1.1 You are encouraged to use and re-use the data that is available under this licence, freely and flexibly, with only a few conditions.
1.2 These licence terms govern access to and use of the following data (the "PanGeo Data") which is available for download via the PanGeo website at www.pangeoproject.eu (the "PanGeo Website"):
1.2.1 PanGeo Geohazard Maps (known as Ground Stability Layer);
1.2.2 PanGeo Geohazard Reports (known as Geohazard Descriptions); and
1.2.3 data and maps from the European Environment Agency (the Urban Atlas).
1.3 The licence terms contain the terms of a contract between the end user that accesses and uses the PanGeo Data (referred to as "you" and "your" in these licence terms) and the relevant licensor or licensors (referred to as the "licensors") of those parts of the PanGeo Data. Details of the licensors can be found on the PanGeo Website.
1.4 By accessing, downloading and/or otherwise using the PanGeo Data, you accept and agree to be bound by the terms of this licence.
2.1 The licensors hereby grant you a non-exclusive, perpetual, worldwide, irrevocable, royalty-free licence to enable you to make the fullest lawful use of the PanGeo Data including public, private and commercial use.
2.2 You acknowledge and agree that the licensors shall be entitled to withdraw all or part of the PanGeo Data from this licence at any time and any such withdrawal shall be published on PanGeo Website. In the event of such withdrawal, you agree to make no further use of the affected PanGeo Data.
3.1 You must use reasonable endeavours to acknowledge the copyright and source of the PanGeo Data by retaining any existing notices in the PanGeo Data or by including the following attribution statement and legal notice:
"Copyright © 2012. Used and/or reproduced with the permission of the rightsholders who participated in the EC FP7 PanGeo Project (262371) and European Environment Agency. Details of the rightsholders and the terms of the licence to use PanGeo project data can be found at www.pangeoproject.eu."
3.2 Each time you make available to the public the PanGeo Data the licensors offer to the recipient a licence to use the PanGeo Data on the same terms as this licence.
4 DISCLAIMER AND EXCLUSION OF LIABILITY
4.1 Nothing in this licence excludes or limits either party's liability for death or personal injury caused by that party's negligence or wilful default or for any other liability that cannot be excluded by applicable law and the remainder of this section is subject to this provision.
4.2 You acknowledge and agree that the PanGeo Data is made available to you free of charge and the PanGeo Data is provided on the express basis that the PanGeo Data is provided "as is" and the licensors make no representation, warranty, promise or guarantee of any kind concerning the PanGeo Data, whether express or implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. Without prejudice to the generality of the foregoing the licensors make no representation, warranty, promise or guarantee of any kind regarding: title to the PanGeo Data; non-infringement of any third party rights through use of the PanGeo Data; the accuracy or completeness, fitness for purpose of the PanGeo Data; or the absence of latent or other defects or the presence or absence of errors (whether or not discoverable) in the PanGeo Data. It is your responsibility to ensure that the PanGeo Data you use is suitable for the intended purpose.
4.3 The licensors shall not be liable to you for any special, indirect, consequential, punitive or exemplary damages arising out of these licence terms or your use of the PanGeo Data.
4.4 Without limiting the generality of the foregoing, you acknowledge and agree that:
4.4.1 PanGeo data is made up of data from third party sources and the licensors do not warrant the accuracy or completeness of any such data and the licensors do not claim that these represent an exhaustive or comprehensive list of all sources that might be consulted;
4.4.2 PanGeo data provides general and indicative information on geohazards, ground stability and population and the PanGeo data should not be used to indicate the actual state of the land, risks of geohazards, population present in any particular area;
4.4.3 The licensors have not verified PanGeo data against other commercial geo-risk reports or sought professional opinions on risk, not have they performed physical inspections of the sites;
4.4.4 PanGeo data has been designed for general interest purposes and has not been designed for ay Particular use or purpose;
4.4.5 PanGeo data has not been prepared to meet your or anyone else’s individual requirements, and;
4.4.6 Any use made of PanGeo data is at your risk and the licensors shall not be liable for any use or reliance placed on the data by you or any third parties with whom you share the PanGeo data or to whom you provide services using PanGeo data.
5.1 The terms of this licence are provided in English and, in the event of any inconsistency between the English language version of these terms and any translation, the terms of the English language version shall prevail.
5.2 If any provision of this licence is found by either a court or other competent authority to be void, invalid, illegal, or unenforceable, that provision shall be deemed to be deleted from this licence and never to have formed part of the licence and the remaining provisions shall continue in full force and effect.
5.3 This licence constitutes the entire agreement between the parties relating to the supply of PanGeo Data to you by the licensors. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the licensors which is not set out in the licence. Nothing in this section shall limit or exclude any liability for fraud.
5.4 No delay, failure or omission on a licensor's part in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this licence or by law shall be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy, nor shall any single or partial exercise of any such right, power, privilege, claim or remedy preclude the exercise of that or any other right, power, privilege, claim or remedy.
5.5 This licence shall be governed by and construed in accordance with the laws of England and each party irrevocably submits to the exclusive jurisdiction of the English courts.