Terms and Conditions of CODE-DE Services
The terms used herein shall have the following meanings:
- Account means the space available in the IT system after Registration on the Website, provided by the Service Provider.
- Agreement means the service agreement between Service Provider and the User concluded remotely in electronic form. The Agreement defines mutual rights and obligations of the Parties with regard to the provision of the Services in accordance with the principles set out in the Terms and Conditions and the other relevant documents. The Parties may conclude the Agreement of use of the Portal (for register Users) or the Agreement of authorized use of the Portal (for registered and authorized Users).
- Altered Products means services and data derived from Primary Products and indicating a distinct connection to the original sensor information. They do not contain any significant intellectual or creative accomplishments by the User. For the purpose of these Terms and Conditions, Altered Products are in particular but are not limited to: histogram stretched images, orthorectified images, redesign of the image structure of a raster image and re-scaled images.
- Authorized User means natural person registered and authorized by the Service Provider who has access to the selected resources of the Service, including using and / or modifying, change managing, publishing, copy, share of the elements of or entire Service.
- Derivative Products means works consisting of Primary Products or modified services and data, which do not have any traceable correlation with the original input data and contain a significant intellectual or creative accomplishment by the User. For the purpose of these Terms and Conditions, Derivative Products are in particular but are not limited: Classifications of the surface, indices of vegetation and interferograms.
- Force Majeure means external events which are unpreventable despite the exercising of due diligence and care.
- Help Desk means the support provided by the Service Provider.
- Non-registered User: users who have not completed the online registration procedure. They merely have limited access to the portal. In particular, this includes the presentation of the Website and a search function for the Services. Downloading content is only possible after Registration. If Terms and Conditions refers to Non-registered Users, then Terms and Conditions refers expressly herein.
- Parties means jointly the Service Provider and the User.
- Portal is the Copernicus Data and Exploitation Platform – Deutschland (CODE-DE) portal, available on the Website: https://code-de.org/, through which the Services are provided and all content is available.
- Primary Products, Primary Services means the services and/or data owned by its respective rights owner (European Commission, Deutsches Zentrum für Luft- und Raumfahrt or other third parties), Subcontractor or other Service and data collection owned originally by Subcontractor or another User's.
- Registered User means a natural person who has completed the online registration procedure and has thus access to selected resources of the Service, including using of the elements of or entire Service.
- Registration means completing of a registration by the User in accordance with the scope and the requirements determined therein and creating of the Account.
- Remote Agreement means conclusion of the Agreement between the Parties remotely in electronic form by accepting these Terms and Conditions and the other relevant documents.
- Sentinel Data are all data collected by the instruments on board the Sentinel space missions developed by ESA and all data products derived from these data in the framework of the EC Copernicus space programme.
- Service or Services means Services provided by the Service Provider in accordance with this Agreement.
- Service Provider means: Deutsches Zentrum für Luft- und Raumfahrt e. V. (DLR), Linder Höhe, 51147 Köln, Telephone: +492203 601-0, Email: email@example.com
- Subcontractor (Processor) means the technical operator and hosting entity, i.e. CloudFerro.
- Terms and Conditions means this document, specifying the terms and conditions for providing electronically the Services available via the Portal. The latest version of these Terms and Conditions is available at: https://code-de.org
- User means Registered User and/or Authorized User.
- Website means "www" website in the https://code-de.org domain.
2.1 Provision of Services
The Service Provider provides the Services in the scope and in accordance with the terms set out in the Terms and Conditions.
2.2 Type of Services
On the date of validity of these Terms and Conditions, the Service Provider offers through the Portal electronic Services, such as in particular:
- Cloud computing service – ready-to-use, standardized cloud computing resources for information processing, configured by and provided by the Service Provider. Cloud computing resources are made available to the User in accordance with the principles set out in these Terms and Conditions.
- Data and services – Service Provider disclose the Primary Product owned by the Service Provider, European Space Agency, European Comission or third party.
- Data transformation service – consisting in editing and transforming data in order to facilitate operating on data.
- Computing services – comprise cloud based Virtual Machines (VMs), dedicated baremetal servers, containers, operating system and software images.
- Storage related service – comprise type of storage consists of Volume Storage that can be attached to VMs as block devices to dynamically extend their storage capabilities.
- Data related services – comprise cloud infrastructure and innovative methods to efficiently process and distribute data.
- Virtual networking services – comprise virtual networks, virtual routers, Internet connectivity, public IP numbers, Load Balancer as a Service virtual (LBaaS) appliance, fixed bandwidth Internet connectivity.
- Security services – comprise authentication and authorization service (OpenStack Keystone), access groups, Firewall as a Service (FWaaS) virtual appliance, VPN as a Service (VPNaaS) appliance, software upgrades.
2.3 Scope of application of the Terms and Conditions
Hereof Terms and Conditions applies only to the types of Services mentioned above. Other services or data, not provided by Service Provider, European Space Agency or other Subcontractor shall not be covered herein.
2.4 Free of Charge
Services and data available on the Portal to Non-registered Users and Users, offered by the Service Provider is free of charge.
3 Third parties
The Service Provider may use third parties to fulfill its contractual obligations, in particular the subcontractor (Processor).
4 Registration – access to the Account
There are the following types of Users, depending on the scope of the Services provided by the Service Provider:
- Non-registered Users – Users with access to the Portal, with no access to the Portal.
- Registered Users – Users who have registered the Account during the Registration process and may use the Services including downloading data from the Portal.
- Authorized Users – registered Users who are granted the authorization by the Service Provider on request of the User. Authorized User has additional rights and obligation e.g. the right to post content on the Portal or used the Services.
4.1 Registration Data
During the Registration, the User indicates the email address and password used to access the Account opened in the Portal. The User is obliged not to disclose the data used to authenticate to the Account to third parties and bear full liability for any consequences of disclosing the authentication data.
4.2 Access by unauthorized persons
If the User discovers or suspects that the User's data or other authentication tools (e.g. login or password or token, API) have been or may be in the possession (or accessed) of an unauthorized person, the User shall immediately change User password and notify the Service Provider of their suspicions via email or other direct communication channels provided by the Service Provider to enable the Service Provider to block such potentially illegal access immediately. The Service Provider shall notify the User given respectively.
5.1 Remote Agreement
The Agreement is concluded by using electronic means of communication, in particular in the form of an electronic form available at the Website.
5.2 Terms and Conditions
5.3 Terms for concluding the Agreement
Parties may conclude the following agreements:
5.4 Updating User's data
The User undertakes to immediately notify the Service Provider of any changes to the data provided at the time of Registration or during the conclusion of the Agreement.
5.5 Obstacles to the conclusion
The Agreement is not effectively concluded if the User shall provide incomplete or false data or the User shall create more than one Account.
6 Term and termination
6.1 Termination by Service Provider
Service Provider has the right to immediately block access to the Account and, in doing so, terminate the Agreement at any time. In particular, this can occur in the case of breaching these Terms and Conditions or based on mandatory legal provisions. The User will be informed of such measures via email to the registered email address. However, before erasing the Account and the User's data, the Service Provider shall contact the User, providing the User with an appropriate period, not shorter than 7 days, to back -up User's data or delete User's Derivative Products.
6.2 Request deactivating
User can request deactivating the User's Account at any time without stating reasons and request delete User's account including personal data, as long as storage beyond deletion is not intended. With deactivation, the User simultaneously terminates the User Agreement.
6.3 Keeping information
In case User's information is needed for a specific legal proceeding, Service Provider may keep such information as long as the proceeding in question is ongoing.
6.4 Right of withdrawal
Users confirm and accept the fact that User's right of withdrawal is waived herein.
7 Providing Services by electronic means
7.1 Service provided electronically
Services provided under these Terms and Conditions are services provided electronically.
7.2 Liability for content
The Service Provider is not liable for content or accuracy of data and information entered by the Users.
7.3 Notice and takedown
In accordance with the law in case of receiving official notification or obtaining reliable information about an unlawful nature of data placed in the Service Provider's cloud by the User or related activities, the Service Provider shall immediately prevent access to such data. In case the Users place unlawful data, the Service Provider shall be entitled to immediately block access to the Users' Account and to demand compensation for damage resulting from breaches of obligations.
7.4 Erasure of unlawful data
The Service Provider has the right to erase User data if they violate laws or rights of third parties. However, before erasing the data, the Service Provider shall contact the User, providing the User with an appropriate period to clarify doubts, not shorter than 7 days. The Service Provider may block access to the User's data or block access to the Portal during the clarification period.
7.5 User's Actions
The Service Provider is not liable for the malfunctioning of Services in the event that it is the result of an incorrect use of the functionalities of the Service or results from the User's operation unauthorized by the Service Provider, in particular when it results from the integration of the Services offered by the Service Provider with software unauthorized by the Service Provider.
8 Technical requirements and improvements of the Services
8.1 Technical requirements
To use the Services provided by the Service Provider, the User needs a device with access to the Internet, equipped with a web browser. The required technical conditions enabling the use of the Services are specified in the documentation of individual Services, constituting an integral part of these Terms and Conditions.
8.2 User-specific technical requirements
The Service Provider does not provide the above technical requirements. The User bears all costs associated with providing technical requirements on the User's side.
An indispensable condition for using the Services for Users is creating an Account at the Website.
8.4 Ensuring security at the User's side
The Service Provider declares that regardless of the actions taken by Service Provider to secure the Services, due to the public nature of the Internet and the use of electronic means, the Users should be aware of the risk of obtaining and modifying Users' data by unauthorized persons. Therefore, the Users should also, in order to ensure the security of their equipment and data, use proper technical and organizational measures to protect data, information and functions, in accordance with the requirements of the GDPR and other applicable laws, as well as applying due diligence.
8.5 Improving the Services
The Service Provider is entitled to take actions related to extending the range of the offered Services, increasing their quality and improving the parameters of the rendered Services and updating the offered Services. Changes in the functionality of the Account resulting from these actions and the extension of the scope of the Services offered shall not be considered a change in the terms of cooperation between the Parties (a change of Terms and Conditions) requiring the acceptance of the User.
8.6 Use of third party services
The Service Provider with regard to the provision of Services may provide Users with services and products (including software) of third parties. In this case, the use of these services and products shall be carried out by the User on the terms agreed with such a third party (including terms based on licenses granted by third parties). The Service Provider shall not be liable for the services of third parties.
9 Obligations of the Service Provider
9.1 Providing Services in accordance with the Agreement
The Service Provider provides the User with access and use of the Account via the Portal and ensures the functionality of the Services offered by the Service Provider, each time at the conclusion of the Agreement with the User. The Service Provider is not obliged to provide and assess the suitability of the Services for the purposes of the User or the functionality of the Service specified by the User and not guaranteed by the Service Provider at the time of concluding the Agreement.
The Service Provider strives to operate and keep the Portal and Services available in line with the existing possibilities.
9.3 Temporarily Limit or shut down the Portal
The Service Provider has the right to temporarily limit or shut down the Portal or other Services in particular, to conduct maintenance work on software or hardware. Furthermore, limitations can occur in the event of unforeseeable malfunctions or if technical measures must be implemented, to ensure the security and integrity of the server.
9.4 Entirely Limit or shut down the Portal
The Service Provider has the right to entirely or partially shut down the operation of the portal, provided that the operation is impossible or unreasonable due to technical, economical, operational or statutory reasons e.g. the User (respectively Registered User or Authorized User) does not have the right to:
- remain on the link provided by the Service Provider and no right to access to the linked content;
- use the Portal. Insofar as required due to technical circumstances, the Service Provider can appropriately reduce the band width available to the User;
- uploaded User's content or tools remaining in the Portal.
10 Obligations of the User
10.1 Accuracy of data
The User is obligated to provide accurate personal data when registering or ordering Services. The User is obliged to notify the Service Provider about any changes of contact details necessary to issue invoices and deliveries, as well as changes of a contact e-mail address.
By concluding the Agreement, the User undertakes to comply with the law when using the Services and not to infringe rights of third parties. In particular, the User undertakes not to infringe copyright, industrial property rights, personal rights, rights of third parties regarding the protection of trade secrets and breach of personal data protection.
10.3 Securing data access
The User undertakes to properly secure access to the Account and to the use the Services, including in particular creation of a secure password when accessing and using the Services and not disclosing them to unauthorized persons.
10.4 Obligation to cooperate
The User is obliged to cooperate with the Service Provider in situations specified in the Agreement, i.e. in particular when such cooperation is necessary to determine whether there had been access or use of the Services in a manner incompliant with the Agreement or legal provisions.
10.5 Obligation to repair damage
The User is obliged to repair any damage the Service Provider shall suffer with regard to the use of the provided Service by the User in violation of applicable law and / or the rights of third parties.
10.6 Obligation to protect the Service Provider
In case the third party brings any claims against the Service Provider with regard to the unauthorized or prohibited use of the Services by the User, the User shall release the Service Provider from liability with regard to such claim. In particular, the User is obliged to immediately provide explanations to the claimant, provide the Service Provider with legal assistance, join the proceedings with or in place of the Service Provider, and release the Service Provider from all claims, as well as reimburse the Service Provider for legal costs and other expenses related to the dispute.
10.7 No harmful activities
The User is obliged not to use any software or tools that may adversely affect the functioning and ability of the Service Provider to provide and offer Services to Users.
11 External content
11.1 External content
The Service Provider does not review external content, which is uploaded to the Portal by the User. This also applies to links the User places in the Portal.
11.2 Context of the external content
External content, which the Authorized User uploads, should be a part of the Service Provider context, i.e. it is Service Provider "inside" (they could be interesting for the application as additional data for a further upgrading of data and services or depict open source software for further processing). Users may also upload any content for their own needs or for the restricted subset of User's needs.
11.3 Rights of the content
The Authorized User is only entitled to upload content or software for which Authorized User holds the required rights. The Authorized Users can upload the Altered Services, Derivative Works or other tools and/or data in context of the Service Provider profile.
11.4 Free of charge content
The User may only provide content for downloading, processing or execution, which solely consists of open source software or services and data or the User has full rights to disseminate the content.
11.5 Marks of the content
Content uploaded by the User must be marked as third-party content. The User must include a table of contents for the uploaded content. At the least, the User must also publish the license text for open source software, open source services and data.
11.6 Right to remove or edit
The User who provided the content to the Portal, is entitled to remove or edit the external content posted by User in the Portal at any time. If the User removes or edits content already in the Portal which is made available to other Users, the User shall inform the Service Provider accordingly.
12 Rights of the User
12.1 Right of use
The User obtains a non-exclusive, temporary, revocable right to use the Service provided by the Service Provider. The right of use is transferable under the conditions stated here. It entitles the User (respectively Registered User or Authorized User) to:
- use, modify and change the data and in doing so, create Altered Products and Derivative Products.
- share the data with third parties in line with projects in particular, with contractual partners and organizations for the purpose of the project. The User ensures that all third parties who use these Services are aware of the "Terms and Conditions".
- copy the data as often as required for the use.
- publish the data, Altered Products and Derivative Products in digital or print media. The right to publication in digital media does not include the right to reconstruct the Subcontractors data or Altered Products unless, the below requirements of provision below are met.
- sell the Subcontractor's data, Altered Products or Derivative Products to any other individual or any organization with legal capacity. If the User sells Primary Services and Altered Products, or makes them otherwise available to third parties, the User must ensure that the individual or organization receiving this/these data, services or works is informed about the Terms and Conditions. The rights resulting from provision above do not apply to individuals or organizations, who/which commercially operate in the area of Internet based services and products particularly, Internet search, cloud computing, software and online sales technologies.
12.2 Confidential data
Insofar as Primary Services or data is marked “confidential”, “proprietary” or “sensitive”, the rights of use granted here can be subsequently restricted unilaterally.
13 Security of Services
13.1 Prohibited processing of special categories data
It is prohibited to place personal data of special categories (referred to in Article 9 of the GDPR), data relating to criminal convictions and offenses and preventive measures (referred to in Article 10 of the GDPR). It is also prohibited to place financial data or credentials in an unsecured manner in the Service Provider's Services.
13.2 Security of Services
As a rule, the Service Provider processes nonpersonal data. In the event that the Service Provider processes personal data (in accordance with the statement made by the User), the level of security of personal data used by the Service Provider is adequate to the risk determined as a result of the analysis of the risk of violation of the rights or freedoms of natural persons with regard to the processing of such personal data. The Service Provider, in order to ensure the safe provision of Services, taking into account technical knowledge, implementation cost and the nature, scope, context and purpose of processing, has implemented appropriate technical and organizational measures, including the classification and configuration of data covered by the Service; and provides the ability to encrypt data in transit provided by the User.
The Service Provider is not liable for loss of User's data.
13.4 Permission to the erasure of the data
If the User uses the Services, especially in the case of violating laws or these Terms and Conditions or unlawfully or violates the rights of third parties, the Service Provider shall be entitled to erase such data or prevent their storage and disclosing at any time.
14 Service Provider's liability
14.1 Exclusion of the Service Provider's liability
The Service Provider, with regard to the Services provided to the User, shall not be liable for:
- provided data, in particular not for completeness, quality, timeliness or suitability for a particular purpose.
- permanent or temporary inability to provide the service, and for the non-performance or improper performance of the service as a result of Force Majeure or other circumstances for which the service provider is not liable under generally applicable law.
- direct or indirect damages, including lost revenues of the User or third parties, resulting from the use of the data and services provided in the Portal. This does not apply to liability for damages resulting from injury to life, limb or health, which are based on a negligent breach of duty by the operator or an intentional or negligent breach of duty by a legal representative or vicarious agent of the operator. Furthermore, damages based on the violation of the contractual cardinal obligation of the operator are also covered. This also does not apply to grossly negligent or intentional breaches of duty by the operator or intentional or grossly negligent breaches of duty by a legal representative or vicarious agent of the operator.
- consequences of improper use of the offered services by the user.
- consequences of the use of information and software downloaded by the User from the Internet, or for their content, if they do not originate from the Service Provider.
- consequences of the sharing of content by the User when using the Services.
- consequences of the use of information authorizing access to the Services by third parties, if such third parties have come into possession of such information as a result of its disclosure by the User or as a result of insufficient protection of the information by the User from access by such persons.
The liability of ESA regarding the SENTINEL data is governed by the "Legal Notice on the use of Copernicus Sentinel Data and Service Information" (https://sentinels.copernicus.eu/documents/247904/690755/Sentinel_Data_Legal_Notice). Accordingly, ESA assumes no liability for damages to the user or a third party resulting from the use of the SENTINEL data. Excluded from this is liability for intentional conduct.
14.2 Exclusion of liability for inaccurate data
The Service Provider shall not be liable for any consequences that may result from providing by the User's false data when concluding the Agreement.
14.3 Liability of the content
The Service Provider does not bear any liability for content or software the Authorized User uploads to the Portal. The Authorized User is solely responsible for this content and software. This does not apply to liability for damages resulting from loss of life, physical injuries or damage to health, which are based on a negligent breach of duty by the Service Provider.
14.4 Liability of linked content
The Service Provider is not liable for the linked content. The Service Provider does not assume any responsibility for the content and the availability of third-party websites, which are accessed via external links on this portal and explicitly distances itself from all content, which may possibly be relevant in terms of criminal or liability law or be immoral.
14.5 Willful misconduct
The limitation of the Service Provider's liability does not apply to damage caused to the User intentionally by the Service Provider.
15 User liability
15.1 Data accuracy
The User is obliged to provide complete and accurate data at the time of registration or when concluding the Agreement. If it is ascertained that the data provided by the User is inaccurate or incomplete, the Service Provider, in addition to other rights set out hereunder, has the right to block the User's access to his account.
15.2 Force Majeure
The User is not liable for events caused by Force Majeure.
15.3 Liability for infringements
The User bears full liability for infringement the provisions of the Terms and Conditions, including in particular those arising from failure to comply with the User's obligations, using the Services in a manner inconsistent with the law or the provisions of the Terms and Conditions.
The User declares that they are familiar with the Community control system and rules for trading dual-use items within the meaning of Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) and is aware of the rules for the use and export of such dual-use items. The User hereby declares that they are aware of financial and criminal liability for actions contrary to the aforementioned Regulation. specified in the Polish Act of 29 November 2000 on foreign trade in goods, technologies and services of strategic importance for national security, and for maintaining international peace and security.
15.5 Prohibition of detrimental content
During the use of the Services User is obliged not to store, share information and data, as well as provide references to such data and information that violate applicable law or the legitimate interest of third parties. In particular, the User shall not store and share data and information of a nature and related to content detrimental to minors, promoting racial, ethnic and national hatred, content threatening public health and safety, promoting illegal products and violating the ban on marketing such products and any content detrimental due to the principles of social coexistence.
15.6 User's statements
User declares that all data, information, files or applications stored and made available by the User with regard to the User 's use of the Services:
- do not infringe the rights of third parties, including copyrights, trademark rights, trade secrets and personal rights;
- do not violate applicable law and generally accepted moral norms;
- are not offensive and do not contain threats directed at third parties;
- they do not contain racist or pornographic content;
- they do not contain viruses or other computer programs with purpose to cause damage, intercept data, break security or cause destabilization of computer systems or networks;
- do not contain any tools to facilitate or enable file sharing (peer to peer);
- they are not used to send spam;
- they do not contain applications for attacking or hacking other servers using such techniques as: port scanning, sniffing, spoofing.
15.7 User liability for third party activities
The User bears liability for the access and use of Services by persons authorized by the User to do so.
15.8 User's Assurance
The User acknowledges and confirms that they are aware that the Service Provider concludes the Agreement with the User based on the aforementioned statements and assurances of the User recognizing them as true. The User is liable for any damage arising from the conclusion of the Agreement by the Service Provider, based on false data and false statements of the User.
16 Blocking of the Services
16.1 Blocking of the Services
In the event of even one of the important reasons indicated below, the Service Provider may block access to the Services or data:
- after incorrectly entering the password five times. A new password can be requested by means of the stored email address using the forgot password function,
- receiving an official notification or obtaining reliable information / news that the Services are or were used in a manner inconsistent with these Terms and Conditions,
- the User's lack of cooperation, in cases where such cooperation is necessary to determine whether there has been access or use of the Services in a manner inconsistent with the Agreement or legal provisions,
- justified supposition of the Service Provider regarding unauthorized access by the User or use of the Account or Services,
- objectively justified supposition of the Service Provider that immediate blocking of access to the Services is necessary to protect the integrity, availability or security or stability of the ICT infrastructure;
- the obligation arising from the law or the provisions of competent state bodies or courts.
16.2 Information on blocking
Immediately, i.e. not later than within 2 business days, after blocking access to the Service or to date, User shall be notified through the Account about the blockage and its reasons. If the User cannot be communicated with by the Account, the Service Provider shall notify the User by sending an e-mail to the e-mail address provided by the User for communication.
The Service Provider immediately, i.e. no later than within 2 business days, after finding out the cessation of the reasons for blocking, restores access to the Services or User's data respectively, notwithstanding the exceptions provided by law.
17.1 Confidentiality obligations
The Parties are obliged to keep in secret and not to disclose to third parties confidential information received from or related to the other Party, regardless of the form of obtaining such information, and to be careful when storing and processing such information, unless the other Party gives a documented consent to release from the obligation to keep such information confidential.
17.2 Confidential information
Confidential information includes in particular technical, technological and organizational information that was not disclosed to the public and was not public at the time the Agreement was concluded.
17.3 Confidentiality Period
The Parties are obliged to keep in secret the confidential information of the other Party as long as this information is not generally disclosed or easily available and at least until 24 months after the end of the Agreement.
17.4 Disclosure of information on request
The obligation of confidentiality does not prevent disclosure of information at the legitimate request of a court or other authorized body, while maintaining possible measures to protect the disclosed information against its public dissemination - after informing the other Party in writing about the request for disclosure, if such information is possible and lawful.
17.5 Obligation to notify
The disclosing Party must notify the other Party of the disclosure of confidential information in documented form, regardless of the basis on which it was disclosed.
18 Protection of personal data
18.1 Service Provider as a Controller
In order to perform and settle the Agreement, the User provides the Service Provider with the User's personal data other contact persons of the User, and persons authorized to represent the User.
The Service Provider uses the Processor in order to provide the Services. The main Processor od the Service Provider is CloudFerro.
19 Intellectual property rights
All intellectual property rights, in particular copyrights to the work related to the provision of Services by the Service Provider, are entitled to the Service Provider and are not transferred to the User as part of the Services.
19.2 Non-exclusive license
The Service Provider grants the User a non-exclusive license (hereinafter: "License") to exploit the software dedicated to use the Services (hereinafter: "Subject of the License") globally, only for the purpose of using the Services in accordance with the Terms and Conditions. The license is granted for the following type of use:
- software installation, if necessary;
- permanent or temporary reproduction of elements of the Service Provider's website, in whole or in part, by any means and in any form, also when it is necessary to carry out the installation, launch, make available, introduce, display, use or operate the Subject of the License;
- the License includes the possibility of using the Subject of the License in forms in which it is made available by the Service Provider at a particular time;
- the Service Provider does not agree to the licensing or resale or sublet of the Service Provider's service by the User to third parties.
19.3 Service Provider intellectual property rights
The User obtains the rights to use the Primary Products as well as to the Altered Products stated in section above based on the license terms and conditions or other documents of similar purpose listed in the portfolio. All other rights remain with the owners and producers of the Products referred in the appropriate license documents. If the User shares or publishes the Primary Products as well as the Altered Products or makes them otherwise available, the User must mark the data or services with the appropriate copyright symbol or "© DLR (year of access)" for the products produced by DLR for the CODE-DE platform.
19.4 Sentinel data Copyright
The User obtains the rights to use, adapted or modified the Sentinel data governed by European Space Agency under the rules set out in "Legal Notice on the use of Copernicus Sentinel Data and Service Information".
19.5 User's intellectual property rights
The User is the holder of the rights (intellectual property rights) of User Derivative Products. If the User shares, sells or publishes Derivative Products or makes them otherwise available, the User must mark the works according to regulations set in the appropriate license terms for the specific Primary Products.
19.6 Posted Content
The Authorized User confers the other Users a non-exclusive transferable, free right of use to copy the posted content, make it publicly accessible and to edit said content.
19.7 Third party license
To the extent that the Services are provided by Subcontractors or other Users relevant provisions regarding the intellectual property rights of these entities, any licenses granted by these entities to the User or any licenses whose granting is necessary for these entities in order to perform the Services, they are included in the terms and conditions or agreements regarding the provision of services by those entities.
The User can publish Primary Products, Altered Products in printed or digital media. The publication in digital media does not include downloading or reconstructing this data and these services unless, the requirements for circulation pursuant to provision above.
20.1 Sentinel data right to Publish
The User obtains the rights publish the sentinel data governed by European Space Agency under the rules set out in "Legal Notice on the use of Copernicus Sentinel Data and Service Information".
20.2 Rules of publications
If the User shares or publishes the Primary Products, as well as the Altered Products, or makes them otherwise available, the User must mark the data or services according to regulations set in the appropriate license terms for the specific Primary Products.
20.3 Marking of derived products
If the User shares, sells or publishes Derivative Products or makes them otherwise available, the user must mark the works as follows: "contains CODE-DE data (year of receipt)".
20.4 Marking in general
If the User publishes data, services and works, User is obligated to include the following information in a prominent place: "This publication is enabled by the CODE-DE project, which is funded by the German Federal Ministry of Transport and Digital Infrastructure under grant number 50EW1530. The author is responsible for the content of this publication."
21.1 Subject matter of a complaint
The User may raise objections related to access to the Services, their functioning and quality by way of a complaint, within 30 days from the occurrence of the event justifying the complaint.
21.2 Submitting a complaint
The User's complaint should be sent in writing to the Service Provider's address - Deutsches Zentrum für Luft- und Raumfahrt (DLR), Linder Höhe, 51147 Köln, Deutschland, with the note "Complaint" or by e-mail: firstname.lastname@example.org, entering "Complaint" in the title of the email.
21.3 Completing the complaint
The Service Provider, if believes that it is necessary for proper consideration of the complaint, immediately asks the User to supplement the complaint within a reasonable time limit set out in the request, not shorter than 7 days. If the User fails to supplement the complained with the required timescales, the complaint will not be further processed by the Service Provider.
21.4 Review deadline
The Service Provider will consider the complaint within 14 days of receiving a complete complaint, however the time may be extended to 30 days in justified cases, of which the User will be notified.
21.5 Service Provider's reply
The Service Provider will inform the User whether the Service Provider accepts the complaint and how the Service Provider intends to satisfy it or about the lack of grounds for accepting the complaint together with the justification. The Service Provider responds to the complaint in the same form as that of its submission.
In case of conclusion of the Agreement in electronic form the Service Provider reserves the right to amend the Terms and Conditions in the event of at least one of the following important reasons.
22.2 Notification of modifications
The User shall be notified of the amendment to the Terms and Conditions by sending information about the change to the e-mail address provided on the User's account, which the Parties consider as entering information about the amendment into the electronic means of communication in such a way that the User can read the content of the new Terms and Conditions.
22.3 Duration of the new Terms and Conditions
If the Services are provided for an indefinite period, the amendment to the Terms and Conditions shall enter into force 6 weeks after sending information about the amendment to the User's e-mail address and publishing information about the change on the Website. The User accepts the modified Terms and Conditions by using the Portal after said terms become effective.
22.4 Lack of acceptance
In case, that the User does not accept the new Terms and Conditions, the User shall request account deactivation.
22.5 Lack of the right to terminate the Terms and Conditions
The User has no right to terminate the Terms and Conditions if the amendment to the Terms and Conditions is irrelevant.
22.6 An insignificant change
An insignificant change means any changes of the nature i.e. contact details, changes in the possibilities of communication with User, change the of the notification periods, change of the User's headquarters, change of the User's company name, changes resulting from the reorganization of the Service Provider's structure, changes that do not affect the economic position of the Parties or changes or adding other Services agreed between the Parties.
23 Data erasure
23.1 Data erasure
Upon termination of the Agreement, the User accordingly loses access to all User data.
The account along with all processed data will be erased immediately, i.e. not later than within 14 days, subject to the following sub clauses.
23.3 Obligation to process
The Service Provider's obligation to delete the User's data and the Account does not apply in case and to the extent in which the obligation of further processing results from the law or decisions of competent public authorities.
24 Final provisions
24.1 Applicable law
German law applies to the contractual relationship excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is Bonn, provided that the User is not a consumer.
24.3 Prevail language
In the event of a conflict between the English legal meaning and the German legal meaning of these Terms and Conditions or any part thereof the German legal meaning shall prevail.
24.4 Notification of a change
The Parties are obliged to notify each other of any change of addresses or other delivery address or data identifying the Parties.
If one or more provisions of the Terms and Conditions is or become invalid or ineffective, this does not affect the validity or effectiveness of their other provisions.