These EXIOBASE 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 accesses or uses any Climatiq emission factor data based on or derived from the EXIOBASE database (the “EXIOBASE Data”). EXIOBASE Data is licensed to Climatiq by XIO Sustainability Analytics A/S (“XIO”) and sublicensed onward as described here.
Each such customer (the “Customer”) that accesses or uses the EXIOBASE Data must comply with these Exiobase Additional Terms. In the event of any conflict between these Exiobase Additional Terms and any other agreement or terms governing Customer’s access to or use of the EXIOBASE Data, these EXIOBASE Additional Terms shall prevail solely with respect to the EXIOBASE Data and Customer’s access to and use thereof.
These Exiobase Additional Terms are incorporated into the agreement governing Customer’s access to the EXIOBASE Data, and the governing law and jurisdiction provisions of that agreement apply to these EXIOBASE Additional Terms; provided, however that Climatiq and EXIOBASE may bring any action, suit or proceeding arising out of relating to these EXIOBASE Additional Terms in the courts of Germany, and the Customer irrevocably submits to the jurisdiction of such courts for such purposes.
1. Permitted Use
Customer may use EXIOBASE Data solely to calculate their own emissions or sustainability metrics and to generate internal reports or compliance outputs (the “Permitted Use”), including through use within Climatiq’s proprietary software or API-based tools and integration within Customer-facing applications, dashboards, or reports. No other use is permitted.
A direct customer of Climatiq may use EXIOBASE data only for the internal benefit of the contracting entity. Use of EXIOBASE Data by or for the benefit of any subsidiary or affiliate requires a separate license. For purposes of the foregoing, “for the benefit of” includes situations where a subsidiary or affiliate relies on reports or outputs derived from the EXIOBASE Data in lieu of its own reporting.
End customers of Climatiq SaaS partners may use EXIOBASE data only through, and within, the SaaS tool through which they receive access to the EXIOBASE Data.
2. Disclosure limits; Calculated Results
Customer may use outputs or emissions estimates generated from EXIOBASE Data (“Calculated Results”) both internally and externally, and may retain Calculated Results indefinitely provided that any redistribution, commercial exploitation, or public display of Calculated Results that substantially replicate the EXIOBASE Data includes attribution to XIO Sustainability Analytics as the data source in a form reasonably approved by XIO.
Customers may redistribute metadata of EXIOBASE Data in limited ways, e.g. mentioning an emission factor in a published report.
3. Prohibited conduct
Customer must not:
If and to the extent the Climatiq Terms (https://www.climatiq.io/terms) apply to Customer, Section 11.5 of the Climatiq Terms will not apply with respect to the EXIOBASE Data.
4. Ownership; no sale
All rights in and to EXIOBASE Data remain with XIO and/or its licensors. EXIOBASE Data is licensed, not sold.
5. Disclaimer
EXIOBASE Data is provided “as is” without warranties of accuracy, completeness, or fitness for a particular purpose. Customer uses it at its own risk.
6. Third-party beneficiaries
Climatiq and XIO are intended third-party beneficiaries of these EXIOBASE Additional Terms and may enforce them directly. Any Climatiq SaaS Partner or Consulting Partner that provides access to the EXIOBASE Data to an End Customer is also an intended third-party beneficiary of these EXIOBASE Additional Terms and may enforce them directly, solely with respect to breaches by such End Customer (or its users) relating to the EXIOBASE Data.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLIMATIQ’S OR EXIOBASE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE EXIOBASE DATA EXCEED THE FEES PAID OR PAYABLE BY CLIMATIQ TO EXIOBASE FOR CUSTOMER’S ACCESS TO THE EXIOBASE DATA 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 EXIOBASE AND EXCLUDES ANY FEES PAID BY CUSTOMER TO CLIMATIQ OR ANY CLIMATIQ PARTNER.
7. Equitable Relief
Customer or End Customer acknowledges that any breach or threatened breach of these EXIOBASE Additional Terms relating to the EXIOBASE Data, including any unauthorized disclosure, reverse engineering or reconstruction (or attempted reconstruction) of the EXIOBASE 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 XIO (and their respective licensors, as applicable) and any Climatiq SaaS Partner or Consulting Partner that provides access to the EXIOBASE 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.
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