the Licensor.
2. Order and payment
The physical person as Licensee or the physical person who represents the legal person as Licensee shall log in to the Licensor's service using a strong authentication method via the Suomi.fi e-Identification service.
The Data set delivery charge is based on the Act (150/1992) and Decree (211/1992) on Criteria for Charges Payable to the State as well as the NLS price list. Payments are handled by the government's common payment service Suomi.fi Payments. The physical person as Licensee or the physical person who represents the legal person as Licensee is responsible for payments using online bank user identifiers or a credit card.
After the order has been made it is no longer possible to modify it. When the order has been made, the physical person as Licensee or the physical person who represents the legal person as Licensee will by e-mail receive an order confirmation, where the order information can be checked. The ordered Data set can be downloaded using the download link in the order confirmation for thirty (30) days following the order. The physical person as Licensee or the physical person who represents the legal person as Licensee shall log in to the Licensor's service using a strong authentication method via the Suomi.fi e-Identification service to download the Data set.
The Licensor reserves the right to not approve an order if the ordered Data set is unavailable or cannot be delivered to the Licensee for other reasons. The Licensor will inform the Licensee of the refusal to accept the order in situations such as the one outlined above. The Licensor will refund the payment for the order to the Licensee without undue delay when the order has been refused. Following the Licensor's refusal to accept the order, the Licensee is not entitled to damages or other compensation, except for the refund of the above-mentioned payment.
3. Terms of the licence
3.1 Rights of use
- in the internal operations of the physical or legal person as Licensee to reproduce, distribute, publish, modify, utilise, combine with other products as well as use as a part of an internal application or internal service; and
- process in unmodified form or at a comparable level of precision only within the European Union or the European Economic Area; and
- modify and in modified form exploit commercially and non-commercially; and
- in modified form combine with other products or use as a part of an application or service; and
- in modified form publish, distribute, or transfer to a third party.
The Licensor reserves the right to forbid the publication, distribution, or transfer to a third party of a product, application or service that has been created using the Data set, if the use of the Data set does not comply with the conditions described in the previous paragraph. The Licensee can ask the Licensor to state whether or not a product, application or service is permissible in the planning stage.
To clarify, pursuant to this licence the Data set mentioned above must not in unmodified form or at a comparable precision level be
- published, distributed, or transferred to a third party; or
- used commercially or non-commercially, combined with other products or be used as a part of an application or service; or
- processed outside of the European Union or the European Economic Area.
3.2 Obligations and responsibilities of the Licensee
The Licensee must do the following when publishing, distributing, or transferring to a third party the Data set that has been modified in accordance with section 3 above or when the Data set is being used appropriately in an application or distribution medium or method in conjunction with a service:
- mention the name of the Licensor, the name of the Data set and the timestamp when the Licensor has made the Data set available (for example, "Contains the National Land Survey's Laser scanning data 5 p data set from 2020"); and
- display a copy of this licence or a link to it; and
- require equivalent mentions when transferring rights to copies of the Data set or products, applications or services containing the Data set; and
- remove the name of the Licensor from the product, application, or service if the Licensor requires it.
When using a subcontractor, the Licensee is responsible for ensuring that subcontractors also comply with the terms of this licence.
The Licensee assumes all responsibility in full for any damages incurred by the Licensor or a third party following the use of the Data set or a part of it in breach of this licence.
If the Licensor on the basis of information it has acquired by itself or from a third party has a valid reason to suspect that the Licensee has broken the terms of this licence, the Licensor can retract the licence of the Licensee to the Data set or a part of it, terminate the use of the service by the Licensee, limit the use of the service by the Licensee and take any other actions necessary to stop the activities that are breaking or have broken the terms of the licence and to ensure that the Licensor's rights are upheld. In such a situation the Licensee is not entitled to damages or other compensation.
3.3 Obligations and responsibilities of the Licensor
The Licensor is responsible for ensuring that
- the Licensor has all rights to the Data set necessary for granting this licence and for the legal transfer of rights in accordance with the licence without imposing on the Licensee the requirement to pay royalties, mandatory licence fees or other charges; and that
- the Data set in essential parts matches the product description specified in section 1 above.
The Data set is licensed as is and the Licensor is not
- responsible for any errors or deficiencies, or any direct or indirect damage caused by such errors or deficiencies, unless otherwise specified in mandatory legislation; nor
- liable for any direct or indirect damage caused by the use or prevention of use of the Data set; nor
- granting any warranties for the Data set or a part of it being correct and up to date; nor
- obligated to ensure that the Data set remains continuously accessible, nor obligated to announce interruptions or termination of delivery, nor is the Licensor responsible for direct or indirect damage caused by interruptions or termination of distribution.
4. Processing personal data
The Data set contains no personal data, that is information about a physical person who can be identified.
In a service provided by the Licensor, the Licensor processes personal data concerning the physical person who is the Licensee and the physical person representing the legal person who is the Licensee in accordance with the General Data Protection Regulation (GDPR) of the EU (EU) 2016/679 and other data protection legislation currently in force to handle official duties assigned to the Licensor.
For physical persons as Licensees, the following personal data is collected: name, personal identity code, and e-mail address. For physical persons representing a legal person as Licensee, the following personal data is collected: the contact person's name, personal identity code, and e-mail address, and for the person who downloads the Data set, personal identity code. For legal persons as Licensees, the following information is collected: business-ID.
Personal data concerning physical persons as Licensees and physical persons representing legal persons as Licensees are included in the Licensor's customer relationship register. The data protection description of the customer relationship register describing the processing of personal information concerning data subjects is available on the National Land Survey's website. The data protection description contains the information about personal data processing required by GDPR.
The Licensor can disclose personal data concerning a physical person as Licensee and a physical person representing a legal person as Licensee as well as other information concerning a legal person as Licensee to the Finnish Defence Forces pursuant to section 37, subsection 1, paragraph 19 in the Finnish Defence Forces Act (332/2019). The Licensor does not disclose personal data specified above to other parties unless disclosure is necessary on the basis of mandatory legislation or an official regulation. The Licensor does not transfer personal data outside the European Union or the European Economic Area.
5. Applicable law and the settlement of disputes
Finnish law applies to this licence, except for international rules of conflict of laws.
Attempts will be made to primarily solve any conflicts between the Licensor and the Licensee concerning the use of the Data set through negotiation. If such negotiation does not result in the settlement of the dispute, the first court instance to settle the disagreement is the Helsinki District Court.