This Agreement is between any individual or entity (“You”) exercising rights under this Creative Commons Public License (“License”) and the United Nations Educational, Scientific and Cultural Organization (“UNESCO”), which administers the WINS Platform as well as all information contained on the home page https://ihp-wins.unesco.org/ (the “Platform” or « WINS »). UNESCO is also the Licensor (as defined below) holding copyrights and other rights in the Work (as defined below) contained on WINS. You and UNESCO are referred to in this Agreement collectively as the “Parties”.
By using WINS or exercising any rights to the Work provided by WINS, You accept and agree to be bound by the following terms and conditions. UNESCO grants You the rights contained here in consideration for your acceptance and agreement to the following terms and conditions.
If You are a Contributor to WINS (according to the definition below), You hereby agree that UNESCO holds copyrights and other rights to the Work provided by WINS, and grants rights to the users of WINS as described in this Agreement, including for the content that you upload.
Section I - Goals
WINS is an open access web-based platform, launched by the International Hydrological Programme (“IHP”) of UNESCO in January 2017. Designed to be continuously updated, this platform aims to become a global reference for water-related decision makers and stakeholders on the water cycle.
Section II- Definitions
a. “Platform” or “WINS” is an open access web-based platform launched by the International Hydrological Programme (“IHP”) of UNESCO in January 2017. It consists of three main components providing:
1) Geographical Information System (“GIS”) data on the state of water resources at global, regional, national and local level, allowing users to visualize and generate maps,
2) A platform for inter-disciplinary collaboration and knowledge sharing among water-related stakeholders (e.g. databases, reports, graphs, tables, videos, webinars, …), and
3) A platform to be used by water-related stakeholders for building social networks and social relations (i.e. discussion groups).
b. "Work" in this Agreement refers to the literary and/or artistic work eligible for copyright protection, whatever may be the mode or form of its expression including digital form, provided by the WINS Platform and offered under the terms of this Agreement. In this Agreement, the “Work” does not include the WINS project itself, for which no license is granted hereby.
c. "Licensor" means the entity that offers the Work under the terms of this Agreement. In this Agreement, the Licensor of the Work refers to UNESCO.
d. "You" means an individual or entity exercising rights under this Agreement.
e. “Administrators” means the persons in charge of managing and up keeping the WINS Platform. In this Agreement, Administrators refer to those persons who are authorized by UNESCO to manage and upkeep the WINS Platform.
f. “Contributors” means the individuals or entities exercising rights under this Agreement and expressly authorized by Administrators to upload content to the WINS Platform.
g. "License Elements" means the following high-level license attributes as selected by the Licensor: Attribution, Noncommercial, ShareAlike.
h. "Reproduce" means to make a copy of the Work in any manner or form, and by any means.
i. "Distribute" means the activity of making publicly available the Work or Adaptation (or copies of the Work or Adaptation), as applicable, by sale, rental, public lending or any other known form of transfer of ownership or possession of the Work or copy of the Work.
j. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
k. "Adaptation" means a work derived from or based upon the Work, or upon the Work and other pre-existing works. Adaptations may include works such as translations, derivative works, or any alterations and arrangements of any kind involving the Work. For the avoidance of doubt, including the Work in a Collection is not an Adaptation.
l. "Collection" means a collection of literary or artistic works or other works or subject matter other than works listed in Section II.(a) which by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. For the avoidance of doubt, a Collection will not be considered as an Adaptation.
Section III- License Terms
1. Scope of this License. Nothing in this Agreement is intended to reduce, limit, or restrict any uses free from copyright protection.
2. License Grant. Subject to the terms and conditions of this Agreement, UNESCO hereby grants You a worldwide, royalty-free, non-exclusive License to exercise the rights in the Work as follows:
a. to Reproduce, Distribute and Publicly Perform the Work, to incorporate the Work into one or more Collections, and to Reproduce, Distribute and Publicly Perform the Work as incorporated in the Collections; and,
b. to create, Reproduce, Distribute and Publicly Perform Adaptations, provided that You clearly label, demarcate or otherwise identify that changes were made to the original Work.
This License lasts for the duration of the term of the copyright in the Work licensed by UNESCO. The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by UNESCO are hereby reserved, including but not limited to the rights set forth in Section III. 3(e).
3. Restrictions. The License granted in Section III.2 above is expressly made subject to and limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under the terms of this Agreement. You must include a copy of, or the Uniform Resource Identifier (URI) for, this Agreement with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this Agreement or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the Agreement. You may not sublicense the Work (see Section VIII(a)). You must keep intact all notices that refer to this Agreement and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the Agreement. This Section III.3(a) aplies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this Agreement. If You create a Collection, upon notice from a Licensor You must, to the extent practicable, remove from the Collection any credit (inclusive of any logo, trademark, official mark or official emblem) as required by Section III.3(d), as requested. If You create an Adaptation, upon notice from a Licensor You must, to the extent practicable, remove from the Adaptation any credit (inclusive of any logo, trademark, official mark or official emblem) as required by Section III. 3(d), as requested.
b. You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this Agreement; (ii) a later version of this Agreement with the same License Elements; or (iii) either the unported Creative Commons license or a ported Creative Commons license (either this or a later license version) containing the same License Elements (the “Applicable License”). (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform. (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License. (III) You must keep intact all notices that refer to this Agreement and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform. (IV) When You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section III.3(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
c. You may not exercise any of the rights granted to You in Section III.2 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be primarily intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
d. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section III. 3(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) any attributions that the Licensor indicates be associated with the Work as indicated in a copyright notice, (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section III.2(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation. The credit required by this Section III.2(d) may be implemented in any reasonable manner; provided, however, that in the case of an Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributors to the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this Agreement, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Licensor or others designated for attribution, of You or Your use of the Work, without the separate, express prior written permission of the Licensor or such others.
e. Except as otherwise agreed in writing by the Licensor, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the honor or reputation of the Licensor where moral rights apply.
Section IV- Representations, Warranties and Disclaimer
1. The Licensor offers the Work “as is” and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence of errors, whether or not discoverable.
2. The use of the Platform and all information contained therein is done at Your own discretion and risk and with your agreement that You will be solely responsible for any damage to Your computer system, loss of data, or other harm that results from such activities or the use of the Platform and the information contained therein. UNESCO assumes no liability for any computer virus or other similar software code that is downloaded to Your computer from the Platform or in connection therewith.
3. The ideas, opinions and data expressed on the WINS Platform are those of the quoted authors or of the Contributors uploading them to WINS and are not necessarily those of UNESCO and do not commit UNESCO. The designations employed and the presentation of material on the WINS Platform do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities or concerning the delimitation of its frontiers or boundaries.
4.The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by UNESCO in preference to others of a similar nature that are not mentioned.
Section V- Liability
1. Administrators have the right but no duty to pre-screen, refuse, edit, move or remove any content of WINS.
2. In no event shall UNESCO, its officials, agents and employees be liable to a You or any third party for any special, punitive, incidental, indirect or consequential or exemplary damages or losses of any kind, or any damages or losses whatsoever, whether or not foreseeable and even if UNESCO has been advised of the possibility of such damages or losses, on the basis of any legal theory, including breach of contract or warranty, negligence or other tortious action, arising out of or in connection with:
(a) the access or use of or the inability to access or use the Platform;
(b) the statements or actions of any third party on or via the Platform;
(c) any unauthorized access to or alteration of the Platform;
(d) any information that is sent or received or not sent or received;
(e) any failure to store or loss of data or other content;
(f) any services available that are delayed or interrupted;
(g) any website referenced or linked to from this Platform; or
(h) Your access to or use of or inability to access or use any linked site.
3. Contributors are solely responsible for the quality of the content they upload to WINS.
4. If You are a Contributor that is not a UNESCO Member State or an IHP National Committee, You hereby agree to consult and obtain the approval of the IHP National Committee of Your country for each content You upload to WINS.
Section VI- Indemnification
1. You will indemnify, hold and save harmless and defend, at Your own expense, UNESCO and its officials, agents and employees, from and against all suits, claims, demands and liability of any nature or kind, including their costs and expenses, arising out of any and all use of this Platform, including:
(a) Information that You may access or use from the Platform, including your reliance on the accuracy, completeness or usefulness of the Information;
(b) Your access to or use of the Platform;
(c) Your connection to the Platform;
(d) Your violation of this Agreement; and
(e) Your infringement of any third party’s copyright, trademark, or other proprietary rights, violation of privacy rights or publicity rights and libel.
2. If You are a Contributor, You agree to indemnify, hold and save harmless and defend, at Your own expense, UNESCO and its officials, agents and employees, from and against all suits, claims, demands and liability of any nature or kind, including their costs and expenses, related to or arising out of the content You uploaded to WINS.
Section VII- Termination
a. Subject to the terms and conditions set forth in this Agreement, the License granted here lasts for the duration of the term of the copyright in the Work licensed by the Licensor as stated in Section III.2. Notwithstanding the above, the Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this Agreement (or any other license that has been, or is required to be, granted under the terms of this Agreement), and this Agreement will continue in full force and effect unless terminated as stated below.
b. If You fail to comply with this Agreement, then this Agreement and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this Agreement. Individuals or entities who have received Adaptations or Collections from You under this Agreement, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections II, III.1, IV, V, VII, and VIII will survive any termination of this Agreement. Notwithstanding the foregoing, this Agreement reinstates automatically as of the date the violation is cured, provided it is cured within 30 days of You discovering the violation, or upon express reinstatement by the Licensor. For the avoidance of doubt, this Section VII (b) does not affect any rights the Licensor may have to seek remedies for violations of this Agreement by You.
Section VIII - Miscellaneous
a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the License granted to You under this Agreement.
b. Each time You Distribute or Publicly Perform an Adaptation, the Licensor offers to the recipient a License to the original Work on the same terms and conditions as the License granted to You under this Agreement.
c. If any provision of this Agreement is invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this Agreement shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the Licensor.
e. This Agreement constitutes the entire agreement between You and the the Licensor with respect to the Work licensed and service provided here. There are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication from You. This Agreement may not be modified without the mutual written agreement of UNESCO and You.
f. The rights granted under, and the subject matter referenced, in this Agreement were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). Interpretation of the scope of the rights granted by the Licensor and the conditions imposed on You under this Agreement, this Agreement, and the rights and conditions set forth herein shall be made with reference to copyright as determined in accordance with general principles of international law, including the above mentioned conventions.
g. Nothing in this Agreement constitutes or may be interpreted as a limitation upon or waiver of any privileges and immunities that may apply to the Licensor or You, including immunity from the legal processes of any jurisdiction, national court or other authority.
h. The Parties shall use their best efforts to amicably settle any dispute, controversy, or claim arising under this Agreement. Where the Parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the United Nations Commission on International Trade Law (“UNCITRAL”), or according to such other procedure as may be agreed between the Parties in writing.
i. Any dispute, controversy or claim that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s written request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The language of the proceedings shall be English unless otherwise agreed. The arbitral tribunal shall have no authority to award punitive damages. The arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.
Interpretation of this Agreement in any dispute submitted to arbitration shall be as set forth in Section VIII (f), above.
j. Section headings within this Agreement are for convenience only.