Eurotrace License

General terms and conditions

1. This Licence Agreement concerns Eurotrace, a software developed by the European Commission, with copyright of the European Communities. Subject to the conditions hereinafter specified, the European Commission, represented by Eurostat (hereinafter Eurostat) hereby grants the Licensee a non-exclusive free of charge licence to use Eurotrace for capturing, processing, storing, preparing, disseminating and analysing external trade or other kind of statistics. The Licensee may be a National Statistical Office, a customs department, a regional organisation, or any other body involved in the production of statistics.
   The Licence is granted explicitly and personally to the Licensee. The Licensee may not assign the rights and benefits conferred by this Agreement to any other party without the written approval of Eurostat.
   Ownership and intellectual property rights in Eurotrace shall remain in the European Communities.
2. The Licensee may use Eurotrace for internal or external, commercial or non-commercial purposes, provided the original proprietary notices and all notices referring to this Licence Agreement and to the disclaimer of warranty are kept intact.
3. This Agreement is concluded for an initial period of one (1) year beginning on the date of the acceptance of the Licensee's request by Eurostat. It shall be tacitly renewed for subsequent periods of one (1) year unless terminated by either party subject to written notice given to the other party one (1) month before expiry of the relevant period.
4. DISCLAIMER OF WARRANTY. Eurotrace is provided free of charge, and, therefore, on an "as is" basis, without warranty of any kind, including without limitation the warranties that it is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of Eurotrace is borne by the Licensee. Should Eurotrace prove defective in any respect, the Licensee and not Eurostat or its suppliers assumes the entire cost of any service and repair. In addition, the security mechanisms implemented by Eurotrace have inherent limitations, and the Licensee must determine that they sufficiently meet its requirements. This disclaimer of warranty constitutes an essential part of this agreement.
5. LIMITATION OF LIABILITY. In no event will Eurostat or its suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use Eurotrace, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data or any other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Eurostat shall neither accept any responsibility for damages caused on any material provided by the Licensee or a third party which is processed using Eurotrace or linked there through. In any case, Eurostat shall accept no responsibility for the consequences arising from any improper use of Eurotrace, or any action taken by the Licensee's customers.
6. Eurostat reserves the right to cancel this Licence without prior notification if abusive use is suspected. The licence hereby granted shall forthwith lapse and all rights conveyed by it shall without further notice revert to Eurostat.
7. In case of termination of this Agreement, no compensation whatsoever may be claimed by either party.
8. The Licensee shall keep Eurostat informed of any changes in the stated use or in the contact details. Should such changes not be notified immediately, Eurostat reserves the right to terminate the Licence. Should these General terms and conditions be revised, Eurostat shall inform the Licensee in writing (by e-mail). The Licensee shall confirm within one (1) month from the date of notification that the new conditions are acceptable to him or terminate this Agreement and refrain from further use of Eurotrace.
9. The use of Eurotrace may require the installation of other software products (e.g. operating system, Internet server platform), developed by third parties. These software products are not included in this Licence Agreement and are by no means under the responsibility of Eurostat. Any costs concerning these software products have to be borne by the Licensee.
10. The rights and liabilities of the parties, in so far as they are not expressly covered by this Agreement, shall be established according to the law of Luxembourg and any dispute, whether as to the express terms of this Agreement or otherwise, shall be determined by the courts of Luxembourg.
11. The provisions of this Licence can be accepted by clicking on the icon "I agree" placed directly under the window displaying the Licence. Clicking on that icon indicates your clear and irrevocable acceptance of this Licence and all of its terms and conditions.