1. Introduction

The National Access Point (NAP) is intended to be used for providing metadata about available road safety-related universal traffic information. The NAP is hosted by AustriaTech as “administrator”.

2. Use

The NAP can be used by registered users and the public. Public users are only able to read and download metadata and information, which are provided by the respective registered user. The full functionalities of the NAP are only available for registered users. Registered users are able to provide metadata about traffic information and other information. The use of the NAP is free of charge for non-profit and commercial purposes. All users are obligated to use the NAP in compliance with these terms and conditions, any applicable law, regulation or generally accepted practices or guidelines at its users’ own risk. Registered users are not authorized to share the username and password with other persons.

3. Rights and Responsibilities

The user acknowledges and agrees to be solely responsible for any breach of obligations under these terms and provisions and for the consequences of any such breach. The user shall indemnify and hold the administrator harmless from and against any claims or damages (whether direct, indirect, incidental, consequential, punitive or damages for loss of profit, business interruption, loss of programmes or other data), including where a third party brings a claim. The administrator shall have the right at any time to amend these terms and conditions or to impose, as necessary, other terms of use or requirements not provided herein, in particular, the user shall be obliged to comply and adhere to any further copyright, data protection laws and proprietary notices. The user agrees not to engage in any activity that interferes with or disrupts the NAP or the stored information or metadata as its content.

4. Intellectual property and Disclosure

The user acknowledges and agrees that all legal rights, title and interest, including intellectual property rights regarding the NAP database itself at all times shall be and remain with the administrator of the NAP. The user undertakes to refrain from doing anything that might endanger, jeopardize or infringe the ownership or any other intellectual property rights or obligations of Non-Disclosure associated to the NAP as database.
If registered users provide information and metadata via NAP, they acknowledge and agree that they grant a non-exclusive, persistent, sub licensable and geographically unlimited right of use for commercial and non-commercial purposes to other users of the NAP. Registered users also notice, that AustriaTech has to fulfil the European Commission’s reporting requirements and accept that AustriaTech has to report all content of the NAP particularly all the provided information and metadata to the European Commission.

5. Exclusion of warranties

The administrator disclaims all warranties and liabilities, either express or implied, relating to the availability, continuance, quality, completeness, accuracy, fitness for purpose or achievement of a particular result or non-infringement with respect to the NAP and its information and data that are contained therein. No advice or information, obtained by the user from the administrator shall create any warranty. The user explicitly acknowledges that the NAP and the information and data as its content may contain misprints, mistakes or inconsistences and that the administrator shall not be held liable for any of such errors or faults. In particular, the administrator does not provide any warranty with regard to the intellectual property rights related to the NAP and its content.

Any content of the NAP is provided on the basis that such content is verified by the user prior to the use and that the user will be solely responsible for any damage that results therefrom. All content and services are provided ‘”as is” and “as available”.

6. Limitation of liability

The user expressly understands and explicitly agrees to use the stored information and data at its sole risk and liability. The administrator explicitly excludes its liability to the fullest extent permitted by law. In particular, the administrator isn’t liable for any damages in connection with or related to the use or failure to use, modification, availability (including any permanent or temporary cessation), accuracy, completeness and the quality related to the NAP or the stored information and data. Also the administrator is not liable for any violation of intellectual property rights or for breaches of Non-Disclosure obligations.

7. Revision of the NAP

The NAP can be constantly amended, and, can be consequently, subject to revision from time to time. The administrator reserves the right, at its own discretion, to amend and modify the NAP at any time without any prior notice. The user acknowledges and agrees that the form and nature of services provided with respect to the NAP may change from time to time without prior notice.

8. Termination

The user agrees to remain bound by the terms and conditions for as long as the user remains using the NAP and the provided information and data are content of the NAP. The user acknowledges and agrees that the administrator may stop at any time (permanently or temporarily) providing or prevent the user from accessing the NAP and its content and services related thereto at the administrators sole discretion, without prior notice. The administrator explicitly reserves the right, at its own discretion, to discontinue, limit, suspend or to terminate the use of the NAP and its content at any time without prior notice. In such cases the content of the concerned user will be deleted by the administrator. In cases where users decide to leave the NAP, their information and data will remain on the NAP, until they to fill in and transmit the form “request for deletion” provided by the NAP.

9. Governing law and jurisdiction

These terms and conditions shall be interpreted and governed according to the Austrian laws with exclusion of the UN-Convention on the International Sale of Goods (CISG) and without regard to its conflict of law provisions. The Vienna Commercial Court shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions.

In order to use the NAP as registered user with its full functionalities, it’s necessary to register and to accept to comply and adhere to these terms and conditions by marking the checkbox. The NAP consortium will decide on the admission of new users.