GENERAL CONDITIONS FOR THE USE OF SPATIAL DATA

1. GENERAL PROVISIONS

1.1. The Lithuanian Spatial Information Portal (hereinafter referred to as the portal) www.geoportal.lt is managed and continuously maintained by the State Enterprise National Center for Remote Sensing and Geoinformatics "GIS-Centras" (hereinafter referred to as the Portal Manager).

1.1. The Portal Manager shall enable the recipient of the portal services (hereinafter referred to as the User) to access spatial data sets provided to the portal by a legal or natural person, hereinafter referred to as the Data Provider, under bilateral data provision agreements (hereinafter referred to as the Spatial Data Set). Information about the Data Provider is specified in the metadata (field "Resource Developer Contact).

1.2. By the General conditions for the use of spatial data (hereinafter referred to as the Terms and Conditions), the Portal Manager grants the User a non-exclusive, free, non-transferable right to use the Spatial Data Set through the portal network services which is valid on an unlimited territory. This right is granted only for the purpose of enabling the User to use the Spatial Data Set in accordance with the procedure laid down in the present Terms and Conditions.

1.3. These Terms and Conditions constitute a legally binding requirement for the User and an agreement with the Portal Manager on the general terms and conditions of use of the Spatial Data Set published on the portal and related services. These Terms and Conditions do not include conditions for the use of services that may be agreed in a separate written agreement with the Portal Manager.

1.4. Information about the Terms and Conditions is publicly available in the portal section "Help" -> "My portal", tab "My orders".

 

2. PROCEDURE FOR THE PROVISION OF SPATIAL DATA

2.1. The User, after placing the order and agreeing with the Terms and Conditions, shall, no later than within 1 working day from the date of agreement, gain access to the portal network service to view or download and transform the ordered data.

2.2. Information on the order and use of the Spatial Data Set is provided to the User on www.geoportal.lt section "My portal", tab "My orders".

2.3. If the User is a legal entity, the User shall submit a request in writing to the Portal Manager with a list of authorized persons including the name and login name of each authorized person. The Portal Manager, no later than within 2 (two) working days from the date of receipt of the list, shall grant the authorised persons the right to place orders on behalf of the User. The application form is available on www.geoportal.lt -> section "Help", tab "Getting started" –> "How to use geoportal.lt as a company representative".

2.4. If updates to the Spatial Data Set are scheduled, depending on the User's choice at the time of placing the order, the Portal will provide access to the updated data.

2.5. If the scheduled updates to the Spatial Data Set are not periodic, the User shall be informed of such updates by e-mail.

2.6. Upon expiry of the period of validity of the order, the User loses access to the Spatial Data Set and the User is no longer provided with updates to the Spatial Data Set.

2.7. The User is informed and agrees that:

2.7.1. the content, format and nature of the Spatial Data Set may be modified without prior notification.

2.7.2. Spatial Data Set may be temporarily unavailable due to ongoing updates or technical reasons

2.7.3. blocking access to the User's account will make it impossible to access Spatial Data Set, User's account data, other files or information stored in the portal.

2.7.4. fixed maximum number of times the User can send or receive data is not currently set and can be changed at any time.

2.8. The User is informed that information provided on the website www.geoportal.lt in another language is only for User's convenience. If there are contradictions between the information in the Lithuanian user interface and the interface in other language, the information in the Lithuanian user interface shall prevail.

 

3. PROCEDURE FOR THE USE OF SPATIAL DATA

3.1. The User undertakes:

3.1.1. to  use the Spatial Data Set only for the purposes, permitted by the present Agreement, by the conditions specified in the metadata field ‘Use Limitation‘ and by relevant laws, other legislation of Lithuania or generally accepted norms and recommendations;

3.1.2. to not transfer the access address of the provided portal network service to a third party (another natural or legal person) other than persons authorised by the User, or otherwise disclose it in any form, by any means, without the written consent of the Portal Manager;

3.1.3. to ensure that the User's authorised persons use the data only for the purpose and procedure specified in these Terms and Conditions and presented to the Uset by placing the order;

3.1.4. to clearly indicate the name and copyright of the data on the material of any form (e.g., digital, printed) created using all or part of the ordered data "{title of the Spatial Data Set} Ⓒ {the name of the data provider}, {Date of download of the data set entered by the user: Year-month}".

3.2. The User confirms that:

3.2.1. information provided by the User (e.g., identification or contact details) entered on the www.geoportal.lt website during registration or while using the data will always be correct. If this information changes, the User must update it immediately on the www.geoportal.lt website - > section "My portal", tab "My profile";

3.2.2. the username and password used to access the Spatial Data Set will be kept secret. If the User becomes aware of any unauthorized use of his username and password, the User must inform the Portal Manager about this on www.geoportal.lt website section "Help", tab "Inquiries" ;

3.2.3. the User will not engage in any activity disrupting the work of the Portal;

3.2.4. the User will not transfer, sell, resell or otherwise distribute ordered data for any purpose, unless this right is expressly granted by a separate agreement with the Portal Manager;

3.2.5. the User will not remove, hide or change any notifications on property rights (including notifications on copyright and trademark);

3.2.6. while using the Spatial Data Set, the User will not use the product names, trade- and service marks or logos of any company or organisation in a way that could or would intend to cause confusion in determining the owner or lawful user of those trademarks, names or logos.

3.3. The User does not have the right (and does not have the right to authorize another person) to copy, apply reverse engineering or create derivative works on its basis, as well as decompile or otherwise try to find out source codes for the software or other part of it, unless this is officially permitted or required by the laws of the Republic of Lithuania, or this right is granted by a separate written agreement of the Portal Manager.

 

4. OBLIGATIONS OF THE PORTAL MANAGER

4.1. The Portal Manager provides access to Spatial Data Set through portal network services on the website www.geoportal.lt, the availability of which is ensured for at least 90 percent of working time during working days.

4.2. The Portal Manager informs the User about the planned works, due to which the portal network services will not be available on www.geoportal.lt website.

4.3. The Portal Manager may, but does not commit to, perform data updates based on User's comments or transmit comments received to the Data Provider.

 

5. PRIVACY POLICY AND PERSONAL INFORMATION

5.1. Information on the methods of protection of portal data and processing of personal data by Portal Manager is available on the website www.geoportal.lt section "Help", tab "Personal data protection". The User confirms that the User have read the information provided and agrees to the processing of User's data in accordance with the provisions of protection of personal data.

5.2. User's personal data is processed by the Portal Manager with the purpose to fulfil the order, and administration of orders of portal electronic services, spatial data sets made by the recipients of portal services.

5.3. The User agrees that the Portal Manager, at the request of the owner of the ordered data, will provide the owner of the data with the following data: user name on the Lithuanian Spatial Information Portal, name of the represented organization and date of order of the data.

 

6. COPYRIGHT

6.1. The copyright of the portal content (data, software) is specified on www.geoportal.lt website section "Methodological information", tab "Copyright".

 

7. VALIDITY OF TERMS AND CONDITIONS

7.1. The Terms and Conditions take effect after the logged-in User has ordered the Spatial Data Set and has confirmed the "Agree" option by clicking on it, if such an option is provided in the specified user interface.

7.2. The Terms and Conditions expire in following cases:

7.2.1. the User no longer uses the Spatial Data Set.

7.2.2. The Portal Manager unilaterally terminates the provision of the Spatial Data Set and related services.

7.3. The Portal Manager may terminate the provision of the Spatial Data Set and related services in following cases:

7.3.1. if the User has violated the provisions of the legislation of the Republic of Lithuania relating to the use of data or any provision of the Terms and Conditions;

7.3.2. if the Portal Manager is obliged to stop the provision of data in accordance with the legislation of the Republic of Lithuania or for other reasons;

7.3.3. by a unilateral decision of the Portal Manager.

7.4. Upon expiry of the Terms and Conditions, the User must no longer use the Spatial Data Set for any purpose.

 

8. LIABILITIES OF THE PARTIES

8.1. The User shall take full responsibility for the failure to comply with the provisions of the Terms and Conditions and the consequences of such failure, including any eventual damage suffered by the Portal Manager as a result of such failure.

8.2. The User who has violated the present Terms and Conditions, shall indemnify the losses and property damage suffered by the Portal Manager in accordance with the procedure established by the Law on copyright and related rights of the Republic of Lithuania and the Civil Code of the Republic of Lithuania.

8.3. The Portal Manager shall not be liable for eventual data mismatch with User's expectations.

8.4. The Portal Manager shall not be liable for data availability if the data is not accessed through no fault of the Portal Manager.

8.5. The Portal Manager shall not be liable for the quality of the data submission using third-party software and for lost or distorted information while transforming the data into not fully compatible formats.

8.6. The Portal Manager shall not be liable for the User's inability to use data or portal network services due to improper User's hardware and / or software, internet connection, way of use and other misuse.

8.7. The Portal Manager is not liable for loss or damage suffered by the User in following cases:

8.7.1. the User deleted, breached or did not save the content and other communication data the User had or transmitted while using portal network services;

8.7.2. the User did not provide correct information during registration on the portal;

8.7.3. the User did not care about the security and confidentiality of the data of User's passwords and account.

8.8. The limitations on the liability of the Portal Manager provided for in this section are valid regardless of whether the User has been informed of the possibility of such loss or damage.

8.9. None of the Parties to the present Agreement will be liable for partial or full non-compliance with the obligations assumed, if that non-compliance is the result of force majeure as it is established by the Resolution No. 840 of the Government of the Republic of Lithuania of 15 July 1996 and Article 6.212 of the Civil Code of the Republic of Lithuania.

8.10. Disputes arising from the present Agreement are resolved by bilateral agreement or, if no agreement is reached, in accordance with the procedure laid down by the laws of the Republic of Lithuania.

8.11. In case of a change in the legal status of the Parties, the rights and obligations provided for in the Agreement shall pass to their successors, and in the event of liquidation of the rights, where possible, the rights and obligations shall pass to the persons acquired the rights.