Article 1 Definitions
User: the legal entity that has concluded an agreement with the Organisation and has received a Licence;
Login Details: the user name and password with which the User can access the Website;
Intellectual Property Rights: all rights of intellectual property and associated rights such as copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as all rights to know-how;
Licence Agreement: the agreement between the User and the Organisation for the use of the Website;
Organisation: Good! BV, a private limited company, with its registered office in Heerhugowaard, the Netherlands, and its business address at Stationsplein 99, unit 176 in (1703 WE) Heerhugowaard listed with the Chamber of Commerce under file no. 33302843;
Report: the Solar Trend Report Full Access with information about the Dutch solar energy sector, including the text and visual elements of the Report or digital dashboard(s), all in digital form and as hard copy;
Solar Data Service: the Solar Data Service with information on the Dutch solar energy sector for data suppliers;
Website: the website developed by Good! BV: Dutch New Energy Research (DNER), (mobile) Website and underlying technology, specifically the paid login module by which the User can read, inter alia, the Report and the dashboards;
Article 2 General
2.2 The Licence Agreement is formed after either the contract has been signed or the licensee was granted free access to the dashboard.
2.3 The Organisation may refuse requests for a Licence Agreement without stating reasons.
2.4 Any general purchasing or other conditions of the User do not apply to the use of the Website or to any relationship with the Organisation.
Article 3 The Website
3.1 The User can read the Report and has access to the dashboards by means of the Login Details that the Organisation makes available to Users.
3.2 The Organisation uses its best endeavours to make the Website available with due care and in a professional manner. The Organisation may at all times, without prior notification and without in any way becoming liable or liable for compensation to the User, change the contents of the Website and/or terminate (fully or in part) the Website or restrict access to the Website. The Organisation may also, without prior notification, carry out maintenance work on the Website as a result of which the Website may not be fully available.
3.3 The User accepts that the Website merely contains the functionalities, content and other features as available at the time of use (“as is”). The Organisation hereby specifically excludes express and tacit indemnities, promises and warranties of whatever nature.
3.4 The data presented in the Report and on the Website have been compiled with the greatest care, using professional methodologies and taking account of the relevant legislation with a view to presenting research results as meticulously as possible. The data in this product are based on interviews and questionnaires carried out by means of standard statistical methods. As such the research is subject to a certain statistical margin of error and is solely based on the facts that were available at the time of the research. In view of the foregoing, no guarantee can be given as to the precise and complete nature of the studies and the data available in those studies.
In any case, but not exhaustively, the Organisation does not give any indemnities, promises and warranties:
- that the Website (i) will operate without interruptions, (ii) will be free of virusses, Trojan horses and other contingencies caused by third parties, (iii) will be free of errors and/or defects in the design, construction, management and/or related aspects regarding said operation of the Website, and/or (iv) that any defects to the Website will be remedied;
The Organisation does not accept liability for the above.
3.5 The User is responsible for the procurement and/or proper functioning and security of the hardware and appropriate telecom facilities (including internet connection with one IP address) that are necessary to be able to use the Website.
3.6 The User is fully responsible and liable for all acts that it or a third party (or third parties) authorised by it performs by means of the Website.
3.7 The listed publication dates for the Solar Trend Report Full Access are indicative.
4.1. The User is responsible for keeping the Login Details confidential. As soon as the User knows or has reason to suspect that its Login Details have become available to unauthorised persons or parties, the User must immediately inform the Organisation of this, without prejudice to the User’s own responsibility to take immediate and effective action, for instance by changing its Login Details.
4.2. The User accepts and acknowledges that the User is at all times responsible and liable for the use of the Website by third parties via the User’s Login Details. The User will hold the Organisation harmless for all damage and costs arising from and/or relating to the use of the Website by third parties via the User’s Login Details.
Article 5 Intellectual Property Rights and Licence
5.3. The License is not accessible to user (s) other than Users working for the User whose name appears on the License Agreement. Subsidiaries, parent company or other trade names have no access to the License. The Licence is always linked to a maximum of six users and two IP addresses per user, in order to avoid misuse of the Licence. The single-user may use the Licence on one IP address. The multi-user may release users and more IP addresses. The number of IP addresses is always released in consultation and will be restricted to locations pertaining to and used by the User that likewise make use of the User’s specific trade name.
5.4. The Licence is restricted to the country in which the User has its main establishment. The use of the Licence in other countries is permitted solely in consultation with and subject to the approval of the Organisation.
5.6. If the Organisation suspects an IP violation, it will in all cases give instructions to a lawyer. (The maximum statutory fine for IP violation is € 83,000 (end of 2020). Some offenses are even regarded as a crime and the Public Prosecution Service has the possibility to proceed to criminal prosecution in case of an intentional offense. The judge can impose a prison sentence of no more than four years. The investigative service for infringement of copyrights falls under the FIOD-ECD.)
5.7. Insights from the report or dashboards can only be shared by the licensee internally. Sharing insights from the report or dashboards externally can only be done once DNER agrees, and with a proper reference to DNER.