THE TOOLS IN THIS APPLICATION ARE PROTOTYPES, MEANT AS A PROOF OF CONCEPT. THE TOOLS ARE NOT MEANT FOR DETAILED DESIGN PURPOSES.

Terms of use

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The terms hereunder constitute a legal agreement between you as a user, either an individual or an entity, (hereafter: "You") and Deltares (hereafter "Deltares") to the use of the website http://viewer.openearth.nl or http://webtools.deltares.nl and the applications thereon. By clicking the "I Accept"-button:

1. You expressly declare being authorized to act on behalf of User for the purposes of accepting these terms;

2. User expressly accepts these terms and accepts to be legally bound by these terms.

If you are not authorized to act on behalf of User to agree upon these terms, or if you do not agree to these terms, please do not click the "I Agree" button and exit the webbrowser.

1. General Terms
A. These Terms & Conditions of Use (these "Terms") constitute a legal agreement between you ("You") and Stichting Deltares, having its registered office in Delft, 2629 HD, The Netherlands and its principal place of business at Rotterdamseweg 185, Delft, The Netherlands, registered with the Chamber of Commerce and Industry of The Netherlands under number 41146461 (hereinafter called: "Deltares").

B. By entering, linking into, downloading content from, or in any way using the site http://viewer.openearth.nl or http://webtools.deltares.nl (the "Site") and/or the modelling tools contained on the Site (the "Applications"), You agree to be bound by these Terms, as well as the terms of use applicable to all websites of Deltares at http://www.Deltares.nl/en/disclaimer. If You do not agree to any of those terms or these Terms, do not enter, link into, download content from, or in any way use the Site.
C. Deltares reserves the right to modify these Terms at any time and without notice, and it is Your responsibility to review these Terms for any changes. An updated copy of these Terms can be found at http://viewer.openearth.nl or http://webtools.deltares.nl.
D. Without prejudice to any other rights, Deltares may terminate these Terms, with or without cause. Any such termination may involve cancelling or renaming Your account(s), and/or blocking You from access to the Site and/or the Applications.
E. Deltares reserves all rights not expressly granted to You in these Terms.

2. Use of the Site
A.This Site enables You to:

(i) upload content (including, but not limited to numerical data) owned by You (the "Content"), for which 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;

(ii) use the modelling tools contained on the Site (the "Applications") as indicated on the Site;

(iii) view, use and/or download the output data, generated from Your use of the Applications with Your Content (the "Output Data").
B. Deltares reserves the right to modify the content of, or restrict access to, this Site and/or the Applications at any time, with or without notice.

3. Conduct
You agree:
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. Not to engage in any conduct that would interrupt, destroy, limit, or harm either Deltares or any other person, including by use of virus, malicious code, program or file.
C. Not to reproduce, copy, modify, disassemble, decompile, translate, reverse engineer, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the use expressly permitted under these Terms, all or any portion of the Site and/or the Applications and/or relating software;

D. No to remove, disable, defeat, or change any functionality or appearance of the Site and/or the Applications or intentionally alter the format in which Output Data is provided by Deltares or otherwise circumvent the Site's and/or Applications' regular interfaces to such data.

Deltares reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including but not limited to the right to block access from a particular IP address to the Site and/or the Applications.

4. Intellectual Property and right of use

A. You agree that copyright and other intellectual property rights relating to the Site, the Applications and software relating thereto are and will remain with Deltares and/or third parties, as the case may be. Your use of the Site and/or the Applications under these Terms shall by no means constitute a transfer of any (intellectual) property right to You, in any form whatsoever.

B. Under these Terms, Deltares grants You a non-exclusive, non-transferable and revocable right, without the right to grant sublicenses, to use the functionality of the Applications in accordance with the indications on the Site and in accordance with and to the extend permitted by these Terms.

5. Disclaimer of Warranty and Liability
A.All content on the Site and the functionality of the Applications is provided to You by Deltares free of cost and/or fee, but "AS IS" AND WITHOUT WARRANTY OF ANY KIND. You agree that your use of the Site is at your sole risk.
B. TO THE FULLEST EXTENT PERMITTED BY LAW, DELTARES DISCLAIMS ANY AND ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, IN CONNECTION WITH THE SITE AND/OR THE APPLICATIONS AND THE USE THEREOF AND THE ACCURACY OF THE RESULTS GENERATED FROM YOUR USE OF THE APPLICATIONS. WE MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY OF THE SITE'S CONTENT, THE FUNCTIONALITY OF THE APPLICATIONS OR THE CONTENT OF ANY RELATED SITE.
C. DELTARES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ANY LOSSES AND/OR DAMAGES RESULTING FROM THE USE OF THE SITE AND/OR THE APPLICATIONS, (B) ANY INTERRUPTIONS OF SERVICE TO OR FROM THE SITE AND/OR THE APPLICATIONS, OR (C) VIRUSES, TROJAN HORSES, OR RELATED AGENTS THAT MAY BE TRANSMITTED THROUGH THE USE OF THE SITE AND/OR THE APPLICATIONS.  
D. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DELTARES 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 THESE TERMS.

6. Indemnity
You agree to indemnify and hold Deltares, 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 these Terms. You agree to execute and deliver documents to us, upon our request, that evidence or effectuate our rights under these Terms. This indemnity will survive these Terms and Your use of the Site and/or the Applications.

7. Limitation on Causes of Action
You agree that any cause of action arising out of or related to this Site and/or the Applications must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action will be permanently barred.

8. Information Collection and Use
A.The Site may contain, and Deltares reserves the right to apply on the Site, registration forms and other means that require You to submit certain personal information, including account names and contact data. Providing such personal information through these registration forms is completely voluntary on Your part, and by providing such information, You express Your consent that Deltares may use Your personal information. You represent and warrant that all information provided by You is complete and accurate. The information You provide will not intentionally be shared with anyone other than members and/or employees of Deltares and its affiliated divisions and entities. Deltares reserves 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.
B. Deltares may use various types of persistent user data (alphanumeric identifiers transferred to Your computer's hard drive), including but not limited to cookies, to track information about visitors to this Site. You may change Your browser settings to refuse cookies.
C. Like most sites, Deltares uses 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 Deltares, if any. Deltares uses this information to analyse trends and administer the Site.

9. Links to Other Sites
The Site may provide links to other sites. Deltares has no control over, and assumes 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 these Terms does not apply to any other sites.

10. Assignment.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Deltares without restriction.

11. Governing Law, Venue and Jurisdiction.
A.You agree that this Site is based solely in The Netherlands, that the Site and/or the Applications do not give rise to personal jurisdiction over Deltares, either specific or general, in jurisdictions other than the laws of The Netherlands.

B. The laws of The Netherlands will govern any claims relating to this Site and/or the Applications, 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.

12. Entire Agreement; Severability
These Terms supersedes and replaces any prior agreements or understandings and sets forth the entire understanding between You and Deltares with respect to the subject matter herein, and supersedes all oral and written communications, proposals and representations with respect to the Site and/or the Applications. If any provision of these Terms is held invalid, void, unenforceable or illegal, the remaining provisions of these Terms will continue in full force and effect.

13. Contact Information - Updating and Removing Personal Information.
If You have questions about these Terms, if Your personal information changes, or if You would like to have all of Your personal information removed from Deltares' systems, please contact Deltares at: webtools-info@deltares.nl