ESA HSF Eductation Product Order Form

TERMS OF SERVICE THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE EUROPEAN SPACE AGENCY (‘ESA’) STATING THE TERMS THAT GOVERN YOUR USE OF THE ESA HUMAN SPACEFLIGHT EDUCATION MATERIALS SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, POTENTIAL ADDITIONAL TERMS IN FUTURE, SOFTWARE LICENSES, AND ALL OF ESA'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND ESA. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND ESA MAY REFUSE ACCESS TO THE ESA HUMAN SPACEFLIGHT EDUCATION MATERIALS FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. 1. Definition of the ESA Human spaceflight Education materials Service: ESA is the provider of the online service (the "Service") that permits you to order ESA Human Spaceflight Education materials (the “Products”) under certain terms and conditions as set forth in this Agreement. 2. Purpose of the Service: This Service is available for information about and the ordering of the Products only. 3. Your Information: You agree to provide accurate, current, and complete information required to order Education Materials. ESA may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that ESA may store and use the Registration Data you provide for use in preparing and sending the Education Materials. 4. Acquisition and Use of the Products: a. Technical Requirements and Responsibility: You acknowledge that use of Products may require the use of other hardware and software products (e.g., render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is acquired and you receive the Product, it is your responsibility not to lose, destroy, or damage your hardware and software as well as the Product. b. Use of Products: You agree to use Products in compliance with the applicable Usage Rules set out below. c. Usage Rules (i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. (ii) You shall be authorized to use the Products for educational purposes. (iii) You shall be entitled to copy Products for educational purposes. (iv) Any digital media burning (if applicable) or exporting capabilities shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.. (v) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products. (vi)You agree that your ordering of Products, whether subject to charge or not, constitutes your acceptance of and agreement to use such Products solely in accordance with these Usage Rules, and that any other use of the Products may constitute a copyright infringement. These Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. ESA reserves the right to modify these Usage Rules at any time. 5. Territory: The Service is available for ESA members and cooperating countries -,and upon the date of their accession to ESA, all future ESA Member States -, and is not available in any other location. You agree not to use or attempt to use the Service from outside the indicated territory. 6. Right to change availability of Products and the Service: Availability of any Products is subject to change at ESA’s sole discretion without notice at any time. ESA reserves the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will ESA be liable for the removal of or disabling of access to Products under this Agreement. ESA may also impose limits on the use of or access to certain features or portions of the Service, without notice or liability. 7. Technical problems concerning the delivery of Products: On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to a Product that is not delivered within a reasonable period will be to ask for a re-delivery or, where this is not possible, to claim a refund, where a purchase price has been paid. 8. Intellectual Property. a. Acknowledgement of Ownership: You agree that the Service and the Products contain proprietary information and material - including but not limited to the associated graphics, audio clips and editorial content - that are owned by ESA, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service and in compliance with the terms of this Agreement. No portion of the Service or a Product may be reproduced in any form or by any means, except as expressly permitted hereunder (see section 4 c above). You agree not to rent, lease, sell, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever. b. Trademarks: The ESA logo, graphics, and logos used in connection with the Service and the Products are property of ESA. You are granted no right or license with respect to any of the aforesaid graphics and logos and any use of those except where their use is a necessary consequence of the authorized use of the Service and the Products. 9. Termination by ESA: If you fail, or ESA suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to violation of the Usage Rules or any license to the Products, or infringement or other violation of third parties' rights, ESA may immediately andat its sole discretion: (i) terminate this Agreement and/or (ii) preclude access to the Service (or any part thereof). 10. Disclaimer of Warranties; Liability Limitations: a. ESA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND THE PRODUCTS IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ESA) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. b. IN NO CASE SHALL ESA, ITS DIRECTORS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. c. ESA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ESA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. d. ESA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ESA DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS AQCUIRED THROUGH THE SERVICE THAT ARE STORED IN YOUR SYSTEM. 11. Waiver and Indemnity: BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ESA, ITS DIRECTORS, EMPLOYEES, OR CONTRACTORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ESA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ESA, ITS DIRECTORS, EMPLOYEES, OR CONTRACTORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ESA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. 12. Changes to this Agreement: ESA reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Additional Terms. 13. Governing Law: The Service is controlled and operated by ESA from its offices in The Netherlands. The laws of The Netherlands govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that any disputes with ESA relating in any way to this Agreement and your use of the Service or the Products shall exclusively and finally be settled through arbitration by an arbitral tribunal established in Amsterdam (The Netherlands) in accordance with the Rules of Arbitration of the International Chamber of Commerce. 14. Miscellaneous: These Terms of Service constitute the entire Agreement between you and ESA and govern your use of the Service, superseding any related prior agreements between you and ESA. If any provision of this Agreement is found to be invalid, the other provisions will remain in full force and effect. ESA will not be responsible for failures to fulfill any obligations due to causes beyond its control. Last updated 10 Dec 2007 © Copyright 2007 European Space Agency All rights reserved.