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FORCOAST Platform (beta) User Agreement

This legal agreement (hereinafter “User Agreement”) governs the conditions of use of this Open Data website and the data products (hereinafter “Data Products”) to be found, accessed and downloaded through our website.

Please read this User Agreement carefully.

This is a legal agreement between you – either as individual or acting on behalf of a legal entity - and the FORCOAST Consortium (hereinafter "the Consortium"). This agreement is effective upon your submission of consent, by checking and clicking on the “I-Agree” button below.

The use of this FORCOAST Platform website (hereinafter “Website”), and the Data Products resulting from the use of therefrom, is subject to the conditions of this User Agreement as set out below.

By marking the “I agree”-checkbox:

  1. You expressly declare being authorized to act, either individually or on behalf of the legal entity (hereinafter “User”) you represent, for the purposes of accepting this User Agreement;
  2. User expressly accepts this User Agreement and accepts to be legally bound by the terms and conditions contained therein. If you are not authorized to act on behalf of User to agree upon this User Agreement, please do not mark the “I-agree” checkbox and exit this website page. Furthermore, do not mark the “I accept” checkbox and end the visit to this website page if User does not agree with the User Agreement.

    You are not allowed to use this website and its Data Products without an agreement with the FORCOAST consortium. If you do not agree to the terms of this User Agreement, you must promptly stop using the Website and the Data Products. Any further actions with respect to the Website and/or Data Products without an agreement are in violation of copyright law.

    Article 1: General purpose and allowed use
  • 1.1 By presenting this Website and providing Data Products that can be accessed online as well as directly downloaded, The Consortium intends to provide users with the opportunity to evaluate and study integrated water-related information.
  • 1.2 All data provided through our Website and Data Products are purely indicative data that are only validated to a very limited extent, and User hereby agrees not to use the Website and the Data Products for any decision-making, operational purposes, navigation or any other purpose involving safety at sea.
  • 1.3 The Data Products are generally grouped into specific Service Modules. The specific purpose and allowed use of each type of Service Module are further specified below at Article 2.

    Article 2: Specific purpose and allowed use per Service Module
  • 2.1 The specific purpose and allowed use of Data Products within each type of Service Module is specified in this article. User agrees to adhere to all provisions below that are applicable to the type of dataset for which User accesses Data Products.
  • 2.2 Suitable fishing areas Service Module
    • 2.2.1 The purpose of the Suitable fishing areas Service Module is to provide ...
    • 2.2.2 The Suitable fishing areas Service Module consists of purely indicative data. User hereby agrees NOT to use the Suitable fishing areas Service Module for any decision-making or operational purposes.
  • 2.3 Front detection Service Module
    • 2.3.1 The purpose of the Front detection Service Module is to provide ...
    • 2.3.2 The Front detection Service Module consists of purely indicative data. User hereby agrees NOT to use the Front detection Service Module for any decision-making or operational purposes.
      Article 3: License
  • 3.1 The Consortium grants User a non-exclusive, worldwide, royalty-free, non-transferable and non-sublicensable license to use the Website and its Data Products strictly for the purpose and in accordance with the limitations specified in this User Agreement. This license is provided solely under the condition that User complies with the provisions of this User Agreement.

    Article 4: Use of the Website and Data Products
  • 4.1 User acknowledges and agrees
    • a) that User is only authorized to use the Website and Data Products within its own organization and for its own use;
    • b) not to use the Website and Data Products in any manner whereby Users claims, acts like or appears to be, endorsed by, owned by or affiliated with The Consortium;
    • c) that the use of the Website and Data Products is at User’s own risk and expense;
    • d) to interpret any data and information resulting from the Website and Data Products with care, to ensure not to conclude false understandings of possible impacts;
    • e) that User remains solely responsible for the interpretation of the data and information resulting from the Website and Data Products and the decisions made regarding the accuracy, currency, reliability and correctness of information and data obtained through the Website and Data Products;
    • f) that User remains solely responsible for performing the appropriate risk assessments prior to any action or activity performed by the User’s interpretation of the Website and Data Products;
    • g) that the Website and Data Products may only be used for legitimate and lawful purposes, in a manner that cannot in any way i) harm The Consortium or ii) infringe the rights of third parties;
    • h) never to (re)sell, re-distribute, make available, grant access to or communicate this Website nor the resulting Data Products to any third party.

      Article 5: Intellectual Property Rights
  • 5.1 Unless stated differently, all intellectual property rights in connection with the Website and Data Products, including the software, texts, images and sounds, are vested exclusively in The Consortium, in its affiliates or its contractors.
  • 5.2 This means, among other things, that it is not permitted to, without the prior, written permission of The Consortium to make public, reproduce, copy, modify and/or adjust the information of the Website, or information pertaining to the Data Products, except for personal, non-commercial use or in so far as otherwise permitted under mandatory law. User acknowledges and agrees that with this User Agreement, no transfer of ownership whatsoever, including the transfer of intellectual property rights is made to User.

    Article 6: No warranty, indemnification
  • 6.1 Although this Website and the resulting Data Products have been set up with the greatest possible care, these are provided “AS-IS” without any warranty of any kind.
  • 6.2 User acknowledges and agrees to the warranty provisions specified below that are applicable to the type of dataset for which User accesses or downloads Data Products.
    • 6.2.1 Suitable fishing areas Service Module: The Consortium does not guarantee, or imply in any way, that the Suitable fishing areas Service Module corresponds to marine conditions at User’s selected area(s) and timeframe(s).
    • 6.2.2 Front detection Service Module: The Consortium does not guarantee, or imply in any way, that the Front detection Service Module corresponds to marine conditions at User’s selected area(s) and timeframe(s).
  • 6.3 The Website may contain links to websites of third parties and while these links are selected with all possible care, The Consortium cannot guarantee the contents and the functioning of the website of third parties.
  • 6.4 The Consortium expressly disclaims any implied warranty or merchantability, fitness for a particular purpose, or for failure of performance and any and all liability for any loss or damage whatsoever suffered as a result of User’s use or reliance upon the Website and the resulting Data Products.
  • 6.5 Furthermore, The Consortium does not guarantee that the Website and resulting Data Products are free of viruses and work without errors and/or interruptions.
  • 6.6 To the best of The Consortium’ knowledge and belief, the Website and resulting Data Products do not infringe any third-party copyright or any other intellectual property. Any responsibility or liability of The Consortium for claims, costs, expenses and/or consequential losses or damages resulting from or arising out of any infringement of intellectual property rights is excluded.
  • 6.7 User shall indemnify, hold harmless and defend The Consortium against any action brought by a third party against The Consortium and/or its officers, directors, employees or agents to the extent that such a claim is connected to the use of the Website and resulting Data Products by User and/or third parties at whose disposal User has placed the Website and/or Data Products.

    Article 7: Duration
  • 7.1 This User Agreement is concluded for an indefinite period. The Consortium may terminate this User Agreement immediately in writing, without judicial intervention, in the event that User is in breach of any of its obligations under this User Agreement.
  • 7.2 In the event of termination of this User Agreement, User shall immediately cease using the Website and Data Products.

    Article 8: Privacy
  • 8.1 Any and all of User’s personal data that User may provide to The Consortium for purposes of his/her use of the Website and requested Data Products, will be processed in accordance with the General Data Protection Regulation (EU) 2016/679 and the Netherlands GDPR implementation Law ‘Uitvoeringswet Algemene verordering gegevensbescherming’ (stb 2018, 145). Our Privacy Statement sets out when and why we collect the data, exactly what that data is, and how it will be processed and, above all, protected. Please read the statement carefully, available on our website here.

    Article 9: Liability
  • 9.1 User agrees that The Consortium (including its personnel and non-employees who (have) undertake(n) activities for The Consortium) shall not be responsible to User for any loss-of-profit, direct, indirect, incidental special or consequential damages arising out of the User Agreement, the use of the Website and resulting Data Products, or the non-availability of the Website and resulting Data Products, except for damages caused by willful misconduct or gross negligence of The Consortium.

    Article 10: Miscellaneous
  • 10.1 The parties are not allowed to assign any rights and/or obligations under the User Agreement, entirely or in part, to third parties without the prior written consent of the other party.
  • 10.2 This Agreement constitutes the complete and exclusive understanding between User and The Consortium relating to its subject matter, and supersedes all prior and contemporaneous representations, correspondence, proposals or User license agreements, whether oral or written.
  • 10.3 Any disputes arising from and/or connected to the User Agreement, and any agreements arising therefrom, shall be submitted solely to the competent court of The Hague, the Netherlands.
  • 10.4 User agrees that the Website and the resulting Data Products do not give rise to personal jurisdiction over The Consortium, either specific or personal, in jurisdictions other than the laws of the Netherlands. This Agreement and all the agreements arising therefrom are governed exclusively by the laws of the Netherlands.

    About The Consortium: This Website and the Data Products have been composed by, or at any rate by order of The Consortium.

    This website does not process any Personal Data as meant under the GDPR. Deltares and the set-up of this website comply with GDPR. Please find the Deltares policy statement on privacy and security policy here.