Terms and Conditions of Use for the Development by Design

Terms and Conditions of Use for the Development by Design - Appalachian LCC Assessment Datasets

1. INTRODUCTION

Access to Development by Design - Appalachian LCC Assessment Datasets and any other content within the LCC Application is provided on the understanding that you read and consent to be bound to the Terms and Conditions set out below. For the purposes of this Agreement, LCC Assessment Datasets comprise all the spatial data and associated attribute data available for download from this applicaton..

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS DO NOT DOWNLOAD. BY DOWNLOADING THESE DATA YOU ACCEPT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS BELOW

2. OWNERS

The Nature Conservancy at its principal corporate address of 4245 North Fairfax Drive, Arlington, Virginia 22203.

3. LICENSE

Owners grant to User a non-exclusive, non-transferable, non-assignable, non-sub-licensable license (the License) to use data for analyses by the User as it may be applicable to the User operations or land. Nothing in this Agreement gives User any right, title or interest in data, other than the License rights granted. The User recognizes and acknowledges ownership of data by the Owner, and agrees not to use, nor directly or indirectly permit the use of, data in any manner not expressly permitted by this License without the prior written consent of the Owner.

4. DISTRIBUTION LIBILITY

The Nature Conservancy makes no warranty, expressed or implied, as to the use or appropriateness of use of any distributed data, nor are there warranties of merchantability or fitness for a particular purpose or use. No representation is made as to the currency, accuracy or completeness of these data or of the data sources on which they were based. The Nature Conservancy shall not be liable for any lost profits or consequential damages, or claims against the User by third parties.

5. ACCESS CONSTRAINTS

The Nature Conservancy reserve all rights of these data provided. All data are provided as is. None of these data are of survey quality. The Nature Conservancy makes no warranty as to the currency, completeness, accuracy or utility of any specific data. This disclaimer applies both to individual use of these data and aggregate use with other data. It is strongly recommended that careful attention be paid to the contents of the metadata file associated with all downloaded data.

6. USE CONSTRAINTS

The Nature Conservancy shall not be held liable for improper or incorrect use of these downloaded described and/or contained herein. The Nature Conservancy, its employees and agents, are indemnified and held harmless from any and all claims, liability, damages, injuries, and suits arising from the use of these data. Any sale, distribution, loan, transfer, assignment, or offering for use of these data, in whole or in part, is prohibited without the prior written approval of the Nature Conservancy. The use of these data to produce other GIS products and services with the intent to sell for a profit is prohibited without the written consent of The Nature Conservancy. All employees and agents of the User receiving these data must be informed of these restrictions. Any reports, maps, or other products derived from the Dataset shall acknowledge The Nature Conservancy as the data contributor by including the following language or citation:

[Insert Data Layer Name] was produced by The Nature Conservancy on [Insert Date Created]. Additional information is available [URL of application]
[Insert Data Layer Name]. 2013. The Nature Conservancy, Arlington, Virginia. Available at [URL of application] (Accessed on [Date Downloaded])

7. NO ENDORSEMENTS

The use of these data do not constitute endorsement by The Nature Conservancy the User, including but not limited to particular projects, publications, or presentations.

8. CHANGES TO THESE TERMS AND CONDITIONS

The Nature Conservancy reserves the right to vary these Terms and Conditions from time to time without notice. Therefore please ensure that you read these Terms and Conditions each time you download data. By downloading any data you signify your acceptance of the most recent version of these Terms and Conditions in full.