ICAC World Cotton Database

Terms and Conditions

These End User Terms of Use (“Terms of Use”) are supplemental to an agreement between Generation 10 Ltd (“G10”) and The International Cotton Advisory Committee, of 1629 – K Street, N.W., Suite 702, Washington D.C. 20006-1636, USA (Client). The agreement between G10 and Client sets out G10’s entire liability and any warranties relating to, or in respect of, the Software. These Terms of Use are only intended to set out the additional terms upon which you, the end user of the Software, are permitted to use the Software in accordance with the agreement between G10 and Client.

By clicking “I agree” you are agreeing to be bound by, and to comply with, these Terms of Use. In any event, by using or accessing the Software you are also agreeing to be bound by, and to comply with, these Terms of Use. If you do not agree to be bound by these Terms of Use, then you must not use or access the Software.

1. Permitted Use

   1. You are only permitted to use the Software for the collection, management and/or analysis of Client’s World cotton statistics
   2. You are not permitted, and must not, use the Software for any other purpose.

2. Prohibited Uses

   1. You acknowledge and agree that you will not access, store, distribute or transmit any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful whilst using the Software.
   2. You acknowledge and agree that you will not use the Software in any way that:
      1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      2. facilitates illegal activity;
      3. depicts sexually explicit images;
      4. promotes unlawful violence;
      5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
      6. in a manner that is otherwise illegal or causes damage or injury to any person or property.
   3. You acknowledge and agree that you have no right to make, or authorise the making of, any copies of the Software.
   4. You acknowledge and agree that you cannot:
      1. sub-license, rent, lend, assign or transfer in any other way these Terms of Use or the Software to any person without the prior written consent of G10; or
      2. make adaptations or variations of the Software without the prior consent of G10; or
      3. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
      4. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
      5. access or use all or any part of the Software in order to build a product or service which competes with the business of G10 or the Software.

3. Suspension and Termination

   1. G10 shall determine, in its discretion, whether there has been a breach of these Terms of Use through your use of the Software. When such a breach has occurred, G10 may take such actions as it deems appropriate, which may include:
      1. immediate, temporary or permanent withdrawal of your right to use the Software;
      2. issue of a warning to you;
      3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      4. further legal action against you; and/or
      5. disclosure of such information to law enforcement authorities as G10 reasonably feels is necessary.
   2. G10 excludes liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and G10 may take any other action it reasonably deems appropriate.
   3. G10 may terminate your access to the Software upon termination of its agreement with Client.

4. Intellectual Property Rights

   1. You acknowledge and agree that all intellectual property rights (including patents, copyrights, design rights, trade marks, service marks, confidential Information, database rights and other rights in the nature of intellectual property rights (whether registered or not) and all applications for the same which may now, or in the future, subsist anywhere in the world, including the right to sue for and recover damages for past infringements) in the Software are, and shall remain, the sole and exclusive property of G10.
   2. G10's status as the developer and owner of the Software must always be acknowledged by you.

5. Confidential Information

   1. You acknowledge and agree that all information of commercial value of G10, in whatever form or medium, including information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing and information relating to the Software or any of its constituent parts, the source code of the Software or any such parts, commercial or technical know-how and technology must be treated as confidential information and must not be divulged to any person without the prior written permission of G10.
   2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the security procedures relating to the Software, you must treat such information as confidential, and you must not disclose it to any third party.

6. Changes To These Terms Of Use

   1. G10 may revise these Terms of Use at any time. You must comply with any revisions to these Terms of Use which are communicated to you.

7. Jurisdiction And Applicable Law

   1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, your use of the Software.
   2. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.