You can print and file this legal agreement on the user terms and conditions of this Climate Resilient City Toolbox website (hereinafter “User Agreement”), e.g. prior to accepting these terms and conditions.
Please read this User Agreement carefully.
This is a legal agreement between you, acting on behalf of a legal entity, and Deltares USA (hereinafter “Deltares”). The use of this Climate Resilient City Toolbox website and of the resulting outcomes of its use (e.g. a data-file) is subject to the conditions of this User Agreement as set out below. The website and the resulting outcomes of its use are hereinafter jointly referenced to as “Website”.
By marking the “I Agree”-checkbox:
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. Furthermore do not mark the “I Accept” checkbox and end the visit to this Website if User does not agree with the User Agreement.
You are not allowed to use this Website without an agreement with Deltares. If you do not agree to the terms of this User Agreement, you must promptly stop using the Website. Any further actions with respect to the Website without an agreement with Deltares are in violation of copyright law.
Article 1: Purpose, nature and intended users of the Website
The purpose of this Website is to support climate resilient urban planning. This Website is a tool to demonstrate differences in resilience against flooding, drought and heat stress, resulting from choices in urban planning. The outcomes are shown graphically on the website and a report thereof can be produced (part of the definition “Website” and stand a-lone referenced to as “Report”).
This Website facilitates the discussion between professionals in exploring options of urban planning and climate resilience in the initial phase of urban planning. Furthermore it is meant to trigger a dialogue on potential solutions that can strengthen climate resilience and to stimulate future partnerships.
Intended users are governmental organizations and other professionals in the field of spatial planning / design, water management, landscaping, housing, urban green, urban development / redevelopment, and similar, in the initial phase of planning.
You can save the results of your session with the Toolbox Klimaatbestendige Stad (Climate Resilient City Toolbox) as a file (Report) on the device you logged on with. Use of the results of a previous session is possible by opening these results f with the Website on this device or any other computer.
You can use the Toolbox Klimaatbestendige Stad yourself or ask support through https://ruimtelijkeadaptatie.nl/english/about-website/contact/.
Article 2: License
Deltares grants User a non-exclusive, worldwide, royalty-free, non-transferable and non-sublicensable license to use the Website 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 3: Use of the Website
User acknowledges and agrees
Article 4: Intellectual Property Rights
4.1 Unless stated differently, all intellectual property rights
The Website links to several other websites for disclosing background data, including
KEA = Klimaateffectatlas.nl
Pdok = Publieke diensten op de kaart / https://geodata.nationaalgeoregister.nl
AHN2 = https://geodata.nationaalgeoregister.nl
Mapbox = www.Mapbox.com including their mapviewer
All terms and conditions related to these websites and data equally apply to the use of the Website.
The foregoing implies, among other things, that it is not permitted to, without the prior, written permission of Deltares to make public, reproduce, copy, modify and/or adjust the information of the Website, 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 pf ownership whatsoever, including the transfer of intellectual property rights is made to User.
4.2 The results of of your Toolbox Klimaatbestendige Stad (Climate Resilient City Toolbox) sessions are stored on your own device only. Deltares has no access to these and is not capable to restore your loss of your previous session(s).
Article 5: No warranty, indemnification
5.1 Although this Website and the results of your use thereof have been set up with the greatest possible care, these are provided AS-IS without any warranty of any kind. Deltares does not guarantee, or imply in any way, that the Website calculations and the results of your use thereof will correspond to climate resilience effects and effectiveness that User intends to achieve.
5.2 Deltares hereby explicitly disclaims any implied warranty of 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 of, or reliance upon, this Website and/or the results of your use thereof.
5.3 To the best of Deltares’ knowledge and belief, the Website does not infringe any third party copyright or any other intellectual property. Any responsibility or liability of Deltares for claims, costs, expenses and/or consequential losses or damages resulting from or arising out of any infringement of intellectual property rights is excluded.
5.4 User shall indemnify, hold harmless and defend Deltares against any action brought by a third party against Deltares and/or its officers, directors, employees or agents to the extent that such a claim is connected to the use of the Website and/or the results of its use thereof by User and/or third parties at whose disposal User has placed the results of its use thereof.
Article 6: Duration
This User Agreement is concluded for the duration of your website session except for articles 4, 5 and 7 which remain in effect.
Article 7: Liability
User agrees that Deltares (including its personnel and non-employees who (have) undertake(n) activities for Deltares) shall not be responsible to User for any loss-of-profit, direct, indirect, incidental special or consequential damages under any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise) arising out of this Agreement or the use of the Website, except for damages caused by intentional act or wilful recklessness of Deltares.
Article 8: Miscellaneous
8.1 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.
8.2 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.
8.3 User agrees that the Website and/or the results of User’s use thereof do not give rise to personal jurisdiction over Deltares, 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.