Particular conditions - project use

These Particular Conditions represent the summary of the fundamental terms and conditions and/or any further rules, limitations or exceptions in limitations to use Outputs within the Customer´s Project Use of Application in extent as defined in General Contractual Terms and Terms of Use (together as the “Terms”). Particular Conditions, in extent which differs from the terms and limitations as stated in Terms are always prevailing the Terms and would apply on the respective Data Sets and Data Reports (together as “Outputs”) with respect to the terms and scope of your entitlement to utilize each of provided Outputs.


Expressions used in Capital letters, unless expressly defined herein, have the meaning attributed in the General Contractual Terms (https://solargis.com/legal/general-contractual-terms/) or Terms of Use (https://solargis.com/legal/solargis-apps-terms-of-use/).

ENTITLED PERSONS TO GET AND USE THE OUTPUTS WITHIN ONLINE ACTIVITY


1. Belonging to the Internal Staff (https://solargis.com/legal/general-contractual-terms#internalstaff) you as an Administrator or Active User of the Customer has obtained online access to the Application and you are therefore entitled to exploit the Outputs within your respective Online Activity. The permitted number of Active Users was determined by the Customer upon completion of the Order.


2. Only the Administrator/Active Users are allowed to make download of Data Sets. Already downloaded Data Sets can only be used by the Customer and no third party, Passive Users included, can use the downloaded Data Sets whatsoever.


3. Out of the Outputs only the Data Report downloaded by Active Users can be used by Passive Users working on-line under the same Customer account.


4. Customer, working through the Administrators and Active Users is obliged to fully respect these Particular Conditions. Customer undertakes to secure that all entitled persons using the Outputs strictly adhere to these Particular Conditions and the Customer shall be liable to fully compensate Solargis for any and all costs and damages arising from violation of these Particular Conditions by any person getting the Outputs through Customer as if they are violated by the Customer itself.


RULES OF OUTPUTS USE AFTER THE DOWNLOAD


5. The Customer can use the Outputs only for the Project Use (https://solargis.com/legal/general-contractualterms#projectuse). Any other use (i.e. use other than for the Project and/or use by other persons than the Customer itself or person belonging to Internal Staff) is strictly prohibited.

6. Customer neither can share Outputs with its End Users nor with any independent third parties except possible sharing of Data Reports provided the content is unchanged and the source “Solar resource data © [Year] Solargis” is referenced. Thus, the provision of Outputs for participants within the declared tender by the Customer is not allowed either. In case of any doubt, Customer must prove to Solargis the Project Use.

7. Customer shall not modify, decompile, disassemble, decrypt, extract or otherwise reverse the Data Sets.Customer shall not sell, license, rent, lease, publish, post, lend, assign Data Sets, transmit or communicate any competitive comparison, analysis or "benchmarking" of the Data Sets, or transfer them in whole or in part, or provide unauthorized third parties access to the Data Sets without the prior written consent of Solargis. No part of this restriction shall disallow the creation of studies, reports or analyses produced as a paid or unpaid service of the Customer for a third party based on Data Sets or Data Reports as long as the Data Sets are not transferred to the End Users. There are no restrictions on use of Data Report, provided the source “Solar resource data © [Year] Solargis” is referenced.

8. Customer hereby obtains only the right to use the Data Sets (e.g. to read, analyse, include them either inchanged or already adjusted in summaries, studies, chart, map, diagram, alternative solutions) in accordance with the Terms and these Particular Conditions and that no other right, title or interest in or to any copyrights, trademarks, or other proprietary rights relating to Data Sets is transferred from Solargis to the Customer.

9. The right to use the Data Sets is granted for an unlimited period of time provided that all applicable conditions of use and/or copyright notices, if and where applicable, are maintained with the Data Sets or part thereof.

10. Solargis shall in no way whatsoever be liable for results related to the use of the Data Sets by Customer.

11. Customer (it means no third party engaged by the Customer) shall indemnify, defend and hold harmless Solargis, its officers, employees and agents from and against any and all claims, actions, damages or injuries of any kind and nature arising out of any cause or event which is attributable to its use of the Data Sets and Data Report in breach of the Terms and these Particular Conditions.

These Particular Conditions were last revised: 14 February 2019

Version: V1.0