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EULA Ecoinvent v3

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0% found this document useful (0 votes)
43 views15 pages

EULA Ecoinvent v3

Uploaded by

sawmanuel17
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 15

This document combines two (2) End User Licence

Agreements (EULA) for the ecoinvent database.

Depending on the typ of licence you are buying only one of the EULAs applies.
If you are buying an indefinite licence (i.e. single user, educational single user,
educational multi user, additional licence and upgrades from ecoinvent v2 to
v3), then Part I applies. If you are buying a Yearly licence, then Part II applies.

Part I:

End User Licence Agreement (EULA) for ecoinvent Database and ecoinvent
Datasets, March 2014 (version 2)

Part II:

End User Licence Agreement (EULA) for ecoinvent Database (Yearly Licence),
November 2015 (version 1.0)
Part I:

End User Licence Agreement (EULA) for ecoinvent Database and ecoinvent
Datasets, March 2014 (version 2)
ecoinvent : Terms of Use f or ecoinvent Dat abase and ecoinvent Dat aset s f or end users and f or end users of educat ional licences

End User Licence Agreement (EULA) for ecoinvent Database and


ecoinvent Datasets

§ 1 Preamble

This EULA represent s a cont ract bet ween ecoinvent and you as an individual or l egal person as end user
or end user of an educational licence .

Pl ease read t his EULA caref ul ly bef ore using any version of t he ecoinvent Database or any ecoinvent
Dataset .

By downloadi ng, inst al ling or using any ecoinvent Database or using any ecoinvent Dataset , end user or
end user of educational licences agree t o be bound by t he t erms of use of t his EULA.

If you do not accept t his EULA, you are NOT ALLOWED t o use t he ecoinvent Database or any ecoinvent
Dataset except t hose i n t he f ree part of t he dat abase f or which no licence f ee is due.

§ 2 Definitions

The f ollowing def ined t erms and expressions shal l have t he same meaning in singular as wel l as in plural :

EULA means End User Licence Agreement of any version of t he ecoinvent Database or any ecoinvent
Dataset .

ecoinvent was f ounded by f ive Swiss research inst it ut es as Verein (“ associat ion” according t o Art . 60 f f .
of t he Swiss Civil Code, having it s regist ered of f ice in Züri ch). ecoinvent is hereinaf t er ref erred t o as
Licensor.

LCA means Lif e Cycle Assessment .

LCI data means Lif e Cycle Invent ory dat aset s, each represent ing t he environment al dat a f or a specif ic
human act ivit y.

ecoinvent Dat abase means t he dat abase cont aining ecoinvent Dat asets. The ecoinvent Database covers
any version of t he dat abase t hat t he end user or end user of an educational licence has access t o.

ecoinvent Dataset means t he individual LCI data in t he ecoinvent Database , each represent ing t he
environment al dat a f or a specif ic human act ivit y, in what ever f orm (el ect ronic, paper) t hey may be
accessed by t he end user or end user of an educational licence .

ecoinvent guest means a person being grant ed onl y an inscript ion f or t he ecoinvent Database wit hout
being grant ed a singl e- or mul t i -user -l icence.

end user represent s an individual or l egal person using t he ecoinvent Database or any ecoinvent Dat aset
as a singl e-user on an i ndividual comput er or as a mul t i -user on several individual comput ers or
workst at ions.

Version v2 (as of 01/ 05/ 2014) page 1/ 7


ecoinvent : Terms of Use f or ecoinvent Dat abase and ecoinvent Dat aset s f or end users and f or end users of educat ional licences

educational licence means t he right t o use t he ecoinvent Dat abase or an ecoinvent Dat aset on an
unlimit ed number of individual comput ers (or workst at ions) at t he Licensee’ s sit e f or a non-commer cial
academic use only.
end user of an educational licence represent s an individual person being employed at a universit y or a
universit y as a legal person, using t he ecoinvent Database or an ecoinvent Dataset as a singl e-user on an
individual comput er or as a mul t i -user version on several individual comput ers or workst at ions f or non-
commer cial , academic use.
end user and end user of an educational license are hereinaf t er ref erred t o as Licensee .

Licensor and Licensee are hereinaf t er ref erred t o as Parties.

Reseller means a supplier of LCA Sof t ware wit h t he ecoinvent Database .

§ 3 Scope of this EULA and subj ect matter

1. The ecoinvent Database or any ecoinvent Dat aset are sol ely owned by Licensor or any ot her
Licensor’ s data supplier . They are only licensed, not sold.

2. The ecoinvent Database as well as any ecoinvent Dataset are prot ect ed by nat ional and int ernat ional
copyright laws and t reat ies. Licensor reserves all int ell ect ual propert y right s, including copyright s and
t rademark right s.

3. This EULA shall apply t o all cont ract ual relat ionshi ps in which a Licensee acquires a licence f or t he use
of t he ecoinvent Database or any ecoinvent Dataset direct ly f rom Licensor or via a Reseller .

4. Subj ect t o t he t erms of use set f ort h in t his EULA, Licensor grant s t o Licensee t he right t o use t he
ecoinvent Database or an ecoinvent Dataset under t he condit ions as set hereinaf t er.

5. The ecoinvent Database or an ecoinvent Dataset are licensed at dif f erent license f ees in dif f erent
versions f or commercial use eit her as a single-user li cence on an individual comput er or as a mult i-user
licence on several individual comput ers or workst at ions at Licensee's sit e.

6. The ecoinvent Database or an ecoinvent Dataset can also be grant ed wit h dif f erent license f ees as a
single-user licence on an individual comput er or as a mult i-user licence on several individual
comput ers or workst at ions f or non-commercial , academic use at Licensee's sit e.

7. The Licensee obt ains access t o t he ecoinvent Database or an ecoinvent Dataset wit h a login and
password f or onli ne access.

§ 4 License fees
a) end user

1. The payment f or t he t ransf er and use of t he ecoinvent Dat abase or ecoinvent Dat aset of t he
respect ive version and licence t ype is subj ect t o t he price list valid at t he t ime of t he order or subj ect
t o a writ t en agreement bet ween Licensor / Reseller and Licensee regarding t he price.
2. Af t er payment , login and password are sent t o Licensee, allowing access t o t he corresponding
ecoinvent Database or ecoinvent Dat aset .

Version v2 (as of 01/ 05/ 2014) page 2/ 7


ecoinvent : Terms of Use f or ecoinvent Dat abase and ecoinvent Dat aset s f or end users and f or end users of educat ional licences

3. Login and passwords may be changed by Licensor at any t ime and t he new login and password are
communicat ed t o Licensee .

b) end user of an educational licence


4. The payment f or t he t ransf er and use of t he ecoinvent Dat abase or ecoinvent Dat aset of t he
respect ive version and licence t ype f or non-commer cial academi c use is subj ect t o t he price list valid
at t he t ime of t he order or subj ect t o a writ t en agreement bet ween Licensor / Reseller and Licensee
regardi ng t he pri ce.
5. The educat ional version of t he ecoinvent Dat abase may be limit ed by Licensor at any t ime in
geographical or t emporal coverage compared t o t he commercial versions.
6. The current educat ional version of t he ecoinvent Database may be accessed f rom an unlimit ed number
of comput ers or workst at ions by universit y personnel and st udent s f or non-commercial, academic use
only. Af t er accept ance of t he applicat ion f or an educat ional licence, f irst year login and non-
changeabl e password are submit t ed t o t he Licensee allowing access t o t he educat ional version of t he
ecoinvent Database . Each year, a new login and/ or a new password wil l be communicat ed t o t he end
user of an educational licence . The f ormer login and password are put back t o t he ecoinvent guest
st at us f or anot her six (6) mont hs bef ore t hey are del et ed def init ivel y.

§ 5 Validity of Licence
1. The grant ed licence is only valid f or t he current version of t he ecoinvent Database or f or a specif ic
ecoinvent Dataset which has been purchased. Access t o t hese dat a is grant ed as long as a specif ic
version is of f ered as a licence by t he ecoinvent Centre or a Reseller . If a cert ain version is no longer
of f ered as a licence by t he ecoinvent Centre or by a Reseller t o whom t he right of licensing has been
commissioned, neit her access t o nor support f or such a version of t he ecoinvent Dat abase or f or such
a specif ic ecoinvent Dat aset are guarant eed

2. Against payment of an annual maint enance f ee, t he end user or end user of an educational licence
obt ains access t o any published updat es f or t he li censed version of t he ecoinvent Database or t he
ecoinvent Dataset during t he f ol lowing 12 mont hs period. Access t o updat es can only be obt ained by
cont inuous annual payment of t he annual maint enance f ee or by purchase of a new license.

§ 6 Rights of Licensee
1. As bet ween t he Parties, Licensor reserves all right s in and t o t he ecoinvent Database or t o a specif ic
ecoinvent Dat aset . Licensee is grant ed a right t o use t he ecoinvent Dat abase or a specif ic ecoinvent
Dataset as set f ort h in t his EULA, unless addit ional right s t o use are explicit ly grant ed in a writ t en
document .

a) End user :

2. As a singl e-user l i cence , end user is grant ed a non-excl usive licence t hat may be assigned t o use t he
licensed version of t he ecoinvent Dat abase on a singl e comput er only as set f ort h in t his EULA.

3. Wit h a mul t i -user l icence, t he ecoinvent Database may be implement ed on a specif ied number of
comput ers or workst at ions, provided t hat t hese comput ers or workst at ions are owned by t he same end
user . The number of concurrent comput ers using t he ecoinvent Dat abase is specif ied in t he end user's
order and i n t he respect ive bill .

4. End user is ent it led t o use t he ecoinvent Database as specif ied in t he correspondi ng order and in t he
respect ive bil l, f or an unli mit ed number of commercial or educat ional LCA proj ect s and report s. Dat a
shall be quot ed herein by at t ribut ing as source t he corresponding ecoinvent Database and/ or t he
corresponding version of t he ecoinvent Dataset .

Version v2 (as of 01/ 05/ 2014) page 3/ 7


ecoinvent : Terms of Use f or ecoinvent Dat abase and ecoinvent Dat aset s f or end users and f or end users of educat ional licences

b) End user of an educational licence:


5. End user of an educational licence is grant ed a non-excl usive licence t o use t he current educat ional
version of t he ecoinvent Database on one or more comput er(s) or workst at ions at t he same Universit y
and t o use it f or an unlimit ed number of non-commercial, academic or educat i onal LCA proj ect s and
report s. Dat a shal l be quot ed herein by at t ribut i ng as source t o t he corresponding version of t he
ecoinvent Database or t he ecoinvent Dataset .

6. End user of an educat ional licence is responsibl e f or ensuring t hat t he educat ional version of t he
ecoinvent Database accessed are used exclusively by t he personnel and st udent s of t he Universit y f or
non-commercial , academic use.

§ 7 Restrictions of use

1. a. The use of a singl e-user l icence is connect ed and limit ed t o one ident if ied person.
1. b. The use of a mul t i -user l icence is connect ed and limit ed t o a corresponding number of ident if ied
persons.
1. c. The use of an educat ional licence is connect ed t o one cl earl y def i ned educat ional inst it ut ion. The
right t o use an educational licence may be t ransf erred t o employees and st udent s of t he Licensee
wit hout f urt her approval of t he Licensor . Adequat e measures must be t aken by Licensee t o ensure
t hat al l t he employees and st udent s involved underst and t he limit s on t he right s t o use and t hat t he
educational licence is f or non-commercial personal and educat ional use only.
2. Licensee is not ent it l ed t o use t he ecoinvent Database or t he ecoinvent Dat aset by preparing
ext ract s, or f or any f urt her commercial purposes.
3. Licensee is not ent it led t o reproduce, disseminat e or publicly display any signif icant port ions of t he
ecoinvent Database or t he ecoinvent Datasets.
4. Licensee is not ent it led t o sell, rent , lease, loan, dist ribut e, export , import , act as an int ermediary or
provider, or grant any kind of licence right s t o t hird part ies wit h regard t o t he ecoinvent Database,
the ecoinvent Dat aset or any port ions t hereof .
5. Licensee is not ent it l ed t o undert ake, cause, permit or aut horize t he modif icat ion, creat ion of
derivat ive works, t ranslat ion, reverse engineering, decompiling, disassembling or hacki ng of t he
ecoinvent Dat abase, t he ecoinvent Dat aset or any part t hereof except t o t he ext ent permit t ed by
law.
6. Licensee is not ent it l ed t o assign t he ecoinvent Database or the ecoinvent Dat aset as a whole or any
port ions t hereof t o any t hi rd part y.
7. End user of an educational licence is not aut hori zed t o use t he ecoinvent Database f or ext ernal ly
f unded research proj ect s of his inst it ut ion.

§ 8 Other rights of Licensor

1. Licensor reserves any ot her right s regarding t he use and exploit at ion of t he ecoinvent Database, e. g.
t he right t o add addit ional f eat ures or f unct ions, or t o provide programmi ng f ixes, updat es and
upgrades, t o t he ecoinvent Dat abase .

2. Licensor has no obligat ion t o make available t o Licensee any subsequent versions of an ecoinvent
Dataset , except when Licensee has cont inuously paid t he annual maint enance f ee f or updat es.

§ 9 Validity and material defects of ecoinvent Database or an ecoinvent Dat aset

Version v2 (as of 01/ 05/ 2014) page 4/ 7


ecoinvent : Terms of Use f or ecoinvent Dat abase and ecoinvent Dat aset s f or end users and f or end users of educat ional licences

It is wit hin t he responsibilit y of Licensee t o verif y and t o assess t he vali dit y and i nt egrit y of t he
ecoinvent Database or the ecoinvent Dataset prior t o it s use and t o decide whet her or not it f it s f or t he
int ended use.

§ 10 Limitation of Liabilit y

1. Licensor shal l only be l iable f or damages occurri ng on wilf ul int ent or gross negligence in accordance
wit h art . 100 Swiss Code Civil.
2. Licensor shal l not be liable f or any mat erial def ect s/ damages, including consequent ial damages, loss of
income, business or prof it , special , indi rect or incident al damages due t o t he use of ecoinvent
Database or any ecoinvent Dataset .
3. Licensor's liabilit y f or mat erial def ect s is rest rict ed t o t hose t aking place duri ng t he t ransf er of t he
ecoinvent Database or any ecoinvent Dataset f rom t he original source t o Licensee .
4. Licensee must assume t he ent ire risk of using t he ecoinvent Dat abase or any ecoinvent Dat aset .

§ 11 Guarantees / Warranties

1. Licensor disclaims al l warrant ies, expressed or implied, i ncluding, but wit hout limit at ion, t he
warrant ies of merchant abi lit y and of f it ness f or any purpose of ecoinvent Database or any ecoinvent
Dataset .
2. Licensor guarant ees t he operabi lit y of t he current ly available version of t he ecoinvent Dat abase .
3. Licensor has made all ef f ort s possible t o avoid ecoinvent Datasets being subj ect t o t he right s of t hird
part ies, i n part icular t hat it s use does not inf ringe pat ent s, copyright s or ot her int el lect ual propert y
right s of t hird part i es. However, Licensor does not guarant ee t hat ecoinvent Datasets are not subj ect
t o t he right s of t hird part ies. Licensee shall not if y Licensor immediat ely and in writ ing if any t hird
part y shoul d assert an i nf ringement claim against Licensee i n connect ion wit h t he ecoinvent
Database .
4. Licensor does not guarant ee t he accuracy, compl et eness, correct ness, non-inf ringement of t hi rd part y
right s or f it ness f or a part i cular purpose of inf ormat i on availabl e f rom t he current ly available version of
t he ecoinvent Database .
5. Licensor does not guarant ee t hat t he t echnical det ails of t he ecoinvent Database are suit abl e f or a
specif ic purpose beyond t he specif icat ions in t he dat a qualit y guideline.
6. In case of programmi ng errors (e. g. t echnical corrupt ion) limit ing t he usabilit y of t he current l y
available version of t he ecoinvent Database , t he warrant y period shal l be one year af t er purchase of a
licence.

§ 12 Return

The exchange and t he ret urn of ecoinvent Dat abase or any ecoinvent Dataset t o ecoinvent are general ly
not possible and never possible whenever t he dat a have already been accessed. Only i n except ional cases
and af t er agreement f rom ecoinvent it is possible t o ret urn t he al ready ordered ecoinvent Database or
any ecoinvent Dataset . In case ecoinvent Database or any ecoinvent Dat aset have specially been
ordered f or t he Licensee , as well as cust om-conf igured syst ems are excluded f rom any ret urn possibilit y.

In case ecoinvent agrees on ret urn of ecoinvent Dat abase or any ecoinvent Dataset, such ret urn will be
at Licensee‘ s own risk and expenses wit hin a maximum of t en (10) days aft er t he Licensee will have
received t he first order confirmat ion from ecoinvent . ecoinvent Database or any ecoinvent Dataset

Version v2 (as of 01/ 05/ 2014) page 5/ 7


ecoinvent : Terms of Use f or ecoinvent Dat abase and ecoinvent Dat aset s f or end users and f or end users of educat ional licences

must be sent wit h t he received conf irmat ion of t he dat a key. When ret urni ng ecoinvent Database or any
ecoinvent Dat aset t he Licensee must expect a compl et e loss of t he ecoinvent Database or any
ecoinvent Dataset . ecoinvent assumes no liabi lit y f or damages result ing f rom such loss.

§13 Severability Clause

1. If a provision of t his Agreement is or becomes il legal , invalid or unenf orceable in any j urisdict ion, t he
validit y or enf orceabilit y in t hat j urisdict ion or any ot her provision of t his Agreement shal l not be
af f ect ed. The concerned provision is superseded i n accordance wit h t he l egal laws.
2. Inst ead of an i nvalid provision, a valid provision shal l be deemed t o be agreed which comes
economical ly closest t o what t he part ies int ended; t he same applies in t he case of an omission.

§ 14 Changes of this Agreement

1. Licensor reserves t he right at it s discret ion t o change, modif y, add or remove t erms of use of t his
EULA at any t ime.
2. Any change, modif icat ion, addit ion or removal of t he t erms of use of t his EULA must be not if ied t o
Licensee as soon as possible. Such not if icat ion will be done by announcement i n combinat ion wit h t he
next use of ecoinvent Dat abase or ecoinvent Dat aset.
3. Licensee will have t o agree on such change, modif icat ion, addit ion or removal of t he t erms of use of
t his EULA bef ore use of t he lat est version of ecoinvent Database or ecoinvent Dataset wil l be
allowed again. In case of a missing renewed consent by Licensee , any f urt her use of ecoinvent
Database or ecoinvent Dataset wil l be aut omat ically denied wit hout any right of compensat ion or
reimbursement of payment being due.
4. In case of modif icat ions and changes of any nat ional or int ernat ional legal f ramework having
compulsory ef f ect on t his EULA as well as on t he provision of any cont ract ual dut ies, right s and
maint enance f ormerly negot iat ed bet ween Licensor and Licensee, Licensor shall be allowed t o
change t his EULA wit hout explicit consent of Licensee.

§ 15 Termination

1. Licensor reserves t he right t o t erminat e t his EULA at any t ime wit hout consent of Licensee.
Termi nat ion shal l aut omat ically become ef f ect ive one mont h af t er not if icat ion t o Licensee has t aken
place.
2. Licensor may t erminat e t his EULA wit h immediat e ef f ect if Licensee f ails t o comply wit h any t erm or
condit ion of t his EULA. In such event , Licensee must dest roy all copies of t he provided ecoinvent
Database or any ecoinvent Dataset .
3. The use of ecoinvent Dat abase or ecoinvent Dataset will be aut omat ical ly t erminat ed i n case of
Licensee denies renewal of consent t o t his EULA.

Version v2 (as of 01/ 05/ 2014) page 6/ 7


ecoinvent : Terms of Use f or ecoinvent Dat abase and ecoinvent Dat aset s f or end users and f or end users of educat ional licences

§ 16 Applicable Law and Court of Jurisdiction

1. Al l disput es arising out of or in connect ion wit h t his Agreement , including disput es on it s conclusion,
binding ef f ect , amendment and t erminat ion, shall be excl usively governed by Swiss law.

2. The Court of Jurisdict ion is Zur ich.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE
RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING OR INSTALLING
OR USING THE ECOINVENT DATA, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND
CONDITIONS AND GRANT TO LICENSOR THE RIGHTS SET FORTH HEREIN.

Version v2 (as of 01/ 05/ 2014) page 7/ 7


Part II:

End User Licence Agreement (EULA) for ecoinvent Database (Yearly Licence),
November 2015 (version 1.0)
End User Licence Agreement (EULA) for ecoinvent Database
(Yearly Licence)
Version 1.0 / 26 November 2015

Preamble

This EULA stipulates a contract between ecoinvent and you as an individual or legal person as
Licensee.

Please read this EULA carefully before accessing and using any version of the ecoinvent Database
or any ecoinvent Dataset.

By downloading, installing or using any ecoinvent Database or using any ecoinvent Dataset,
Licensee agrees to be bound by the terms of use of this EULA.

If you do not accept this EULA, you are NOT granted the right to use the ecoinvent Database or
any ecoinvent Dataset except those in the free part of the database for which no licence fee is
due.

§ 1 Definitions

The following defined terms capitalised and printed in bold letters shall have the same meaning
in singular as well as in plural:

ecoinvent Database means the database containing ecoinvent Datasets. The ecoinvent Database
covers any version of the database to which the Licensee has access.

ecoinvent Dataset means four (4) sets of data: undefined unit process, linked unit process, life
cycle inventory (LCI) data and life cycle impact assessment (LCIA) results in the ecoinvent
Database, each representing the environmental data for a specific human activity, in whatever
form (electronic, paper) they may be accessed by the Licensee.

ecoinvent means ecoinvent Association, an association founded by five Swiss research institutes
as association according to Art. 60 ff. of the Swiss Civil Code (in German: “Verein”), having its
registered office in Zurich, Switzerland. ecoinvent is hereinafter also referred to as Licenser.

End User means any individual or legal person being granted full access to ecoinvent Database
via the Reseller Software.

EULA means End User Licence Agreement of any version of the ecoinvent Database or any
ecoinvent Dataset.

Guest User means any individual or legal person being granted direct but only limited access to
ecoinvent Database, namely to the undefined unit process, via the website of ecoinvent.

LCA means Life Cycle Assessment.


Licence Fee means the price to be paid for the access to, and use of, the ecoinvent Database or
ecoinvent Dataset that is stipulated in the price list valid at the time of the order by the Licensee,
or subject to an individual written agreement between Licenser or Reseller and the Licensee
regarding the price.
ecoinvent: End User Licence Agreement (EULA) for ecoinvent Database (Yearly Licence)

Licensee means End User and Guest User.


Licenser shall have the meaning set forth in the definition of ecoinvent.

Parties means jointly Licenser and Licensee.

Reseller means a supplier of LCA Software to whom ecoinvent has commissioned a sub-licensing
right of the ecoinvent Database.

Reseller Software means Reseller’s LCA software into which the ecoinvent Database has been
integrated.
Studies and Reports means copyrightable materials.
Term shall have the meaning set forth in section §11(1).

Yearly Licence means the licence granted under this EULA for the Term.

§ 2 Scope and Licence


1. This EULA shall apply to all contractual relationships in which a Licensee acquires a licence
for the use of the ecoinvent Database or any ecoinvent Dataset directly from Licenser or via
a Reseller.
2. Subject to the terms of use set forth in this EULA, Licenser grants for the Term a non-
exclusive, non-transferable, (notwithstanding the Term) revocable, and royalty-bearing right
to access and use the ecoinvent Database. Thereby, End User shall have full access and use
right to the ecoinvent Datasets via the Reseller Software whereas Guest User shall only have
access and use right to undefined unit process via ecoinvent’s website.
3. Unless agreed otherwise between the Parties, Licensee is not granted a sub-licensing right.
4. Licenser has no obligation to make available to End User any subsequent versions of an
ecoinvent Database.

§ 3 Licence Fees
1. Licensee shall pay the Reseller the Licence Fee.
2. The Licence Fee is non-refundable.
3. After receipt of the Licence Fee, login and password will be sent to Licensee, allowing End
User full access to the ecoinvent Database in the Reseller Software and Guest User access
to the undefined unit process through the ecoinvent website.

§ 4 Login
1. The Licensee shall keep the login and password confidential and shall not disclose them to
any third party. Login and passwords may be changed by Licenser at any time and the new
login and password are communicated to Licensee.

§ 5 Ownership and Intellectual Property Rights

1. The ecoinvent Database is solely owned by Licenser or its data suppliers, as the case may be.
The ecoinvent Database is only licensed, not sold.

Version 1.0 (as of 26 November 2015) page 2/5


ecoinvent: End User Licence Agreement (EULA) for ecoinvent Database (Yearly Licence)

2. The ecoinvent Database is protected by national and international laws, such as copyright
laws, database rights and/or treaties. Licenser reserves all intellectual property rights.

§ 6 Restrictions of use
1. The use of a Yearly Licence is bound and limited to one workstation (i.e. workstation-bound
license).
2. End User is granted unlimited access to the ecoinvent Database only through the Reseller
Software. After the Term the End User undertakes to irrevocably delete the ecoinvent
Database from the workstation(s).
3. Guest User is only granted limited access to the ecoinvent Database through the ecoinvent
website.
4. Licensee is not entitled to publish or make available to others derivative databases or datasets
or database-like products using all or any portion of the ecoinvent Database or ecoinvent
Dataset, or any derivation thereof. Publication of individual datasets and results are permitted
within the scope of Studies and Reports provided that this does not violate the legitimate
business interests of the Licenser.
5. Licensee is not entitled to reproduce, disseminate or publicly display any significant portions
of the ecoinvent Database or the ecoinvent Datasets.
6. Licensee is not entitled to sell, rent, lease, loan, distribute, export, import, act as an
intermediary or provider, or grant any kind of licence rights to third parties with regard to the
ecoinvent Database, the ecoinvent Dataset or any portions thereof. Studies and Reports are
exempted from this sub-section 6.
7. Licensee is not entitled to undertake, cause, permit or authorize the modification,
translation, reverse engineering, decompiling, disassembling or hacking of the ecoinvent
Database, the ecoinvent Dataset or any part thereof except to the extent required by
mandatory law.
8. Licensee is not entitled to assign the ecoinvent Database or the ecoinvent Dataset as a whole
or any portions thereof to any third party.

§ 7 Limitation of Liability

1. To the extent permitted by applicable law, Licenser disclaims any and all liability for direct
damages and/or indirect damages (e.g. consequential damages, loss of income, business or
profit, reputation) occurring under this EULA.

2. To the extent permitted by applicable law, any and all liability for Licenser’s auxiliary persons
is herewith excluded.

§ 8 Representations and Warranties


1. Licenser represents the operability of the currently available version of the ecoinvent
Database and the specifications in the data quality guideline.
2. Subject to § 8(1), the ecoinvent Database is provided “as is”. It is within the responsibility of
Licensee to verify and to assess the validity and integrity of the ecoinvent Database prior to
its use, and to decide whether or not it fits for the intended use. Licensee uses the ecoinvent
Database or any ecoinvent Dataset at her own risk. Licenser disclaims any and all
representations and warranties, expressed or implied, of the ecoinvent Database including,
but without limitation, merchantability, fitness for any particular purpose, accuracy,

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ecoinvent: End User Licence Agreement (EULA) for ecoinvent Database (Yearly Licence)

completeness, correctness, infringement of third party intellectual property rights, breach of


data use obligations or restrictions, or that the ecoinvent Database will be available without
interruption.
3. Licenser has made commercially reasonable efforts to reduce ecoinvent Datasets being
subject to the rights of third parties. However, Licenser expressly disclaims any representation
that ecoinvent Datasets are not subject to the rights of third parties. Licensee shall notify
Licenser immediately and in writing if any third party should assert an infringement claim
against Licensee in connection with the ecoinvent Database.
4. In case of programming errors (e.g. technical corruption) limiting the usability of the currently
available version of the ecoinvent Database, the warranty period shall be one year after
purchase of a licence. In the event of a warranty claim, Licensee’s sole remedy for the
programming error is, at Licenser’s sole discretion, programming fixes, updates and upgrades,
work-around or replacement of the ecoinvent Database.

§ 9 Return

1. The exchange or the return of ecoinvent Database or any ecoinvent Dataset to ecoinvent are
generally not possible and never possible whenever the data have already been accessed. Only
in exceptional cases and after prior written approval by ecoinvent shall it be possible to return
the already ordered ecoinvent Database or any ecoinvent Dataset. In case ecoinvent
Database or any ecoinvent Dataset have been ordered specifically for the Licensee, as well
as custom-configured systems are excluded from any right of return.

2. In case ecoinvent agrees on returning any ecoinvent Database or any ecoinvent Dataset, such
return will be at Licensee‘s own risk and expenses within a maximum of ten (10) days after
the Licensee will have received the first order confirmation from ecoinvent. ecoinvent
Database or any ecoinvent Dataset must be sent with the received confirmation of the data
key. When returning ecoinvent Database or any ecoinvent Dataset the Licensee must expect
a complete loss of the ecoinvent Database or any ecoinvent Dataset. ecoinvent assumes no
liability for damages resulting from such loss.

§ 10 Changes
a) EULA
1. Licenser reserves the right at its discretion to change, modify, add or remove terms of use of
this EULA at any time.
2. Any change, modification, addition or removal of the terms of use of this EULA shall be notified
to Licensee’s e-mail address known to Licenser and/or to Reseller. As of such notification,
Licensee shall have a thirty (30) day notice period to deny such new terms and terminate the
EULA to the following e-mail addresses:
 to the Reseller’s e-mail address if Licensee has an agreement with the Reseller, and/or
 to [email protected] if Licensee accesses the ecoinvent Database directly via the
ecoinvent website.
3. After expiry of the thirty (30) day notice period, login to the ecoinvent Database or ecoinvent
Dataset shall only be granted to Licensees who have accepted the new terms.

b) ecoinvent Database

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ecoinvent: End User Licence Agreement (EULA) for ecoinvent Database (Yearly Licence)

4. The ecoinvent Database and/or ecoinvent Dataset may change from time to time. Licensee
acknowledges and agrees that ecoinvent may update (e.g. add features or functions to) the
ecoinvent Database and/or ecoinvent Dataset with or without notifying Licensee. Licensee
may need to update third party software from time to time in order to access and use the
ecoinvent Database.
5. Scheduled offline periods are necessary to maintain and update the ecoinvent Database. These
may be announced in advance.

§ 11 Term and Termination

1. The term of the licence granted hereunder is one (1) year after the first access according to
§2(2) herein.

2. Licensee shall have a termination right according to §10(a) (2).

3. Notwithstanding section §11(1), Licenser may terminate this EULA at any time without
consent of Licensee with three (3) month notification period.

4. Notwithstanding section §11(1), Licenser may terminate this EULA with immediate effect if
Licensee fails to comply with any terms of this EULA. In such event, Licensee must irrevocably
delete all copies of the provided ecoinvent Database or any ecoinvent Dataset.

§ 12 General Provisions
1. If any provision of this EULA is or becomes invalid or unenforceable, the validity or
enforceability of any other provision of this Agreement shall not be affected. Instead of an
invalid provision, a valid provision shall be deemed to be agreed which comes economically
closest to what the Parties intended; the same applies in the case of an omission.
2. ecoinvent may assign or delegate this EULA, in whole or in part, to any person or entity at any
time with or without Licensee’s consent. Licensee may not assign or delegate any rights or
obligations under this EULA without ecoinvent’s prior written consent, and any unauthorized
assignment and any delegation by Licensee shall be null and void.
3. Any general terms and conditions of Licensee are explicitly excluded.
4. This EULA is subject exclusively to Swiss law, without regard to the conflict of law principles.
5. Disagreements regarding the interpretation of this EULA 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 EULA
shall be brought exclusively before the competent court of the city of Zurich.

Zurich, 26 November 2015

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND
THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING OR
INSTALLING OR USING THE ECOINVENT DATABASE AND/OR DATASET, AND/OR BY TICKING THE
EULA ACCEPTANCE BOX, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND
CONDITIONS AND GRANT TO LICENSER THE RIGHTS SET FORTH HEREIN.

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