Licenses d'utilisation
aerodata-shop (°) End User License Agreement (EULA)
IMPORTANT - READ CAREFULLY BEFORE ACCESSING THIS INFORMATION FROM THIS AERODATA ENABLED WEB SITE, ANY PROVIDED PHYSICAL MEDIA,
OR OTHER MEANS OF DOWNLOADING INFORMATION. BY ACCESSING THIS PHYSICAL MEDIA, AERODATA ENABLED WEB SITE OR OTHER MEANS OF
DOWNLOADING INFORMATION, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THIS
INFORMATION FROM ANY PHYSICAL MEDIA, AERODATA ENABLED WEB SITE, OR OTHER MEANS OF DOWNLOADING INFORMATION.
(°) aerodata-shop is a registered trademark of Aerodata International Surveys and/or its affiliated companies.
TERMS AND CONDITIONS
This is a legal agreement between you and Aerodata International Surveys BVBA ("Aerodata"). The aerial, satellite
imagery, attribute data, and other associated information ("Information") are provided by and are the copyrighted
property of Aerodata and/or its licensors. By accessing this physical media, web site, or otherwise downloading the Information
you agree to these terms and Aerodata grants you a non-exclusive, non-transferable license to use the Information, as further
set forth below.
- Scope of Use: You agree and accept that Information is provided to you exclusively, and that you have no right of further selling,
distributing or in any way making it available to third parties unless explicitly permitted in writing by Aerodata to do so. Accordingly, but subject
to the Restrictions set forth in the next paragraph, you may copy Information only as necessary for your business purpose use and to
access or login to the Information using the unique login as given to you by Aerodata through e-mail, on a single computer
to (i) view it on your screen, (ii) print it, and (iii) transfer it to a portable computer device, provided that you do not
remove or alter any copyright notices that appear and do not modify the Information in any way.
- Restrictions: Without limiting the foregoing, you may not (a) use Information with any products, systems, prepare any
derivative work for commercial gain or resale purposes with the Information or any portion thereof; (b) sublicense, transfer,
assign, rent, lease, publish or otherwise convey the Information, or any right with respect thereto, to any Third Party unless
such party is conducting or performing work strictly on your behalf for a limited time; (c) disassemble, decompile or otherwise
reverse engineer all or any portion of the Information; (d ) remove from the Information, or alter, any of the trademarks,
trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings
to the Information; (e) use your access to the Information to tamper with, spoof, or attempt to obtain unauthorized access to
Aerodata’s servers or databases; (f) use the Information in an abusive manner as determined solely by Aerodata; or (g) permit
any other party to do any of the foregoing.
- Ownership: The Information is licensed, not sold, and you agree that the Information, and all intellectual property and
proprietary rights therein are copyrighted and owned by Aerodata and for its licensors. Aerodata and/or its licensors reserves
title and all right and interests in and to the Information not expressly granted to You in Section 1 (License Grant), including
without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and
proprietary rights. There are no implied licenses under this Agreement, and all rights not expressly granted are reserved by
Aerodata.
- Copyright: The Information is the copyrighted property of Aerodata and/or its licensors. All public presentations – including
presentations on your personal website - of the Information must prominently display Aerodata’s company logo and copyright
information as rendered by Aerodata inside the Information or a copyright notice clearly visible within or immediately near
the Information or such derivative works incorporating Information in substantially the following form: "Copyright
[The Current Year] Aerodata International Surveys. All rights reserved." When online display is permitted, the Information
must be accompanied by a link to Aerodata’s End User License Agreement found at this following URL: http://www.aerodata-shop.be/index.php?content=end_user_agreement_pro
- Payments: Aerodata handles payments for Information through a third party, i.e. ClickandBuy (Europe) Limited, a company
incorporated under the laws of England and Wales, registered under number 5661160, whose registered office is at Lincoln House,
137-143 Hammersmith Road, London W14 0QL, England. On ordering Information, you will therefore be redirected to this company’s
website, and be asked to provide all necessary data to complete the transaction. On completion of the transaction you will
receive an e-mail from Aerodata, containing a link to the site where the Information can be downloaded.
- Maintenance and Update: You understand that Aerodata may update the Information at any time, but is under no obligation to
inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any
support, maintenance, improvements, modifications, enhancements, or updates to the Information. To the extent that Aerodata
supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless Aerodata indicates
otherwise. Aerodata reserves the right to charge fees for any future versions of, or updates to, the Information.
- No Warranty: All Information is provided to you "as is" and you agree to use it at your own risk. Aerodata and
its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or
implied, arising by law or otherwise, regarding the Information, including but not limited to, warranties of title, content,
quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results
to be obtained from Information, or that the Information will be error-free, or that the Information as it is printed out on
your equipment, matches the Information as you may have seen it on your screen.
- Disclaimer of Warranty: Aerodata and its licensors (including their licensors and suppliers) disclaim any warranties,
express or implied, of quality, performance, merchantability, fitness for a particular purpose or non-infringement. Some
countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
- Disclaimer of Liability: Aerodata and its licensors (including their licensors and suppliers) shall not be liable to you:
in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any
loss, injury or damages, direct or indirect, which may result from the use or possession of the information; or for any loss of
profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out
of your use of or inability to use the information, any defect in the information, or the breach of these terms or conditions,
whether in an action in contract or tort or based on a warranty, even if Aerodata or its licensors have been advised of the
possibility of such damages. Some countries do not allow certain liability exclusions or damages limitations, so to that extent
the above may not apply to you.
- Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other
information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its
endorsement, sponsorship or recommendation by Aerodata or its licensors. The Aerodata name, trademark and logo, the
aerodata-shop and other trademarks and trade names owned or licensed by Aerodata may not be used in any commercial manner
without the prior written consent of Aerodata.
- Indemnity: You agree to indemnify, defend and hold Aerodata and its licensors (including their respective licensors,
suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders,
agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries
resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to reasonable
attorney’s fees, arising out of or in connection with any use or possession by you of the Information.
- Terms and Termination: The terms of this Agreement will commence upon Your clicking of the "Accept" button to use
Aerodata software, application(s) and/or data, and will continue until terminated as specified in this section
(Term and Termination). Aerodata may terminate this Agreement at any time and without prior notice take appropriate technical
measures to effect such termination in the following cases: (a) You fail to comply with the terms of this Agreement; (b)
Your use of the Information consumes an amount of bandwidth greater than the amount Aerodata is willing to provide in its sole
discretion; (d) Aerodata reasonably determines that Your use of the Information is abusive; (e) You distribute the Information
in violation of this Agreement; or (f) Your use of the Information gives rise to any bona fide legal action against Aerodata
or its officers, directors, employees or agents. Any termination by Aerodata pursuant to this section (Term and Termination)
will be exercised without limiting any other rights or remedies of Aerodata. Upon termination of this Agreement, the license
granted herein (License Grant) will terminate and You must immediately destroy all copies of the Information in Your possession
or control . Sections 3, 4, 6, 7, 8, 9, 10, 11 and 12 of this Agreement will survive termination. Terminations are not subject
to refund.
- Entire Agreement: These terms and conditions constitute the entire agreement between Aerodata (and its licensors,
including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in its entirety any
and all written or oral agreements previously existing between us with respect to such subject matter.
- Governing Law: The above terms and conditions shall be governed by the laws of Belgium, and You agree to submit to the
jurisdictions of Belgium any and all disputes, claims and actions arising from or in connection with the Information provided to
you hereunder.
- Anti-Hacking Provision: You agree not to use the Information or this web site in any manner or for any purpose that is
prohibited by these terms and conditions. In addition, you expressly agree not to: (a) use the web site for any purpose that
is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (b) use or attempt to use
any "deep-link", "scraper", "robot", "bot", "spider",
"data mining", "computer code" or any other automated device, program, tool, algorithm, process or
methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of
the web site or any data or Content found on or accessed through the web site without prior express written consent; (c)
obtain or attempt to obtain through any means any materials or information on the web site that have not been intentionally
made publicly available either by their public display on the web site or through their accessibility by a visible link on the
web site; (d) in any way bypass or circumvent any other measure employed to limit or prevent access to the web site or its
Content; (e) violate the security of the web site or attempt to gain unauthorized access to the web site Content, data,
materials, information, computer systems, or networks connected to any server associated with this web site, through hacking,
password mining, or any other means; (f) interfere or attempt to interfere with the proper working of the web site or any
activities conducted on or through the web site, including accessing any data, Content, or other information prior to the time
that it is intended to be available to the public on the web site; (g) take or attempt any action that, in the sole discretion
of this web site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the web site
or such operation’s infrastructure.
By clicking on the "Accept" button, or otherwise access Aerodata data or services, You acknowledge that You have
read this Agreement, understand it and agree to be bound by its terms.