General terms
Article 1
The meaning of the terms used in this user agreement is as follows:
SDI-Flanders testbed: A dynamic test portal, set up by the FGIA in view of the development of the Spatial Data Infrastructure (SDI) for Flanders. This portal addresses developers of applications and "Geodata Infrastructure (GI)" experts, who want to get to know and try out the web services, geographical services and applications offered by the FGIA. The testbed will be fed by specific projects, realised by the FGIA for the setting up of an INSPIRE conforming SDI, complemented by typical implementations of standards and/or norms for Flanders.
User: the person using and testing the SDI-Flanders testbed.
This agreement comes into force as from 08/06/2009.
Purpose
Article 2
The purpose of this user agreement is to indicate the terms and conditions applicable in order to have access to the SDI-Flanders testbed, and to give access to the data available through the testbed. The user of the SDI-Flanders testbed accepts the terms of the user agreement the first time he uses it.
Article 3
The purpose of the SDI-Flanders testbed is “to contribute in an active way to the technical development of the SDI-Flanders”.
This is realised by:
- giving access to services and applications in their test phase;
- offering developers the possibility to try out existing and future SDI services;
- allowing developers and GI experts to become acquainted with standardised web services (W3C, Oasis, ISO TC211, etc.);
- informing the GI community in Flanders about the existence of standardised web services and geographical services, and what the SDI-infrastructure will offer;
- getting acquainted with the SDI and INSPIRE technology;
- giving information to the FGIA about the user requirements;
- creating a technical discussion platform and a technical think tank for solutions for the SDI;
- guaranteeing interaction between the technicians of the FGIA and the GI community in Flanders;
- creating an input for the common GIS Flanders profiles for WMS, WFS, WCS, metadata of services, etc.
Article 4
The SDI-Flanders testbed gives a survey of possible solutions for the SDI by means of projects with services and applications. The FGIA provides the necessary information, manuals, example code, web links, etc., for each of these projects. The developers of the FGIA will publish blog messages for each project, in order to help users with the implementation of services. The users can react to these messages, in order to share their experiences and findings. In this way, the FGIA wishes to set up a technical SDI communication platform to support the development of the SDI network in Flanders.
Article 5
The FGIA reserves the right to modify this user agreement at any time.
The users of the SDI-Flanders testbed will be given notice of the modified user agreement; the latter comes automatically into effect thirty days after this notification. When no written or registered termination has been made within ten calendar days following the notification, the user is considered to have accepted the modifications.
Terms of use for data put at your disposal
Article 6
The use of data put at your disposal by the SDI-Flanders testbed is restricted to the use of it for testing purposes of the services and/or applications of the testbed. Only the user, exclusively, may make use of the data.
Article 7
The user is not permitted to use the data, put at his disposal through the SDI-Flanders testbed, in production systems. The user is not allowed to develop commercial services and products (including advertising) with the data.
Article 8
The data put at the user’s disposal through the SDI-Flanders testbed, may not be multiplied, published and/or disclosed in any possible way.
Article 9
The data put at your disposal through the SDI-Flanders testbed, may not be linked to personal or fiscal data from other databanks, causing possible infringement of the right of privacy. If need be, the data should be treated according to the stipulations of the law of 8 December 1992 for the protection of privacy with regard to the treatment of personal data.
Article 10
If these user conditions are not respected by the user, the FGIA is allowed to terminate the use of the test services and test applications.
Article 11
The FGIA cannot be held responsible by the user for the data put at disposal through the SDI-Flanders testbed. The data put at his disposal is neither up to date nor correct, either in its form or content.
Terms for access to the SDI-Flanders testbed
Article 12
Access to the SDI-Flanders testbed is free of charge and valid as long as the testbed is open to be tested by the users.
Article 13
The use of the testbed is restricted to testing the services and applications put at the user’s disposal.
Article 14
The use of the services or applications of the SDI-Flanders testbed in production systems is not allowed. All use is at your own risk. The user is not allowed to develop commercial services or products (including advertising) with the SDI-Flanders testbed.
Article 15
The use of the complete SDI-Flanders is logged by the FGIA.
Article 16
Everyone has free access to the communication platform (blog) of the SDI-Flanders testbed. This is the best way to enlarge the GI community.
The FGIA reserves the right to eliminate messages on the blog if they act counter to any legal prescription, if a complaint is lodged and has been declared admissible, or if the FGIA decides that the message runs counter to the basic principles or goals of the SDI-Flanders testbed: “To contribute in an active way to the technical development of the SDI-Flanders”.
Article 17
In order to get access to the test services and test applications of the SDI-Flanders testbed, registration as an FGIA contact (http://login.agiv.be) and application to enrol for the test service or test application is compulsory.
The registration data of the user is treated according to the stipulations of the law of 8 December 1992 concerning the protection of privacy with regard to the treatment of personal data.
The access code you receive upon registration is personal and strictly confidential. The user is responsible for the use of the code and for keeping the confidentiality of it, and commits himself not to disclose this code to third parties.
However, the access to certain test services and test applications is restricted. The description of the projects concerned mentions which users will have access to the test service or test application.
The request for access is evaluated by the FGIA. The FGIA can decide independently to refuse or close down the access to the test services and/or test applications.
Article 18
The FGIA is entitled to close down the access of a user to the test services and/or test applications, temporarily or permanently, without justification or warning beforehand. This is done if the user executes certain actions which interfere with the functioning of the test services or test applications, if he uses the testbed in a way countering the spirit of it or if the user makes improper use of his access code, of the data and/or of the information put at his disposal or communicated to him.
Supply of services
Article 19
The FGIA watches over the quality of the SDI-Flanders testbed, for contents as well as for user-friendliness.
Article 20
There is no strict guarantee that the testbed is available. The service can be interrupted temporarily for maintenance operations of any kind. However, the FGIA commits itself to keeping the system available within its technical and functional possibilities, as long as the testbed is open for testing.
Because we are dealing with a test environment, there is no guarantee of the services/applications being available, or the possible modification of the services/applications.
Article 21
The FGIA is not responsible and cannot be held liable for possible problems, conflicts, direct or indirect damage resulting from the use of the testbed, the services, the applications, the documentation and/or the information put at the disposal or communicated to the user.
The FGIA is not liable for the consequences of interruptions or failures in the supply of services.
Article 22
For any question concerning access to the SDI-Flanders testbed email info.services@AGIV.be.
Intellectual property
Article 23
The SDI-Flanders testbed is the property of the FGIA, and the FGIA enjoys the intellectual rights of it.
Application of the terms for access and use
Article 24
The terms for access and use are applicable for each use of the SDI-Flanders testbed or of the data put at the user’s disposal through the testbed.
Article 25
The terms for use can be consulted at any time the data of the SDI-Flanders testbed is used.
Article 26
The nullity of one or more stipulations of the terms for access and use has no influence whatsoever on the validity, the range and the mandatory character of the other stipulations.
Article 27
The stipulations of these general terms are valid, without prejudice to the applicable legal or statutory mandatory terms or the terms of the public order.
Applicable standards and competent authorities
Article 28
This user agreement is subject to the Belgian law. In case of dispute, only the Court of Justice of Ghent is competent.
Article 29
This document is a translation of the original Dutch user agreement as a part of the original “terms of use” of the SDI-Flanders testbed. In case of any uncertainty on this translation the original agreement in Dutch will prevail.