1. Subject The subject of this agreement is the non-commercial access and usage for research purposes, including reproduction whole or in part, of digital spatial data through the Licensor by the Licensee for the purposes of the AR-4-Basel Project.
This agreement specifies the terms and conditions for use of the GTA Geoinformatik's 3D model of the city of Basel (the designated "Contract Products"). By submitting this request for the data set, the Licensee agrees to comply with and be bound by the following terms and conditions of use. If you do not accept these terms and conditions, use is not authorized.
2. Research Project and License Grant In consideration for the participation of the GTA Geoinformatik GmbH serving in the role of an AR-4-Basel Project Partner, the licensor shall grant, free of charge, a non-exclusive license for non-commercial and not-for-profit use of the 3D model of the city of Basel for the activities set out in the AR-4-Basel Project.
Project Description: The AR-4-Basel project establishes a framework in which creative professionals using Augmented Reality tools can push the envelope of what has been done in Smart Cities with 3D and 2D data sets and to showcase the first generation of mobile AR services that are available to the public in Basel with smartphones and AR-compatible mobile devices (e.g., tablets) during an event on October 25, 2011
This project coordinates resources in the city of Basel, and internationally for the purpose of demonstrating how real world mobile AR experiences implemented on the basis of open city data can bring value to citizens and visitors of the city.
Expected Results: Mobile AR experiences with high accuracy and low latency.
3. Full Terms and Conditions This having been said, the contracting parties hereby agree as follows:
1.1 After this contract has entered into effect, GTA Geoinformatik GmbH shall provide Licensee with the aforementioned Contract Products on the designated data storage medium.
1.2 The data storage medium - if any - shall be returned on the last day of the license period. Any parts of the Contract Products shall be deleted on the licensee’s hard discs and physical parts shall be returned.
2.1 GTA Geoinformatik GmbH herewith grants Licensee the non-exclusive, non-transferable right to use the Contract Products within the limits of the intended use.
2.2 Commercial use or use for marketing purposes in any way, as well as the creation of derivative products of the Contract Products provided by GTA Geoinformatik GmbH other than the intended use is strictly prohibited. The licensee will clearly place a copyright notice stating GTA as sole owner and copyright holder of the results on any derived product or the corresponding documentation.
3.1 For the purposes of this Agreement the term "Proprietary Information" shall mean any information disclosed by GTA Geoinformatik GmbH to Licensee under this Agreement, whether in writing, orally, visually, in the form of samples, electronic media or otherwise. Proprietary Information shall also include the Contract Products and the contents thereof and any information which can be obtained by examination, testing or analysis of the Contract Products, software, related material or any part thereof.
3.2 Licensee undertakes to treat Proprietary Information in a strictly confidential manner and to not make same accessible to third parties without GTA Geoinformatik GmbH prior written consent, also after termination of this Agreement.
3.3 Licensee shall not receive any other right to the Contract Products other than the rights granted under item 2. The Contract Products are protected under intellectual property rights, including industrial property, copyright, patents, data-protection regulation and protection based upon unfair competition laws. Licensee shall respect the aforementioned intellectual property rights of GTA Geoinformatik GmbH and its associated partners.
3.4 Licensee shall be responsible vis-à-vis GTA Geoinformatik GmbH and its associated partners, that any unauthorized usage, duplication, publishing, processing and/or exploitation whatsoever of the Contract Products and/or related material, also via third parties, shall not occur. Licensee shall indemnify and hold harmless GTA Geoinformatik GmbH with respect to any claims or damages arising from such unauthorized use et cetera.
4. GTA Geoinformatik GmbH does not warrant in any way that the Contract Products and/or related material are free of third party rights, technical defects and/or defects in their contents. Nor does GTA warrant that the Contract Products and/or related material are of any specifications or special quality or suitability for a specific application or purpose.
5. As far as permitted by law, neither GTA Geoinformatik GmbH nor anyone else associated with GTA Geoinformatik GmbH who has been involved in the creation, production or delivery of the Contract Products shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use, misuse, or inability to use the Contract Products. Costs to GTA will not arise nor in any way be accepted.
6. This Agreement shall enter into effect when the Licensee submits his/her personal information in the form below and it shall terminate on October 25, 2012. GTA Geoinformatik GmbH may terminate this contract at any time with immediate effect if Licensee violates any of the obligations arising from this contract. GTA Geoinformatik GmbH expressly reserves the right to assert more extensive claims (i.e. for damages) resulting from any such breach of contract.
7.1 There can be no modifications and/or additions to this Agreement. The licensee may seek to establish a different/new agreement at any time.
7.2 If one or several provisions of this Agreement become invalid or unenforceable, the remaining provisions hereof shall not be affected thereby, and instead of the invalid or unenforceable provision such valid and enforceable provision shall be deemed to be agreed as the parties hereto would have chosen on entering into this Agreement in order to reach the economic effect of the provision to be replaced, if they had foreseen the invalidity or unenforceability. The foregoing shall apply accordingly to matters to which this Agreement is silent.
7.3 This Agreement, as well as any resulting disputes, are subject to German law. Parties agree that the exclusively cognizant court is the district court in Neubrandenburg (D).
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