End User Licence Agreement
This end-user licence agreement (“the EULA”) is a legal agreement between you (“the End-user” or “you”) and Willis Limited, having its principal office at 51 Lime Street, London, EC3M 7DQ, United Kingdom (“the Licensor”, “us” or “we”). This EULA is for:
- The MiCA web-based climate assessment tool and the climate data supplied with the tool (“the App”).
We licence use of the App to you on the basis of this EULA. We do not sell the App to you. We remain the owners of the App at all times.
Operating system requirements:
This App requires a desktop computer or notebook with an up to date browser, Internet access and either the Macintosh or Windows operating system. For a list of devices and platforms that we have tested, see Annex 1. We cannot claim that the App will work as expected on devices we have not tested and there may be some minor differences and infrequent compatibility problems in usability between supported platforms.
- By logging into the App you agree to the terms of the licence which will bind you.
- If you do not agree to the terms of this licence, you should not log into the App.
You should print a copy of this EULA for future reference.
- The terms of this EULA apply to the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA.
- We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App. You will be required to read and accept them to continue your use of the App.
- From time to time updates to the App may occur. Depending on the update, you may not be able to use the App until you have accepted any new terms.
- You will be assumed to have obtained permission from the owners of the desktop, notebook and tablet that are controlled, but not owned, by you to access the App. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.
- By using the App, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
- In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable (with the exception of Clause 2c), non-exclusive licence to use the App on the Devices, subject to these terms. We reserve all other rights.
- We expect the International Council on Minerals and Metals (ICMM) to manage the administrative log-in and user group for the App.
- ICMM are required under the terms of this agreement to only grant access to the App to any user with an email domain that belongs to one of the member companies listed on this web page https://www.icmm.com/members/member-companies
- You may log in to the App on any number of desktop computer, notebook or tablets which you own or use in a commercial setting, to view, use and display the App on the Devices.
- You may download the specific climate data output Comma Separated Value (CSV) files from the App for all reasonable commercial purposes, with the exception of reselling these data.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the App;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- not to make or attempt to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs
- not to reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing
- not to create any software that is substantially similar to the App;
- to keep all log in details (e.g. username and password) of the App secure;
- not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.
4. Acceptable use restrictions
- not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system
- not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from the App or our systems.
5. Intellectual property rights
- You acknowledge that all intellectual property rights in the App anywhere in the world belong to us, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that the App uses ESRI base map tiles. Such data is © ESRI – Source: ESRI, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, UPR-EGP, and the GIS User Community. Copyright is licensed to us, from Esri, under the terms of an ESRI ArcGIS 10.4.1 licence.
- You acknowledge that the App uses an open source plugin, Chart.js.
- You acknowledge that the App uses post-processed climate projections data from the British Atmospheric Data Centre (BADC), the designated data centre for the UK Natural Environment Research Council (NERC) and hosts of the UK component of the IPCC Data Distribution Centre. Data in the App have been designated as being “provided for all uses (including commercial)” by individual climate modelling organisations. The BADC data in the App remains open source.
- You acknowledge that the App uses data from: the World Resource Institute’s Aqueduct, such data is available under Creative Commons Attribution International 4.0 License; GFDRR Innovation Lab, such data is assigned Public Domain (PD); and US’s National Centers for Environmental Prediction, such information on National Weather Service (NWS) Web pages are in the public domain (unless specifically noted otherwise).
- You acknowledge that you have no right to have access to the App in source-code form.
6. Limitation of liability
- Limitation of liability
- You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. You should be particularly aware of the fact that calculation errors may occur when using the App, for instance caused by local technical issues.
- You acknowledge that the maps accessed through the App may contain cartographic errors and be incomplete or otherwise have inaccuracies or misleading information. The App should not be used for the purposes of navigation or way finding. Marking of paths and roads on these maps do not imply any right of way or access to private property.
- We have developed the App primarily for private commercial use. You agree not to use the App for resale purposes. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Our maximum aggregate liability under or in connection with this EULA and your use of the App whether in contract, tort (including negligence) or otherwise, shall in all circumstances be nil.
- Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation;
- interpretation of the outputs from the App and any subsequent decisions, investments or actions taken, and
- any other liability that cannot be excluded or limited by England & Wales law.
The End-User or Licensor may terminate this EULA based on a reciprocal 3-month notice period from the date of written notice by you or us.
We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA; and
- you must immediately delete all log in details for the App and certify to us that you have done so.
8. Communication between us
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to email@example.com, with the subject line “ICMM MiCA tool” or by prepaid post to:
Willis Limited, 51 Lime Street, London, EC3M 7DQ, United Kingdom
- We will confirm receipt of this by contacting you in writing, normally by e-mail.
9. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks and hosting servers.
If such an event outside our control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the event; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the event.
Other important terms
10. Other important terms
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by England & Wales law. You and we both agree that the courts of England & Wales will have non-exclusive jurisdiction.
The App is designed to be operating system independent, and has been tested for compatibility with the following web browsers:
- Mozilla Firefox
- Google Chrome
- Microsoft Edge
Compatibility with other versions of web browsers cannot be guaranteed.