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Introduction
1. Parties and effectiveness of this Agreement
2. Definitions and Interpretation
3. Purpose of the Platform
4. Category Emissions
5. Liability
6. User's Obligations and Intellectual Property Rights
7. Warranties
8. Termination
9. Amendments to this Agreement
10. General
11. Governing law and jurisdiction
1.1 When we refer to ”we” or ”us” in this Agreement, we mean Doconomy AB, a private limited company incorporated in Sweden (Reg. No. 559163-0602) and having its registered office at Östermalmsgatan 26A, Stockholm 114 26, Stockholm, Sweden. 1.2 When we refer to ”you” in this Agreement, we mean the individual visiting and using the website and/or application (as applicable) pursuant to the terms set out in this Agreement. 1.3 This Agreement means this Terms of Use between you and us, as the same may be altered or supplemented by us from time to time, which applies to your use of the Platform.
Category Emissions means the greenhouse gas emissions (expressed in tons of CO2 or CO2e ) related to the specific categories mentioned, as further set out in Section 4. Data means all or any part of the Category Emissions data displayed on the Platform. Intellectual Property Rights means patents, registered designs, trademarks, copyright, design rights, data usage rights, rights in and to confidential information and know-how, any rights to apply for any of the foregoing, and any rights analogous to the same anywhere in the world, whether registered or unregistered. Sponsors means the organizations sponsoring (by making available) the Category Emissions related to a specific country. Platform means the 2030 Forecast website or application (as applicable). User means an individual who entered the Platform.
3.1 The purpose of the Platform is to enable individuals to follow greenhouse gas emissions on a national level and to visualize for each represented country how Category Emissions are progressing against halving by 2030, in line with IPCC recommendations to meet the Paris Agreement goal of limiting temperature rise to 1.5 degrees Celsius by the end of this century. 3.2 The Greenhouse Gas Emissions are presented as carbon dioxide or carbon dioxide equivalent value (expressed in tons of CO2 or CO2e) Where CO₂ value is a way to measure and display the amount of carbon dioxide released into the atmosphere, CO2e focuses on a more holistic approach and covers the amount of different greenhouse gases such as carbon dioxide, methane, nitrous oxide, by considering and adding each gas’s effect on climate change. Through this latter approach, the gases are converted to the equivalent amount of carbon dioxide to enable comparison. 3.3 Users are only allowed to use the Platform and the Category Emissions for informational purposes. It is not allowed to publish or otherwise make available the Category Emissions or use them for any direct or indirect commercial purposes.
4.1 The Category Emissions are an average estimate of emissions produced by the following Category Emissions: Energy (coal, oil, gas, waste), Industry (cement, steel, others), Ground Transport and Domestic Aviation. This does not include emissions associated from another country, such as CO2 or CO2e emissions on imported goods and services. To get more information around the methodology of our data provider Kayrros, please have a look at their website: www.kayrros.com 4.2 The Category Emissions are provided “as is”. We make no representation of the completeness or accuracy of the Data or the Category Emissions. 4.3 The Category Emissions are protected by national and international laws, such as copyright laws, database rights and/or treaties.
5.1 You shall indemnify and keep us indemnified from and against any and all losses, liabilities, claims, demands, damages, injury, costs and expenses arising directly or indirectly out of or in connection with: (a) your use of the Platform; (b) any breach by you of this Agreement; and (c) any infringement of any Intellectual Property Rights or other rights of any third party. 5.2 We cannot guarantee continuous update of the Data or access to the Platform. Operation of the Platform may be interfered by factors outside of our control. 5.3 To the extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, loss of business, loss of business opportunity, loss of profits, loss of sales, loss of revenue, loss or corruption of data, loss of goodwill or loss of reputation arising out of or in connection with the Platform and/or this Agreement. 5.4 To the extent permitted by applicable law, any and all liability for our personnel or auxiliary person is herewith excluded.
6.1 You are entering into this Agreement as principal and not as agent or on behalf of any third party. 6.2 You acknowledge and agree that all Intellectual Property Rights related to the Platform is owned or licensed to Doconomy AB, its existing or potential authorized licensee(s) or the Sponsors, and that you obtain no rights from us with respect thereto. 6.3 The User acknowledges that the grant to use the Platform under the Agreement does not transfer any right, title or interest from Doconomy, its existing or potential authorized Licensee(s) or the Sponsors. User acknowledges that it shall not acquire any rights or the goodwill associated therewith. 6.4 Pursuant to the terms stated in section 6.2 and 6.3, User shall not: a. reproduce, copy, modify, adapt, change, translate, develop, create derivative works of, decompile, disassemble, decrypt, unmask, hack, emulate, exploit, tear-down or reverse engineer (or carry out any act otherwise restricted by applicable intellectual property laws) any Intellectual Property Rights or any other materials owned by Doconomy, its existing or potential authorized Licensee(s) or the Sponsors. b. distribute, disclose, publish, market, sell, rent or lease to any third party information displayed on the Platform. c. use any Trademark owned by or licensed to Doconomy’s. d. use any Trademark owned by Doconomy’s existing or potential authorized Licensee(s) or the Sponsors.
7.1 You use the tool and the Category Emissions at your own risk. We disclaim any and all representations and warranties, expressed or implied, by the Category Emissions and the Data displayed including, but without limitation, merchantability, fitness for any particular purpose, accuracy, completeness, correctness, infringement of third party intellectual property rights. 7.2 We expressly disclaims any representation that the Category Emissions is not subject to the rights of third parties. 7.3 You shall notify us immediately and in writing if any third party should assert an infringement claim against you in connection with the Category Emissions.
8.1 We reserve the right, in our sole discretion, to shut down the Platform and/or to terminate this Agreement. 8.2 Any provision of this Agreement that expressly or by implication is intended to survive the termination shall continue in force.
We may amend this Agreement with new versions at our own discretion, and publish it on the Platform.
10.1 If any part of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force. 10.2 We, and our successors, may assign the rights and obligations under this Agreement.
11.1 This Agreement is governed by and construed in accordance with the laws of Sweden and you hereby agree that the courts in Sweden shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement. 11.2 Disagreements regarding the interpretation of this Agreement or other disagreements between the parties, regarding the above described scope, shall be settled amicably first. In case no amicable settlement is reached, the disputes arising out of, or in connection with, this Agreement shall be brought exclusively before the competent court of the city of Stockholm, Sweden.