This is an HTML version of an attachment to the Freedom of Information request 'Shapefile for Tertiary Planning Units of Hong Kong'.

Planning Department 
The Government of the Hong Kong Special Administrative Region 
Licence Agreement for Using Government Digital Planning Data 
This Licence Agreement dated the  _____________ day of _____________ 20_____ is a legal 
agreement between the Customer and the Government pursuant to which the Data required by the 
Customer in the Form are supplied and under Licence No. __________ (to be completed by 
Planning Department)

In this Licence, unless the context otherwise requires, the following expressions have the 
following meanings : 
“the Charge” 
means the charge or charges payable by the Customer to the 
Government for the supply of Data as calculated and 
specified in the price list of the Government from time to 
“the Computer 
means the assembly of computer equipment used by the 
Customer at the Customer’s location for storing, processing, 
retrieving, displaying and outputting the Data supplied under 
the Licence Agreement; 
“the Licence Agreement”  means the agreement entered into between the Government 
and the Customer for the supply of the Data on the terms and 
conditions herein contained; 
“the Customer” 
means any individual, body of persons, corporate or 
unincorporated who enters into this Licence Agreement with 
the Government and whose name and address are set out in 
the Form; 
“the Data” 
means the planning data in digital form produced and owned 
by the Government and supplied to the Customer under this 
Licence Agreement; 
“the Form” 
means the order form to be filled in and completed by the 
Customer to enable the Government to supply the data under 
request as specified in the order form; 
means the Government of the Hong Kong Special 
Administrative Region; 
“the Government’s 
means the Director of Planning or any person duly 
authrorised by him to act for and on his behalf under this 
Licence Agreement; 
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“the Licence” 
means the non-exclusive non-transferable licence to use the 
Data in the manner, for such purposes, in the Computer 
Configuration, at the location within the Territory as set out 
in this Licence Agreement; 
“the Computer Terminal”  means  the  computer terminal on which the Data supplied 
under this Licence Agreement is displayed; 
means the Hong Kong Special Administrative Region. 
Each gender includes the others and vice versa. 
The singular includes the plural and vice versa. 
The Data under this Licence Agreement is supplied to the Customer on the basis of the 
particulars and information provided by the Customer in the Form and on the warranty and 
undertaking that such particulars and information so provided are true and accurate. 
The use of the Data supplied under this Licence Agreement shall be restricted to the 
Computer Configuration, for the purposes and at the location within the Territory as specified in the 
The Customer shall pay the Charge to the Government for the supply of Data as specified 
in the Form within fourteen (14) days from the date of the demand note issued by the Government. 
All money paid to the Government under this Licence Agreement shall not be refundable, 
in any circumstances, whether in part or in whole for any reason whatsoever. 
The Government’s representative will notify the Customer to collect the purchase Data 
within fourteen (14) days of the settlement of the payment for the Charge. 
If the Data supplied is found to be corrupted or defective within one (1) calendar month 
from the date of collection by the Customer, the Government’s representative shall replace the Data 
free of charge. The Data will not be regarded as corrupted or defective if it can be loaded into and 
displayed on the computer system of the Government’s Representative. 
The Customer shall allow the Government’s Representative to have access without prior 
notice to the Customer’s location for the purpose of verifying the Computer Configuration in which 
the Data is stored and used for the purposes and in the manner as specified in the Form by the 
The Customer shall notify the Government’s representative in writing any changes to the 
Computer Configuration, purposes and location as specified in the Form within one (1) calendar 
month of the occurrence of such changes. Failure to notify as set out herein shall entitle the 
Government to terminate this Licence Agreement forthwith without notice. 
This Agreement may by terminated by the Government’s Representative immediately in 
notice if the Customer is in breach of any of the terms of this Agreement. 
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Upon termination of the Licence Agreement for whatsoever reason, the Customer shall 
immediately cease using the Data and confirm to the Government’s representative in writing within 
fourteen (14) days that he is no longer in possession of the Data or any part thereof in any medium or 
in any form and that the same has been permanently erased and/or duly destroyed, as the case may 
be. The Government’s representative shall have the right to enter the Customer’s premises at any 
location to inspect the computer equipment of the Customer and to take such related steps to ensure 
that the written confirmation so given by the Customer is accurate. 
The Customer acknowledges that in the event the Licence Agreement is terminated for any 
reason and he continues to maintain possession or use of the Data in any medium or in any form, he 
shall be held liable for any infringement of copyright or other intellectual property rights the 
Government may have in the same and may be called upon to compensate the Government for any 
loss or damage. 
The Government shall not be responsible to install the Data or provide any training in the 
use of the Data and gives no warranty that the data can be processed on the Computer Configuration. 
The Customer acknowledges that the data has not been prepared to meet his individual 
requirements and purposes and that he will not have any recourse against the Government for any 
damage or loss he may suffer in any use or attempted use of the Data. 
The Government gives no warranty that the data is error-free or is fit for the purposes 
mentioned in the Form and the Government shall in no way be held liable for any loss or damage 
which may be suffered by the Customer or any other person from the use of the Data howsoever 
Except as expressly provided in this Licence Agreement, no warranty, condition, 
undertaking or term expressed or implied is given or assumed by the Government. 
The Customer acknowledges that the total liability of the Government in any event under 
the Licence Agreement will not exceed the aggregate of the sums received by the Government under 
this Licence Agreement. 
The Government remains the owner of the Data at all times. The Customer shall not copy 
or otherwise infringe any intellectual property rights the Government may have in the data, whether 
in whole or in part. 
Prior written consent must be obtained from the Government before the Customer is 
permitted to incorporate the Data (or any part thereof, whether on hard copy, in digital form or in any 
other form) in any product(in whatever media) for distribution to any third party, with or without 
In the event that prior written consent is given by the Government in the preceding 
paragraph, the Customer shall pay to the Government such royalty payments as may be determined 
by the Government. The Customer shall display on and in the products containing the Data an 
acknowledgement with the following wording “Planning Data reproduced with permission of the 
Director of Planning. © Hong Kong”. 
The Customer shall not be entitled to assign, novate or transfer the whole or any part of the 
benefit of this Licence Agreement or any obligation under it to any party without the prior written 
consent of the Government’s Representative. 
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This Licence Agreement is not exclusive. The Government’s Representative shall be at 
liberty to supply the Data to any other party for their use and application upon the terms to be agreed 
with those parties. 
All notice which are required to be given in this Licence Agreement shall be in writing and 
shall be sent to the address of the recipient set out in this Licence Agreement or such other addresses 
as the recipient may designate by notice given in accordance with the provisions of this Clause. Any 
such notice may be delivered by hand or by hand or by pre-paid letter or facsimile and shall be 
deemed to have been served by hand when delivered, if by post 48 hours after posting and if by 
facsimile when dispatched. 
This Licence Agreement, the Form and the Guideline for Ordering Government Digital 
Planning data represent the entire agreement and understanding between the parties hereto with 
respect to the subject matter and supersedes any other agreements, understandings, representations or 
warranties written or verbal, that the parties hereto may have had or given, each party warrants to the 
other that it has not relied on any such representation or warranty in entering into this Licence 
This Licence Agreement shall be governed by and construed in accordance with the Laws 
of Hong Kong and the parties hereby submit to the exclusive jurisdiction of the courts of Hong 
18 January 2000 
Signed by the authorized representative of the Customer for and on its behalf 
Company Chop 
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