Conditions of use for geodata – free geoservice licence

1. Preamble

This agreement under public law in accordance with Article 12, paragraph 1b of the Swiss Federal Act of 5 October 2007 on Geoinformation (hereinafter referred to as Geoinformation Act) regulates access to, and use of, the federal geodata database.

By accepting this agreement, the licensee acknowledges all contractual provisions – in particular the scope of the licence and the contractual obligations – as well the applicability of Swiss federal legislation governing geoinformation.

By accepting this agreement, the licensee also acknowledges the sole right of the licensor to regulate access to, and use of, the federal geodata database. The attention of the licensee is herewith drawn to the fact that geodata may be protected under copyright law. The licensee thus acknowledges the exclusive right of the licensor to determine the use of the data.

2. Licence types

This agreement covers the following licence types: Free geoservice licence

3. Scope of application

The licence granted only covers geodata from the Federal Topographical Office integrated into the geoservice mentioned on the cover sheet or in the online order, in accordance with Appendix 1 of the Ordinance of 21 May 2008 on geo-information (hereinafter referred to as Geoinformation Ordinance).

4. Access

The licence grants the licensee the right to access the geodata cited in section 3 via a geoservice. The operation of the geoservice is guaranteed by the licensor according to the document “General conditions for the use of the swisstopo geoservices” of 01.04.2011. This document is an integral part of this agreement.

 

This right of access is issued according to the directions given on the cover sheet or in the online order:

  1. at an IP address provided by the licensee
  2. at a URL address provided by the licensee
  3. or by the setting up of a user account (user name / password)

This right of access is granted for the whole period covered by the agreement.

Any attempt on the part of the licensee to procure federal geodata beyond the scope permitted by the granted licence is deemed an unlawful act.

5. Use of licence

The licence grants the licensee the right to use the federal geodata cited in section 3 via a geoservice (for all the uses stated) as follows:

Internal use

  1. Private use in businesses, public administration bodies, institutions, commissions and similar organisations, for internal information or documentation
  2. Use for educational purposes as member of teaching staff or tutor in classrooms or at courses

Commercial use

  1. publication of the data on the Internet in the form of a consultation service
  2. use of the data for carrying out externally commissioned research

Other uses

  1. Uses without permission in accordance with Article 5 of the swisstopo Ordinance on Fees and Charges

Any use by the licensee that extends beyond the specified scope is deemed an unlawful act. For any other uses whatsoever, the licensee is required to obtain the consent of the licensor.

6. Fees, ownership

The licensee has free use of the geoservice up to the maximum usage level stated on the cover sheet or in the online order. The maximum usage level corresponds to a credit in megapixels available during a one year period.

The licensor counts the actual number of megapixels sent by its servers to the licensee. The licensor informs the licensee when 90% of his credit has been used up. 

If the amount of credit is exceeded, access to the geoservice is suspended until the start of the next period. To be sure of access to the geoservice, the licensee can obtain a geoservice licence at any time by making a payment.

7. Delivery, transfer of data

Delivery of products and data media is carried out at the risk and cost of the licensee. Upon hand-over of the products and data media, the risk of failure or deterioration of the product concerned is transferred in full to the licensee. The licensee is obliged to check the completeness of deliveries of products and data media immediately upon receipt. The licensee must notify the licensor in writing or by e-mail about any incorrect, incomplete or damaged consignments or other apparent shortcomings within five days after receipt. The licensee is responsible for providing evidence of notification within the specified period. Data transfer is carried out via the means specified by the licensee. The licensor is solely liable for supplying the data in faultless condition. The risk relating to faulty data transmission and thus any resulting damage to the data is borne solely by the licensee. The licensee also bears the risk associated with errors in using the geodata service and for the loss of access data (e.g. password). Upon completion of the download, the risk of failure or deterioration of the product concerned is transferred in full to the licensee. The licensee is obliged to check the completeness and functionality of the received data sets immediately after download. The licensee must notify the licensor in writing or by e-mail about any problems relating to access or download, any apparent shortcomings concerning the data sets, or any other apparent shortcomings within five days after receipt. The licensee is responsible for providing evidence of notification within the specified period.

The licensee is obliged to notify the licensor in writing or by e-mail about any shortcomings that were not immediately detected, as soon as he or she identifies them, though by not later than one year after signature of the agreement. The licensee is responsible for providing evidence of notification within the specified period.

8. Obligations on the part of the licensee

The following obligations apply to the licensee:

  1. to access federal geodata solely via the geoservice. The licensee may not undertake any storage, downloading, archiving or simple copying of the geodata whatever the digital media.
  2. to attach a clearly visible acknowledgment of the source whenever the federal data are published or transmitted (in so far as this is permitted), using this form: “Source: Federal Topographical Office (agreement no.)” (art. 30 OGéo).
  3. in the event of publication, to take whatever technical measures are necessary to ensure that the visualisation service does not allow inordinate amounts of downloading and permanent storing of the geodata whatever the digital media. Automatic and temporary saving (cache), however, is authorised.
  4. in the event of publication, not to exceed 2 million pixels per print run (A4 / 150 dpi) for the quantity of geodata used when printing via the visualisation service.
  5. in the event of publication, to inform the end users of the applications that the geodata may only be used for personal requirements and that, under no circumstances, may the geodata be passed on to a third party, modified or unmodified.
  6. To comply with all data protection provisions (Article 29, paragraph 1, Geoinformation Ordinance);
  7. Whenever requested, to provide the licensor and the Federal Data Protection and Information Commissioner with information concerning measures taken to ensure compliance with all data protection provisions (Article 29, paragraph 2, Geoinformation Ordinance);

The licensee shall be liable towards the licensor and third parties for damages that may arise as the result of the licensee’s failure to meet his or her contractual obligations or comply with the provisions of the legislation governing geoinformation.

9. Duration

This agreement is valid for a period of one year. The agreement is automatically extended for another one year period unless cancelled. When the maximum intensity of use set out on the cover sheet or in the online order is exceeded, access to the geoservice is suspended until the start of the next period. To be sure of access to the geoservice, the licensee can obtain a geoservice licence at any time by making a payment.

10. Conclusion and validity of the agreement

The agreement between the licensor and licensee enters into effect upon its signature by both contractual parties, its acceptance by the licensee in electronic form, written confirmation by the licensor or fulfillment of the agreement by the licensor. In the case of subscriptions, an agreement may only enter into effect after it has been signed by both contractual parties. 

In the event that any provision of this agreement should be or become ineffective, this shall not affect the validity of the agreement as a whole. The ineffective provision should then be interpreted in a manner that permits the accomplishment of the originally intended purpose as far as possible.

11. Termination

The licensee may not terminate the agreement prior to the expiry of the specified duration. Subscriptions may be terminated by the licensee upon observation of a period of notice of one month prior to the expiry date. The licensee must notify the licensor in writing, and is responsible for providing evidence of notification within the specified period.

In the event of breach of contract or unlawful behaviour on the part of the licensee, the licensor may terminate the agreement with immediate effect. In this case, the licensee shall not be entitled to a refund of any fees that may have already been paid.

12. Applicable law, place of jurisdiction

This agreement shall be subject to Swiss law. It is in the form of a public law agreement as defined in Article 12, paragraph 1b of the Geoinformation Act, and is therefore subject to federal administrative law, and in particular to the provisions of federal law governing geoinformation and fees. Insofar as federal administrative law does not contain applicable clauses, the corresponding provisions of the Swiss Code of Obligations shall apply, especially those governing general contractual law.

 

Place of jurisdiction is Bern, Switzerland.

 

Version dated 1 April 2011

Special conditions of use for digital aeronautical maps

Aeronautical maps, the ICAO 1:500,000 map and the Swiss 1:300,000 gliding map together with its additional maps, are produced in collaboration with skyguide under a mandate from the Federal Civil Aviation Office.

The data have no legal status. Only the current printed publications have legal status.

Whenever the data are displayed or reproduced, the licensee is required to bring this restriction to the attention of users and to show the date of publication of aeronautical information. This obligation also applies when only extracts are displayed or printed.


free geoservice licence
Federal Office of Topography swisstopo Seftigenstrasse 264
P.O. Box
3084 Wabern
Tel.
+41 58 469 01 11

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Federal Office of Topography swisstopo

Seftigenstrasse 264
P.O. Box
3084 Wabern

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