These ecoinvent Additional Terms apply to (a) any direct customer of Climatiq and (b) any end customer of a Climatiq SaaS Partner or Consulting Partner, in each case to the extent such customer is enabled with access to ecoinvent Data via an applicable Climatiq feature, SaaS Partner software application, or Consulting product (the “Tool”).  

Each direct customer of Climatiq and each End Customer (the “Customer”) that accesses or uses the Tool must comply with these ecoinvent Additional Terms. In the event of any conflict between these ecoinvent Additional Terms and any other agreement or terms governing Customer’s access to or use of the Tool, these ecoinvent Additional Terms shall prevail solely with respect to the Tool and Customer’s access to and use thereof.

These ecoinvent Additional Terms are incorporated into the agreement governing Customer’s access to the Tool, and the governing law and jurisdiction provisions of that agreement apply to these ecoinvent Additional Terms; provided, however, that Climatiq and ecoinvent may bring any action, suit or proceeding arising out of or relating to these ecoinvent Additional Terms in the courts of Germany, and Customer irrevocably submits to the jurisdiction of such courts for such purposes. 

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1. Definitions

For purposes of these ecoinvent Additional Terms:

“Associated Information” means information and/or features (e.g., meta-information or properties) and/or files, in non-specified format (e.g., PDF, .xls, .xml, .spold) related to Datasets, and selected by ecoinvent.

“Calculated Data” means new data computed by using the ecoinvent Data, other than the original Dataset(s) and/or Database themselves.

“Data Point” means one numerical value contained in a Life Cycle Impact Assessment (LCIA) result (score).

“Dataset” means Life Cycle Impact Assessment (LCIA) results (scores) and/or Associated Information, including any new release(s) provided by ecoinvent, as the case may be.

“Database” means the entirety of ecoinvent’s Datasets and Associated Information.

“ecoinvent Data” means the Database, Datasets and/or Data Points, to which Customer is granted access and use rights under these ecoinvent Additional Terms.

“End Customer” means any third party that receives access to the Tool and/or any outputs generated using the ecoinvent Data through a Climatiq SaaS Partner or Consulting Partner.

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2. Permitted Use; Publication and disclosure

Publication/disclosure of Calculated Data. Publication or other disclosure of the Calculated Data for Customer’s own internal use or external use by third parties is permitted if and to the extent such reproduction of the Calculated Data:

1. is presented in a static report and in aggregated form in such a manner that the viewers cannot reverse engineer, back-calculate, process, translate, re-convert, extract or in any other way see or perceive the original underlying ecoinvent Data, in whole or in part, therefrom; and
2. is on an occasional basis; where, for the avoidance of doubt, “occasional” refers quantitatively to a limited amount of publications or other disclosures, but also qualitatively in any and all cases to the exclusion of creating database-like and/or competing products that are substantially derived from the ecoinvent Data (i.e., Calculated Data) and/or constitute or could constitute a substitute for the ecoinvent Data.‍

Attribution. Any publication or other disclosure of Calculated Data shall reference, and give appropriate credit to, ecoinvent as the data provider.

Compliance. Customer shall comply with all laws applicable to it for access to, and use of, the ecoinvent Data. 

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3. Prohibited conduct

Customer must not:

1. use, copy, adapt, change, translate, modify, sub-license, sell or distribute all or any portion of the ecoinvent Data other than expressly sub-licensed in these ecoinvent Additional Terms or otherwise expressly required by mandatory law;
2. reproduce, disseminate or publicly display the ecoinvent Data, or any portion or derivation thereof, other than as expressly permitted under Section 2(Permitted Use; Publication and Disclosure) or otherwise granted in these ecoinvent Additional Terms;
3. grant to any third party any rights regarding the ecoinvent Data;
4. publish or make available to others derivative databases or datasets or database-like products using all or any portion of the ecoinvent Data or derivation thereof;
5. prepare extracts of the ecoinvent Data, or any portion or derivation thereof;
6. use the ecoinvent Data, 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;
7. use web crawlers or any other types of software or hardware technology to automatically download or index the ecoinvent Data; 
8. reverse engineer, decompile and disassemble the Tool to derive the ecoinvent Data therefrom;
9. disclose login details for access to the Tool to any third parties, or to allow any third parties to access the Tool; 
10. assign any sub-licensing rights to any third party; or
11. use the ecoinvent Data after expiry/termination of Customer’s access.

4. Customer information

The Customer acknowledges and agrees that its vendor must pass on the following information to ecoinvent, via Climatiq Technology GmbH if Customer is contracting with a Climatiq partner, on an annual basis, and shall provide all information as reasonably necessary for its vendor to pass on such information:

1. Name and location of the Customer;    
2. Date of first access of the Customer;    
3. Work Location of the Customer;    
4. Aggregated, anonymized number of API calls for all of Climatiq’s customers that use ecoinvent;  
5. Number of Customer calculations per year; and     
6. Number of users of Customer accessing ecoinvent Data.

5. Ownership; no sale

The ecoinvent Data, as well as any updates and/or corrections to such ecoinvent Data, and any intellectual property or other rights pertaining thereto, are owned by ecoinvent and/or its data suppliers. The ecoinvent 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. ecoinvent 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 ecoinvent Data.

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6. Disclaimer

Customer is itself responsible for, and bears the risk of, the use of the ecoinvent Data. Customer shall indemnify, defend and hold harmless ecoinvent, Climatiq, and Climatiq’s partners and their auxiliary persons from and against all costs, expenses, damages, losses or liabilities arising out of, or in connection with, its use of the ecoinvent Data or breach of these ecoinvent Additional Terms.

Customer is aware that the ecoinvent Data may be derived from different sources.    

The ecoinvent Data is provided “as is”. It is within the responsibility of Customer to verify and to assess whether or not the ecoinvent Data is fit for the intended use. Customer accesses and uses the ecoinvent Data at its own risk. ecoinvent, Climatiq and Climatiq’s partners hereby disclaim any and all representations and warranties, expressed or implied, of ecoinvent Data including, but without limitation, merchantability, fitness for any particular purpose, accuracy, completeness, correctness, or damage to or loss of data. To the fullest extent permitted by the applicable law, ecoinvent, Climatiq and Climatiq’s partners disclaim any liability for damage occurring under, or in connection with the ecoinvent Data and any other services or data provided for by ecoinvent. This limitation also applies to any of ecoinvent’s, Climatiq’s and Climatiq’s partners’ auxiliary persons, such as, but not limited to, subcontractors, directors, officers, and employees.  

ecoinvent has made commercially reasonable efforts to reduce ecoinvent Data being subject to the rights of third parties. However, ecoinvent, Climatiq and Climatiq’s partners expressly disclaim any representation of non-infringement. Any indemnity in the contract between vendor and Customer applicable to intellectual property infringement shall not apply to the ecoinvent Data. Customer shall notify its vendor immediately and in writing if any third party should assert an infringement claim against Customer in connection with the ecoinvent Data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLIMATIQ’S OR ECOINVENT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE TOOL OR ECOINVENT DATA EXCEED THE FEES PAID OR PAYABLE BY CLIMATIQ TO ECOINVENT FOR CUSTOMER’S ACCESS TO CALCULATED DATA IN THE TOOL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR THE AVOIDANCE OF DOUBT, THIS LIMITATION IS BASED SOLELY ON AMOUNTS PAID OR PAYABLE BY CLIMATIQ TO ECOINVENT AND EXCLUDES ANY FEES PAID BY CUSTOMER TO CLIMATIQ OR ANY CLIMATIQ PARTNER.

7. Third-party beneficiaries

Climatiq and ecoinvent are intended third-party beneficiaries of these ecoinvent Additional Terms and may enforce them directly. Any Climatiq SaaS Partner or Consulting Partner that provides access to the ecoinvent Data to an End Customer is also an intended third-party beneficiary of these ecoinvent Additional Terms and may enforce them directly, solely with respect to breaches by such End Customer (or its users) relating to the ecoinvent Data.

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8. Equitable Relief

Customer or End Customer acknowledges that any breach or threatened breach of these ecoinvent Additional Terms relating to the ecoinvent Data, including any unauthorized disclosure, reverse engineering or reconstruction (or attempted reconstruction) of the ecoinvent dataset, creation or distribution of substantially replicative outputs, or removal or obscuring of proprietary notices, may cause irreparable harm for which monetary damages may be an inadequate remedy. Accordingly, Climatiq and ecoinvent (and their respective licensors, as applicable) and any Climatiq SaaS Partner or Consulting Partner that provides access to the ecoinvent Data to the applicable End Customer are each entitled to seek immediate injunctive and/or other equitable relief to prevent or curtail any such breach or threatened breach, without the necessity of posting bond or proving that monetary damages would be sufficient, in addition to any other rights and remedies available at law or in equity.