FOUNDATION DELTARES (hereafter DELTARES) END-USER LICENSE AGREEMENT AND TERMS & CONDITIONS OF USE
- General Terms and Conditions.
A. This End-User License Agreement and Terms & Conditions of Use (this "EULA") is a legal agreement between you ("You") and DELTARES. By entering, linking into, downloading content from, or in any way using this Site (the "Site"), You agree to be bound by this EULA. If You do not agree to the terms of this EULA, do not enter, link into, download content from, or in any way use the Site.
B. DELTARES and its affiliates ("We", "Us", "DELTARES" or the "Company") reserve the right to modify this EULA at any time and without notice, and it is Your responsibility to review this EULA for any changes. An updated copy of this EULA can be found here: Terms-of-use
C. Without prejudice to any other rights, We may terminate this EULA, with or without cause. Any such termination may involve canceling or renaming Your account(s), and/or blocking You from access to the Site.
D. DELTARES reserves all rights not expressly granted to You in this EULA. This Site is protected by copyright and other intellectual property laws and treaties.
- Use of the Site.
A. This Site enables You to create and share content (including, but not limited to, blogs, postings and feeds) (the "Content"). You consent to the Company's use of the Content, and You represent that You own all the rights to, or have secured the necessary authorizations for the use of, the Content.
B. We reserve the right to modify the content of, or restrict access to, this Site at any time, with or without notice.
C. You may not reverse engineer, decompile or disassemble the Site.
A. Not to post, share or otherwise transmit any content that is unlawful, obscene, harmful, threatening, or defamatory, or that contains objects or symbols of hate, invades the privacy of any person, or is otherwise objectionable;
B. To respect the privacy of others, and not to post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or spam;
C. Not to harass any other user of the Site, or to impersonate any other person by any means;
D. Not to engage in any conduct that would interrupt, destroy, limit, or harm either the Company or any other person, including by use of virus, malicious code, program or file; and
E. Not to reproduce, copy, sell or commercially use, in whole or in part, any service provided by the Site.
- Disclaimer of Warranty and Liability.
A. All content on this site is provided "as is" and without warranty of any kind. You agree that your use of this site is at your sole risk.
B. To the fullest extend permitted by law, the Company and its representatives disclaim all warranties, both express and implied, in connection with this site and the use thereof. We make no warranties or representations concerning the accuracy of this site's content, or the content of any related site.
C. We assume no liability or responsibility for: (a) any interruptions of service to or from this site, (b) viruses, trojan horses, or related agents that may be transmitted through the use of this site, or (c) for any loss or damage of any kind incurred as a result of the use of this site or any content contained therein.
- Exclusion of Damages.
To the maximum extent permitted by applicable law, in no event will the Company be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of Your use of the Site, or otherwise under or in connection with this EULA.
- Limitation on Causes of Action.
You and the Company agree that any cause of action arising out of or related to this Site must commence within one year after the cause of action accrues. Otherwise, such cause of action will be permanently barred.
- Information Collection and Use.
A. Registration Forms
(i) The Site contains registration forms and other means that require that You submit for personal information, including account names. Providing personal information through these registration forms is completely voluntary on Your part, and by providing such information, You express Your consent that we use Your personal information. Furthermore, You represent and warrant that all information provided by You is complete and accurate.
(ii) The information You provide will not intentionally be shared with anyone other than members of our company and its affiliated divisions and entities.
C. Log Files Like most Sites, we use log files. Log files collect and include information such as internet protocol addresses, internet service providers, browser types, platform types, date/time stamps and the site that referred You to us, if any. We use this information to analyze trends and administer this Site.
- Additional Rights.
We reserve the right to combine the information we collect on this Site with information collected from other sources, including the right to make derivative works from Content, and to publish those works. We also reserve the right to release Your personal information as required by applicable law, court order, or administrative body. Additionally, we reserve the right to release Your personal information, to the extent allowed by law, in order to protect the Company's rights, safety or property.
- Links to Other Sites.
The Site may provide links to other sites. We have no control over, and assume no responsibility for, the practices of any third-party sites, and we are not responsible for any damage or loss caused in connection with the use of any other sites or their content. Additionally, we are not responsible for the information gathering and dissemination practices of any other sites, and this EULA does not apply to any other sites.
This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
You agree to indemnify and hold the Company, its affiliates and our customers harmless from any and all damages and costs, including reasonable attorneys' fees, arising out of or related to Your breach of this EULA. You agree to execute and deliver documents to us, upon our request, that evidence or effectuate our rights under this EULA. This indemnity will survive this EULA and Your use of the Site.
- Governing Law, Venue and Jurisdiction.
A. You agree that this Site is solely based in The Netherlands, that the Site does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than the Netherlands.
B. Dutch law will govern any claims relating to this Site or the content therein, without regard to conflict of laws provisions. By using this Site You consent to the exclusive jurisdiction of courts based in the Netherlands, for any litigation relating to this Site or the content therein.
- Entire Agreement; Severability.
This EULA supersedes and replaces any prior agreements or understandings and sets forth the entire understanding between You and Us with respect to the subject matter herein, and supersedes all oral and written communications, proposals and representations with respect to the Site. If any provision of this EULA is held invalid, void, unenforceable or illegal, the remaining provisions of this EULA will continue in full force and effect.
- Contact Information - Updating and Removing Personal Information.
If You have questions about the EULA, if Your personal information changes, or if You would like to have all of Your personal information removed from our systems, please contact Us at: firstname.lastname@example.org .
- Considerations regarding the use of Delft-FEWS.
When downloading Delft-FEWS You accept the following license agreement: Delft-FEWS EULA