You can print and file this legal agreement on the user terms and conditions of this CIrcle webtool (hereinafter "User Agreement"), e.g. prior to accepting these terms and conditions. You will have to agree prior to creating your user account.
Please read this User Agreement carefully.
This is a legal agreement between you, acting on behalf of a legal entity, and Stichting Deltares (hereinafter "Deltares"). The use of this CIrcle webtool of Deltares and the resulting outcomes of its use (a report) (hereinafter jointly "CIrcle Webtool") is subject to the conditions of this User Agreement as set out below.
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 CIrcle Webtool. Furthermore do not mark the "I Accept" checkbox and end the visit to this CIrcle Webtool if User does not agree with the User Agreement.
You are not allowed to use this CIrcle Webtool without an agreement with Deltares. If you do not agree to the terms of this User Agreement, you must promptly stop using the CIrcle Webtool. Any further actions with respect to the CIrcle Webtool without an agreement with Deltares are in violation of copyright law.
Article 1: Purpose, nature and intended users of the CIrcle Webtool
The purpose of this CIrcle Webtool is to support the analysis of domino effects of critical infrastructures. This CIrcle Webtool is a tool to describe the dependencies between Critical Infrastructures, providing insight in which critical infrastructure(s) is (are) affected in case of failure of other critical infrastructure(s).Whether or not triggered by extreme events such as flooding. The result of use of the CIrcle Webtool is a report on dependencies of Critical Infrastructures (part of the definition "CIrcle Webtool" and stand a-lone referenced to as "Report").
This CIrcle Webtool facilitates the discussion between the stakeholders dependent on each other, builds trust and stimulates future partnerships. Intended users of this CIrcle Webtool are governmental organizations and agencies, network operators, emergency response organisations as well as large industries etc.. You can use CIrcle Webtool yourself or ask Deltares to support you through email@example.com
Article 2: License
Deltares grants User a non-exclusive, worldwide, royalty-free, non-transferable and non-sublicensable license to use the CIrcle Webtool 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 CIrcle Webtool
User acknowledges and agrees
a) that User is only authorized to use the CIrcle Webtool within its own organisation and for its own use;
b) that the use of this CIrcle Webtool including the Report is at User’s own risk and expense;
c) to interpret the results of this Circle Webtool with care to ensure not to conclude false understandings of possible impacts;
d) that User remains solely responsible for the interpretation of the results of the CIrcle Webtool and the decisions made regarding dependencies of Critical Infrastructures;
e) that User remains solely responsible for performing the appropriate risk assessments regarding dependencies of Critical Infrastructures;
f) that User shall adhere to the all rules, regulations and procedures as applicable to User’s transfer and transit;
g) the CIrcle Webtool may only be used for legitimate purposes, in a manner that cannot in any way (i) harm Deltares or (ii) infringe the rights of third parties;
h) never (re-)sell, re-distribute, make available, grant access to or communicate this CIrcle Webtool, nor User’s login details, to any third party nor the results to this Circle Webtool, except for the purpose to pursue discussion on the dependencies of Critical Infrastructures, in which case the use of the CIrcle Webtool and Report remains the responsibility of User in accordance with the terms and condition of this User Agreement, especially as set out in this article 3 and in article 5.
Article 4: Intellectual Property Rights
4.1 Unless stated differently, all intellectual property rights in connection with the CIrcle Webtool, including the software, texts, images and sounds and Report, are vested exclusively in Deltares. This means, 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 CIrcle Webtool, 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 resulting CIrcle Webtool cases are stored at the CIrcle Webtool and will survive the expire of your user account – see privacy statement. Deltares will use the CIrcle Webtool to improve the Deltares understanding of dependencies of Critical Infrastructures and to improve this CIrcle Webtool.
Article 5: No warranty, indemnification
5.1 Although this CIrcle Webtool and the resulting Report 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 CIrcle Webtool calculations and Report will correspond to the dependencies of Critical Infrastructures that User intent to reveal.
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 CIrcle Webtool and/or the Report.
5.3 To the best of Deltares’ knowledge and belief, the CIrcle Webtool 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 CIrcle Webtool and/or the Report by User and/or third parties at whose disposal User has placed the Report.
Article 6: Duration, termination
6.1 This User Agreement is concluded for the period until one year after you after you log in to your user account for the last time, subject to termination in accordance with the provisions of article 6.2.
6.2 Parties are entitled without cause being required, to terminate the User Agreement in writing
with immediate effect, without judicial intervention being required.
6.3 In the event of termination of the Agreement, User shall immediately cease using the CIrcle Webtool.
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 CIrcle Webtool, except for damages caused by intentional act or wilful recklessness of Deltares.
Article 8: Privacy
Any and all personal data that User supplies to Deltares will be processed in accordance with the General Data Protection Regulation. Our Privacy Statement sets out why we collect the data and how it will be processed and protected. Please read the statement carefully, available on our website here.
Article 9: Miscellaneous
9.1 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.
9.2 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.
9.3 User agrees that the CIrcle Webtool and/or the resulting cases 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.
Deltares has its registered office in Delft and its principal place of business at Boussinesqweg 1, 2629 HV Delft, The Netherlands. Deltares is registered with the Chamber of Commerce and Industry under number 41146461. Other contact details are: telephone: + 31 (0)88 335 8273 ; fax: + 31 (0)88 335 8582 ; email: firstname.lastname@example.org.