1.1. The original source of each data point, as provided by Climatiq, shall be given attribution in the Customer’s tool or report.
2.1. Licensed Data includes Calculated Data, where “Calculated Data” means calculated data based on ecoinvent Limited Life Cycle Impact Assessment Data (“Limited LCIA”) from the ecoinvent database (as defined in the ecoinvent EULA). Examples of Calculated Data include but are not limited to: normalized Limited LCIA results, the product of Limited LCIA and another factor (e.g. material amount in kg), calculated data based on Limited LCIA, etc.
2.2. These ecoinvent Additional Terms shall apply to Customer if Customer is enabled with access to ecoinvent’s Limited LCIA via an applicable Climatiq Calculate feature.
2.3. With regards to Limited LCIA, the Customer represents and warrants that Customer and its authorized users (“Tool Users”) do not and will not:
A. use, copy, adapt, change, translate, modify, sub-license, sell or distribute all or any portion of the Limited LCIA other than expressly sub-licensed in these ecoinvent Additional Terms or otherwise expressly required by mandatory law;
B. reproduce, disseminate or publicly display the Limited LCIA, or any portion or derivation thereof, other than granted in these ecoinvent Additional Terms;
C. grant to any third party any rights regarding the Limited LCIA (e.g. sub-licensing right);
D. publish or make available to others derivative databases or datasets or database-like products using all or any portion of the Limited LCIA or derivation thereof;
E. prepare extracts of the Limited LCIA, or any portion or derivation thereof;
F. use the Limited LCIA, or any portion or derivation thereof, in any other product or service;
G. use the Limited LCIA, or any portion or derivation thereof, to provide any service for third parties except for the studies and reports as granted in these ecoinvent Additional Terms;
H. use web crawlers or any other types of software or hardware technology to automatically download or index the Limited LCIA;
I. reverse engineer, decompile and disassemble the Tool to derive the Limited LCIA therefrom;
J. disclose the login details for access to the Tool to any third party, or to allow third parties to access the Tool;
K. assign the sub-licensing rights to any third party.
2.4. The Customer acknowledges that notwithstanding anything set forth in the Agreement, ecoinvent has third party beneficiary rights regarding the enforcement of the restrictions set forth in these ecoinvent Additional Terms.
2.5. If the Customer becomes aware that any Tool User breaches any of the restrictions set forth in Section 2.3 above, Customer shall notify Climatiq immediately in writing of the breach and the circumstances surrounding such breach.
2.6. Only Calculated Data (no raw emission factor data) shall be made available. Customer shall not be provided any other type of data from the Limited LCIA.
2.7. The Customer acknowledges and agrees that Climatiq Technologies GmbH must pass on the following information to ecoinvent on an annual basis, and shall provide all information as reasonably necessary for Climatiq to pass on such information:
A. Name and location of the Customer
B. Date of first access of the Customer
C. Work Location of the Customer
D. Aggregated, anonymized number of API calls for all of Climatiq’s customers that use ecoinvent
E. Number of Customer calculations per year
2.8. Customer is aware that the Licensed Data may be derived from different sources.
2.9. Customer shall comply with all laws applicable to it for access to, and use of, the Licensed Data.
2.10. Customer is itself responsible for, and bears the risk of, the use of the Licensed Data. Customer shall indemnify, defend and hold harmless ecoinvent and its auxiliary persons from and against all costs, expenses, damages, losses or liabilities arising out of, or in connection with, its use of the Licensed Data or breach of these ecoinvent Additional Terms.
2.11. The Limited LCIA is provided “as is”. It is within the responsibility of Customer to verify and to assess whether or not the Limited LCIA is fit for the intended use. Customer accesses and uses the Limited LCIA at its own risk. Ecoinvent and Climatiq hereby disclaim any and all representations and warranties, expressed or implied, of Limited LCIA including, but without limitation, merchantability, fitness for any particular purpose, accuracy, completeness, correctness, or damage to or loss of data.
2.12. ecoinvent has made commercially reasonable efforts to reduce Limited LCIA being subject to the rights of third parties. However, ecoinvent and Climatiq expressly disclaim any representation of non-infringement. Customer shall notify Climatiq immediately and in writing if any third party should assert an infringement claim against Customer in connection with the Limited LCIA.
2.13. The Licensed Data, as well as any updates and/or corrections to such Licensed Data, and any intellectual property or other rights pertaining thereto, are owned by ecoinvent and/or its data suppliers. The Licensed Data are licensed, not sold. Nothing in these ecoinvent Additional Terms shall operate to assign or transfer any intellectual property rights from ecoinvent and/or its data suppliers to Customer. Licensed Data are protected by national and international laws, such as copyright laws, database rights and/or treaties. ecoinvent reserves all intellectual property rights in and to Licensed Data.
Customer will abide by the following additional terms and conditions (the “IEA Additional Terms”) with respect to Customer’s access to and use of the IEA Factors (defined below). In the event of a conflict between these IEA Additional Terms and any other terms and conditions governing Customer’s access and use of Climatiq's features which use IEA Factors to calculate emissions, including but not limited to Energy and Freight Calculate feature (the “Products”), these IEA Additional Terms shall control with respect to any IEA Factors and Customer’s access to and use thereof via the Products.
3.1. Definitions
A. IEA: International Energy Agency, an autonomous body within the framework of the Organisation for Economic Co-operation and Development (OECD).
B. IEA Factors: Country-specific CO2 emission factors (CO2 emissions per kWh from electricity generation indicators (kgCO2/kWh)).
3.2. Limited Right to Use, Download, and Disclose
A. Customer is only permitted to:
1. Use the Products to calculate Customer's own emissions only (“Permitted Use”);
2. Customer may export or download, only as part of PDF reports generated for the Customer by the Products, the specific IEA Factors that the Products process to calculate Customer's own emissions (the “PDF Report”), solely for the purposes of the Permitted Disclosures set forth in Section 3.2(A)(3) below (the “Permitted Download”); and
3. Disclose the PDF Report solely for the purposes of mandatory emissions reporting (e.g., to CDP) and/or audits (“Permitted Disclosures”) and only to the extent Customer is required to do so by the relevant entity to which Customer reports and/or which audits Customer.
B. The Permitted Use, Permitted Download, and Permitted Disclosure described above are limited to the specific IEA Factors (and no others) relevant to Customer’s own emissions calculations.
C. Customer’s Permitted Use of the IEA Factors and Permitted Download rights shall terminate when Customer’s subscription to the Products is terminated.
3.3. Restrictions and Customer Obligations
A. Customer is not permitted to view, access, download, use, disclose, publish, modify, compile, or export any or all of IEA Factors in any format whatsoever; except for the Permitted Use, Permitted Download, and Permitted Disclosure described in 3.2(A) above;
B. Customer is not permitted to disclose or disseminate any IEA Factors to any third parties other than the Permitted Disclosure described in Section 3.2(A)(3) above.
C. Customer is not permitted to reproduce the IEA Factors in reports issued to the public, including without limitation, in any of Customer’s annual reports.
D. Customer may only use the Products for the calculation of Customer’s own emissions and carbon footprint and not for any other purpose or use.
3.4. Ownership and Attribution
A. Customer acknowledges and agrees that: (a) IEA has expended significant resources gathering, assembling and compiling information and data within the IEA Factors and producing the IEA Factors; (b) the IEA Factors are the valuable property of the OECD/IEA or their licensors; and (c) the OECD/IEA or their licensors retain copyright, database rights and any other applicable intellectual property rights in the IEA Factors, despite any licences granted to Customer under these IEA Additional Terms. Nothing in this section will operate so as to vest in you any proprietary rights in any IEA Factors.
B. If Customer includes any IEA Factors in a Permitted Disclosure, Customer must attribute IEA and any stated co-authors with the following notice:
1. For non-data excerpts of IEA Factors (e.g. text excerpts, figures, tables, graphics, charts): Source: IEA [/co-author(s) if any] (year), [Title], All rights reserved. Example: Source: IEA (2022) Oil Market Report – September 2022. All rights reserved.
2. Any notes appearing beneath the IEA Factors Customer wishes to reproduce, if relevant, should be included as they appear in the original IEA Factors.
3. If Customer reproduces any maps and/or references to specific countries or territories from the IEA Factors Customer must not remove any disclaimer that accompanies the map and/or reference.
4. For numerical data that is presented in aggregated, graphical or derived formats include the following notice: Based on IEA data from IEA (year) [Title of IEA database], IEA [/co- author(s) if any] (year), www.iea.org/statistics, All rights reserved; as modified by [your legal entity name]. Example: Based on IEA data from the IEA (2022) Monthly Oil Data Service, www.iea.org/statistics. All rights reserved; as modified by [you].
5. If Customer modifies the IEA Factors in any way, Customer must clearly include the mention: “as modified by [your legal entity name]”.
C. For the avoidance of doubt, the attribution requirements set forth in Section 3.4(B) above are general in nature and are in no way intended to broaden Customer’s permitted use as described in Section 3.2 above, or limit the restrictions placed on Customer under Section 3.3 above.
3.5. Disclaimers, Limitations of Liability
A. IEA provides the IEA Factors on an “as is” and “as available” basis. IEA’s goal is to keep the IEA Factors accurate and complete, but it makes no representations, guarantees or warranties (express, implied or otherwise) of any kind concerning the IEA Factors, including, without limitation, no warranties of satisfactory quality, availability, timeliness, fitness for a particular purpose, accuracy, completeness, merchantability, up-to-datedness, title or against infringement of the proprietary or other rights of third parties. Similarly, the third-party licensors of content within the IEA Factors that is sourced to them do not make any warranties about their content; such content is also provided on an “as is” basis. IEA reserves its right to change, update or discontinue in any way part or all of the IEA Factors or change any release times or dates, without notice or any liability.
B. IEA Factors is not intended to be and should not be relied upon by Customer in making (or refraining from making) any decisions. The OECD, the IEA. Climatiq and their third-party licensors shall not, under any circumstances, be liable to Customer for any loss, damage, liability or expense incurred or suffered (including all loss of profit, loss of use, loss of revenue, loss of contracts, increased costs and expenses and all special, indirect and consequential losses) which is claimed to result from access (or lack of access) to, use of, or reliance on, the IEA Factors and any content in the IEA Factors sourced to third parties, including without limitation, from any fault, error, omission, interruption or delay in such respect. Use of the IEA Factors and any content in the IEA Factors sourced to third parties is at the Customer’s sole risk.
C. Customer agrees to indemnify and hold harmless the OECD/IEA and their third-party licensors from and against any and all loss, including loss of reputation, loss of data and loss of revenue, and any other claims, actions, damages and costs occasioned to, or suffered by, the OECD/IEA resulting from Customer’s use of any IEA Factors and any content in the IEA Factors sourced to third parties.
D. Nothing in these Terms of Use for IEA Factors shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities that may apply to the OECD and the IEA, all of which are specifically reserved.
3.6. Additional Terms
A. By agreeing to be bound by these IEA Additional Terms, Customer also acknowledges and agrees that it has read, understands, and is bound by the IEA Terms & Conditions available at https://www.iea.org/terms (“IEA Online Terms”). Customer acknowledges and agrees that it must comply with all IEA Online Terms in addition to these IEA Additional Terms, and that Customer shall constitute a “Customer” as the term is used in such IEA Online Terms. Notwithstanding the foregoing, nothing in the IEA Online Terms shall broaden Customer’s permitted use as described in Section 3.2 above, or in any way limit the restrictions placed on Customer under Section 3.3 above.
B. The IEA reserves the right at any time and without prior notice to (a) update the IEA Online Terms, or to require updates to these IEA Additional Terms; and (b) release any IEA Factors under different licence terms.
Berlin, November 2024
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