Terms and Conditions
Your continued use of ViDA requires agreement of our Terms and Conditions:
- VIDA is software that has been created by iRAP with donations from charitable foundations, governments, development institutions, companies, research centres and individuals worldwide. These donations have been in the form of money, skilled time, background intellectual property and special discounts and gifts of many kinds. All these donations have enabled iRAP to make VIDA a software tool for use worldwide and to help reduce the crashes that cause death and injury on the world's roads.
- iRAP is a charity registered in England and Wales (number 1140357). iRAP was established to support the UN Decade of Action for Road Safety 2011-2020. iRAP's objectives relate to the promotion of safer road use and infrastructure in the public interest and iRAP is regulated by the Charity Commission.
- iRAP holds and administers the rights to use the VIDA software for general benefit. We want you to use VIDA and help make the world's roads safer to use.
- VIDA allows you to access content including mapping and tables of results which have been built from road inspections and assembled from surveys of many kinds. iRAP is indebted to the data holders who have allowed use of their data in VIDA which make this possible whether in governments, authorities, charities, automobile clubs, companies, research institutions, international treaty organisations, trade associations, or regional road assessment programmes including EuroRAP AISBL.
- In order for you to use VIDA, you must agree to the terms and conditions of this licence. This protects the interests of those that have given the content or background copyright material which is contained in VIDA and to keep safe the ongoing development of VIDA and iRAP's programme of charitable work.
- iRAP tries continuously to raise the funds to improve VIDA and pay for the costs of servers and other consumables that are required so that everyone can have access to VIDA either freely or for a donation that does not deter its use. You will not be asked to pay anything for using VIDA if you are a not-for-profit organisation or an authority working on improving roads in a low income country as defined by the World Bank. You may, however, be asked on a “feels fair” basis to make either a donation or a grant if you are i) charging fees for services provided or ii) if you are an authority making significant use of VIDA in a medium or high income country.
NOW THE LICENSEE AGREES:
- By entering into this Licence agreement, and subject to its terms, you agree to be licensed to use the VIDA software and its content for a period of 3 years commencing on the date of this Licence agreement.
- The VIDA software and its content are legally protected by copyright, trademarks, design rights and/or other relevant proprietary rights within the UK, the European Union and other countries, and you agree to abide by these rights and laws. You agree that any copyright notices or restrictions or requirements that are contained in published reports that are linked to the content accessed on VIDA also applies to the associated content carried in VIDA. You agree to reproduce any copyright notices or restrictions or acknowledgements or other requirements that may be required by data holders and/or iRAP in the event that you refer to content carried in VIDA and/or are subsequently permitted to reproduce content following the procedures set out in clause 4.
- Copyrights, trademarks, design rights and all other intellectual property rights created by developing VIDA or in the VIDA content are held by and remains vested in iRAP or in the third parties that have granted iRAP rights to use their content or other intellectual property. You agree that this licence to use VIDA including its associated content grants you no right, title or interest in any intellectual property rights held by such third parties and/or by iRAP.
- You may not reproduce VIDA mapping, results or content outside the VIDA environment without the prior consent of iRAP. iRAP will endeavour to arrange appropriate permissions for you to reproduce such material if, in the sole judgement of iRAP, you have a reasonable request for public interest purposes. Applications can be made by email to firstname.lastname@example.org using the words APPLICATION TO PUBLISH VIDA MATERIAL in the subject heading and stating the name and address of the organisation applying to publish together with a short description of how the material requested might be published and for what purpose.
- You must not use the VIDA software or content for any unlawful or unauthorised purpose or use VIDA by any unlawful means.
- You must not copy or reverse engineer VIDA or its content in any way (in whole or part). You must not incorporate any or all of VIDA in any other device or system. You must not sell, loan, lease, sub-lease, modify or distribute any part of VIDA or its content.
- You will send to iRAP all results or other outputs generated from your use of the VIDA software, and shall permit iRAP to use and/or publish such results and outputs at iRAP's discretion. You will also agree to consider sympathetically any reasonable request from iRAP to help others working for a world free of high risk roads in the public interest.
- While iRAP seeks to provide a reasonable quality of service in making VIDA available to you, such availability is not guaranteed.
- Your use of VIDA for any purpose is entirely at your own risk. iRAP gives no warranty whatsoever about the performance of the VIDA software or the accuracy or completeness of the VIDA content. iRAP, iRAP Members, affiliates, Directors, officers, employees, agents, contractors, donors, contributors and stakeholders (collectively the 'iRAP family') accept no liability whatsoever for any loss or damage caused which may result from your use of or reliance on VIDA, howsoever caused.
- iRAP gives no warranty, implied or otherwise, as to the applicability or suitability of the VIDA content including results presented in any circumstances. You acknowledge that the VIDA content including its results may be inaccurate and/or contain errors and omissions. You therefore agree that neither iRAP nor the iRAP family will have any liability for any such inaccuracies, errors or omissions.
- iRAP may suspend or discontinue all access to VIDA at any time. Without prejudice to any other rights iRAP may then hold, iRAP may terminate this licence agreement with immediate effect in the event that you are in material breach of any of these terms and conditions. Upon termination or suspension of this licence, you will immediately discontinue all use of the VIDA software and its content.
- You agree that this VIDA licence agreement is governed by the laws of England and Wales. You and iRAP agree to submit to the jurisdiction of the Courts located within England and Wales. You agree that the only version of the licence agreement which governs the arrangements between you and iRAP regarding the VIDA software is the current English version.
- If iRAP does not exercise any right or provision in this Agreement then this does not constitute any form of waiver. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid then notwithstanding this finding you and iRAP agree that the court should endeavour to give effect to the intentions both of that provision and the full Agreement.
- You agree, if so requested by iRAP (at iRAP's discretion) in accordance with background paragraph F above, to give sympathetic consideration to the payment of a contribution in the form of a donation or grant requested by iRAP for use of ViDA. If then in the sole opinion of iRAP you do not make a fair and reasonable contribution and:
- you are conducting a commercial business reliant on the use of ViDA or
- you are an authority making significant use of VIDA in a high income country as defined by the World Bank
- Nothing in this Licence agreement creates any form of partnership between the parties hereto, and neither party may purport to act on behalf of or to represent the other.
- This Licence agreement forms a legally binding contract. If you do not accept all of these terms and conditions then you will hold no licence to use VIDA. iRAP reserves the right to amend or update this Licence agreement from time to time, with any such amendments being posted at http://vida.irap.org/terms. You agree to accept any amended or updated terms following such posting by continuing to use VIDA. If you use an updated version of VIDA you accept the iRAP Terms and Conditions which are then current.