The data are provided by multiple, third party data vendors under license to ESRI for inclusion on ESRI Data & Maps for use with ESRIr software. Each data vendor has its own data licensing policies and may grant varying redistribution rights to end users. Please consult the redistribution rights below for this data set provided on ESRI Data & Maps. As used herein, "Geodata" shall mean any digital data set consisting of geographic data coordinates and associated attributes.
The redistribution rights for this data set: Redistribution rights are granted by the data vendor for hard-copy renditions or static, electronic map images (for example, .gif, .jpeg,) that are plotted, printed, or publicly displayed with proper metadata and source/copyright attribution to the respective data vendor(s).
[Applicable to AND International Publishers N.V. only]-Internal Use Only. No redistribution rights are granted by the data vendor and the data is for the end user's own internal use only.
[Applicable to EuroGeographics only]-
End User Licence Agreement
6-8, Avenue Blaise Pascal, Cité Descartes, Champs-sur-Marne, F-77455 Marne-la-Vallée Cedex 2, France
Registration No. 435 131 842 00013
VAT No. FR 9343513184200013
Hereinafter referred to as the
Licensee of Data & Maps
Hereinafter referred to as the
End User is a single person, company or otherwise recognisable legal body who will have usage rights to SABE, as supplied by ESRI within the their Data & Maps cd-rom.
Security Copy is a copy taken solely for the purpose of protecting against accidental loss or corruption.
Product is SABE. SABE is an acronym for `Seamless Administrative Boundaries of Europe' being a European wide structured digital geographic data base, derived from source data provided by the National Mapping Agencies of Europe.
Reproduction includes any kind of reproduction of SABE in any type or form, whether direct or indirect, permanent or intermediate, in analogue or digital form. It includes reproduction of value-added and derived products.
Communication to the public includes distribution of physical products, and distribution by any other means or process, including wireless communication and broadcasting. It includes all instances of making accessible to the public, whether it is actually accessed or not.
Usage rights are the rights to use for personal (if acquired by a person) or internal (if required by a legal person) use as defined in section E4. Employees shall not be entitled to usage rights for private purposes.
E2 Intellectual Property and Reservation of Ownership
SABE is the intellectual property of the National Mapping Authorities providing information for it. All reproductions of SABE must carry the acknowledgement as specified in section E3. All unauthorised reproduction and distribution infringe this joint property right and could lead to legal action. This Agreement does not transfer any rights except what is clearly stated in the Agreement.
E3 Copyright and Trademark Acknowledgement Note
Pursuant to the "Yes 1" classification in the Redistribution Rights Matrix, End User must show the appropriate copyright acknowledgement as detailed below on any hard copy renditions or static, electronic map images derived from SABE. The acknowledgement that must be clearly shown is:
SABE includes data licensed from European National Mapping and Cadastral Agencies,
Or in case of insufficient space:
Any use of the name EuroGeographics and any other trademark registered to, or claimed by, EuroGeographics must show the appropriate trademark notation and an appropriate trade mark acknowledgement note must be shown somewhere on the document. This note may be omitted on very small items where there is insufficient room but the trademark notations must always be shown.
E4 Grant of Rights to End Users
The End User acquires unlimited internal usage rights to SABE on the following conditions:
˙ SABE may be installed on an unlimited number of personal computers or workstations within End User's organisation.
˙ The End User is authorised to make SABE or images derived from SABE available for viewing by the public in raster format on the domain address www.XXX of their World-Wide Web server and Intranet server only. Any presentation of SABE (on screen or printed) must carry the acknowledgement as specified in section E3 (three).
˙ The End User acknowledges that the Intellectual Property Rights in and to SABE and any trademarks or service marks relating thereto remain the property of the EuroGeographics and its suppliers.
˙ The End User is authorised to use reproductions of SABE for reports and within presentations.
˙ The End User can make a security copy of the SABE data, taking all reasonable precautions to ensure that the SABE product held on its premises is physically secure.
˙ At no stage will either the vector files of SABE or the vector files derived from SABE be made accessible to Internet users or to any other users outside of the End User organisation.
˙ SABE may not be used to provide a bureau service for others or for the benefit of or on behalf of others.
˙ SABE may not be used for any commercial activities other than stated in clause E4 (four), including commercial web services, unless the End User has a signed marketing rights agreement for SABE with EuroGeographics.
˙ The End User may not sell or onward sell the SABE product.
E6 Disclaimer of Warranty, Limitation of Liability, and Exclusive Remedy
The nature of SABE is such that EuroGeographics cannot warrant the accuracy of SABE. SABE is provided "AS-IS" without warranty of any kind. EuroGeographics and any of the National Mapping and Cadastral Agencies are not inviting reliance on this Data, and End User should always verify actual Data.
EUROGEOGRAPHICS AND ANY OF THE NATIONAL MAPPING AND CADASTRAL AGENCIES DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. EUROGEOGRAPHICS DOES NOT WARRANT THAT THE DATA WILL MEET END USER'S NEEDS, OR THAT END USER'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED.
IN NO EVENT SHALL EUROGEOGRAPHICS AND ANY OF THE NATIONAL MAPPING AND CADASTRAL AGENCIES BE LIABLE TO END USER FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF THE DATA OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT EUROGEOGRAPHICS AND ANY OF THE NATIONAL MAPPING AND CADASTRAL AGENCIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The End User agrees that EuroGeographics' sole liability and the End Users sole remedy in respect of any breach of Agreement shall be for EuroGeographics to replace the SABE product.
The End User shall keep harmless and indemnify EuroGeographics against all claims, actions, suits, damages, liabilities, losses, charges and proceedings that EuroGeographics may incur or be put to as a direct result of any breach of this Agreement by the End User or its contractors.
E8 Dispute Resolution
Before resorting to any external dispute resolution mechanism, the Parties shall attempt to settle by negotiation any dispute in relation to this Agreement. The Parties can decide to use a third person or institution as mediator in their negotiations. The Parties decide to what extent the mediator's decisions will be binding. Disputes shall be handled by the courts of France or by arbitration if both Parties agree to it.
E9 Governing Law, Interpretation
This Agreement shall be interpreted in all respects according to general principles of international contract law, as reflected in the UNIDROIT Principles of International Commercial Contracts, and be governed according to the law of France. Only the English language version of this Agreement shall be considered enforceable.
The terms and conditions below apply to all the data sets provided on ESRI Data & Maps.
Proprietary Rights and Copyright: Licensee acknowledges that the Data and Related Materials contain proprietary and confidential property of ESRI and its licensor(s). The Data and Related Materials are owned by ESRI and its licensor(s) and are protected by United States copyright laws and applicable international copyright treaties and/or conventions.
Limited Warranty and Disclaimer: ESRI warrants that the media upon which the Data and Related Materials are provided will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt.
THE DATA AND RELATED MATERIALS ARE EXCLUDED FROM THE LIMITED WARRANTY, AND THE LICENSEE EXPRESSLY ACKNOWLEDGES THAT THE DATA CONTAINS SOME NONCONFORMITIES, DEFECTS, OR ERRORS. ESRI DOES NOT WARRANT THAT THE DATA WILL MEET LICENSEE'S NEEDS OR EXPECTATIONS; THAT THE USE OF THE DATA WILL BE UNINTERRUPTED; OR THAT ALL NONCONFORMITIES, DEFECTS, OR ERRORS CAN OR WILL BE CORRECTED. ESRI IS NOT INVITING RELIANCE ON THIS DATA, AND THE LICENSEE SHOULD ALWAYS VERIFY ACTUAL DATA.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE DATA AND RELATED MATERIALS CONTAINED THEREIN ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HIGH RISK ACTIVITIES:
(A) THE DATA AND RELATED MATERIALS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE FOR INSURANCE UNDERWRITING OR WITH CRITICAL HEALTH AND SAFETY OR ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS THAT REQUIRE FAIL-SAFE PERFORMANCE, INCLUDING, BUT NOT LIMITED TO THE OPERATION OF NUCLEAR FACILITIES, NAVIGATION OR GUIDANCE (I.E., AIRCRAFT, NAUTICAL VEHICLE, ETC.), OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE, TERRORISM PREVENTION OR RESPONSE, LIFE SUPPORT, OR WEAPONS SYSTEMS ("HIGH RISK ACTIVITIES"). ESRI SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
(B) TO THE EXTENT PERMITTED BY LAW, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD ESRI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, CLAIMS, EXPENSES (INCLUDING ATTORNEYS' FEES), DEMANDS, OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH LICENSEE'S USE OR PERMITTING THE USE BY OTHERS OF THE DATA, AND VENDOR'S HARDWARE OR SOFTWARE FOR HIGH RISK ACTIVITIES. DELIVERY OF THE DATA, AND VENDOR'S HARDWARE OR SOFTWARE DOES NOT CONSTITUTE A WAIVER OF THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS ARTICLE.
Exclusive Remedy and Limitation of Liability: The entire liability of ESRI or its licensor(s) and Licensee's exclusive remedy shall be to terminate the Agreement upon Licensee returning the Data and Related Materials to ESRI with a copy of Licensee's invoice/receipt and ESRI returning the license fees paid to Licensee.
IN NO EVENT SHALL ESRI AND/OR ITS LICENSOR(S) BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, LOST SALES, OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE DATA AND RELATED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI OR ITS LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY.
Third Party Beneficiary: ESRI's licensor(s) has (have) authorized ESRI to (sub)distribute and (sub)license its (their) data as incorporated into the Data and Related Materials. As an intended third party beneficiary to this Agreement, the ESRI licensor(s) is (are) entitled to directly enforce, in its own name, the rights and obligations undertaken by the Licensee and to seek all legal and equitable remedies as are afforded to ESRI.
In the event that the data vendor(s) has (have) granted the end user permission to redistribute the Geodata, please use proper proprietary or copyright attribution for the various data vendor(s), and provide the associated metadata file(s) with the Geodata. In compliance with FGDC metadata standards, ESRI has attempted to practice proper metadata methodologies by providing any data source information, descriptions, and file names to assist in this effort.