EARTH TRACK END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE USE.
Earth Track is a series of mobile applications and associated infrastructure that provides a facility for users to submit environmental observations from on-the-ground survey activities to an online database with the aim of increasing our understanding of the environment. Data submitted will primarily be used to support the use of re
mote sensing technologies to monitor changes in our environment. Earth Track consists of Earth Track, Earth Track Mangroves and Earth Track Nature and this agreement covers all three and future developments of these apps.
At a glance this agreement contains the following information:
- The software is provided as seen with certain restrictions on distribution and usage.
- You control the personal information you include in your data and how it is processed.
- The sensors accessed by the software and your agreement for the software to use these.
- Care and safety when participating and creating surveys, what to be mindful of, to minimise risks to species, the environment, people and property.
- Supporting data, IPR and other legal implications.
This end-user licence agreement (“the EULA”) is a legal agreement between you (“the End-user” or “you”) and Aberystwyth University (“the Licensor”, “us” or “we”). Aberystwyth University is a registered charity (No 1145141) whose principal office is at Penglais, Aberystwyth, Ceredigion, SY23 3FL.
This EULA is for “Earth Track” which is a mobile application.
We licence use of “Earth Track” to you on the basis of this EULA and subject to any rules or policies herein.
You should print a copy of this EULA for future reference.
- The terms of this EULA apply to Earth Track, including any updates or supplements made to the mobile application, unless they come with separate terms, in which case those terms apply. Any open-source software incorporated into Earth Track with a pre-existing open-source licence may override some of the terms of this EULA.
- We may change these terms at any time by sending you details of the change or notifying you of a change when you next start using the Earth Track mobile application . The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Earth Track application.
- From time to time updates to Earth Track may be issued. Depending on the update, you may not be able to use the mobile application until you have accepted any new terms.
- You agree that you may be charged by your service providers for internet access when using Earth Track and you accept responsibility for this.
- Earth Track may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant and scope of licence
- You may download a copy of the Earth Track app onto any number of smartphone, tablet or similar devices which you own for personal use and to view, use and display services provided by Earth Track for your personal purposes only.
- You accept responsibility in accordance with the terms of this EULA for the use of the App on, or in relation to any Device, whether or not it is owned by you.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- Not to copy the Earth Track installations except where such copying is incidental to normal use of Earth Track, or where it is necessary for the purpose of back-up or operational security.
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Earth Track.
- Not to make alterations to, or modifications of, the whole or any part of Earth Track, or permit Earth Track or any part of it to be combined with, or become incorporated in, any other programs.
- To comply with all technology control or export laws and regulations that apply to the technology used or supported by Earth Track, together (“the Licence Restrictions”).
When participating in data collection surveys, you agree that Earth Track may make use of
- The technical information about your devices and its operating system.
- Location and time data.
- Selected photographs
However, access will be limited to a point at which "observations" are made – the precise operation and settings of which will be determined by the specific survey method requirements.
Such information is used to:
- Support efficient and accurate creation of ground survey records for use in specified remote sensing projects (e.g., Living Wales).
- In certain circumstances, support environmental research and monitoring through the publishing of some elements of data submitted to Earth Track to environmental data repositories. Data published in this way will reflect only information concerning environmental conditions and will not contain data that identifies you as an individual.
The providers of Earth Track will never personally identify you from the data you collect unless you explicitly provide permission to do so. And this will be done on a case by case basis.
Anonymous use of Earth Track is facilitated where possible. However, you may agree to include your name or a pseudo name (with email information) in data submitted to Earth Track to:
- Enable you to discern data records you have submitted
- Enable others to discern data records you have submitted
You may subsequently remove your personal data from Earth Track system, including your registration options and survey information that you have submitted. However, you agree that the following observation data may not be able to be removed:
- Observations submitted anonymously.
- Observations which have since been anonymised and combined as part of a dataset.
- Those observations where you have previously given explicit consent for their publication with your affiliation.
Some surveys permit the use of "free" text within an observation. In order to comply with this policy and preserve the privacy rights of other participants, you agree not include any personal references.
There is a process for reporting inappropriate data submissions (our “Takedown Policy” detailed at: need a doc on the website perhaps with details of a mailbox or contact or whatever which would include but not be limited to:
- Inappropriate images and/or text not conducive to the science.
- Reckless distribution of information not appropriate for public consumption (e.g. locations of protected species).
- Pictures or textual references to persons/property intruding on their privacy.
The providers of Earth Track ensure adherence to the General Data Protection Regulation GDPR.
Acceptable use restrictions
- Not use Earth Track in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Earth Track or any operating system.
- Not infringe our intellectual property rights or those of any third party in relation to your use of Earth Track (to the extent that such use is not licensed by this EULA.
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Earth Track.
- Not use Earth Track in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
- Not collect or harvest any information or data from the Earth Track infrastructure or our systems without express written permission from us or unless it is published explicitly for re-use.
- Acknowledge that we may change the nature or functionality of Earth Track at any time, at our discretion.
- Acknowledge that Earth Track has been developed as part of a research project and, as such, services may be discontinued at any time, at our discretion and where we will endeavour to provide notification of the discontinuation of services in advance (via earthtrack.aber.ac.uk) we are not obligated to do so.
- It is your responsibility to ensure that any record submitted to Earth Track is appropriate for viewing and accessing online. The following are examples of content that is NOT appropriate:
- The use of sexualized language or imagery
- Trolling, insulting/derogatory comments, and personal or political attacks.
- Inclusion of others' private information without explicit permission.
- Inclusion of likenesses of individuals in digital media without explicit permission.
- Other content which could reasonably be considered inappropriate in a professional setting.
Intellectual property rights
- Aberystwyth have no intellectual Property Rights invested in Earth Track.
- You acknowledge that Earth Track includes content from Google Maps. By using this app you acknowledge the Google Maps/Google Earth Terms of Service here
- You acknowledge that additional datasets may be incorporated into Earth Track and that they may also have certain restrictions on their use and public consumption.
- When submitting data to Earth Track, you acknowledge that you release any intellectual property rights invested in the creation of your data record and that your record can be used in research projects and that it may be made available for re-use by others.
Health & Safety
- When participating in data gathering initiatives, you agree that your own safety, any potential harm caused to the environment and subsequent adherence to regional laws remains your own responsibility.
- Laws may differ from region to region and it will be your responsibility to check the applicability of these and uphold adherence as appropriate.
- It is your responsibility to conduct field surveys in a conscientious and sensible manner with awareness of the risks and potential environmental impacts of the exercise. These may include but will not be limited to:
- Respect for nature. Activities must not cause unnecessary disturbance, distressing, injuring, or killing species. There may be some instances where certain species are protected by law and consideration must be given to the legal status of certain species, including licencing (e.g. bats, bird ringing, breeding season, great crested newts).
- Respect for land owners and property. Rights of way and the permissions on entry and access to land may differ from region to region. Activities must not encourage any activity such as trespass, wondering into prohibited areas, or damage to the countryside, etc.
- Personal Safety. Be mindful of hazards (e.g. drowning, falling, getting lost), exclusion zones, with any details when times/seasons have a bearing on the degree of risk (e.g. night time).
- You agree that the providers of Earth Track cannot foresee all potential hazards associated with the use of the mobile application.
- Activities involving minors. Please note that in most cases, explicit permission from a parent or legal guardian is required (NB: the Earth Track EULA must be agreed to by someone over 18), and laws often exist regarding management and participation of children’s activities.
- If your survey is aimed at children then by accepting this agreement you agree to seek the relevant ethical advice and parental clearance for your specific survey activities.
- Aberystwyth University cannot be held responsible for mismanagement of data collection activities. Neither can they be held responsible for any actions or inactions of those undertaking ground surveys.
Limitation of liability
- You acknowledge that the Earth Track has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that your use of Earth Track is suitable your purposes. You should be particularly aware of the fact that calculation errors may occur when using Earth Track, for example, but not limited to, positional accuracy derived from your mobile device.
- You acknowledge that the maps accessed through Earth Track may contain cartographic errors and be incomplete or otherwise have inaccuracies or misleading information. Earth Track should not be used for the purposes of navigation or way finding. Marking of paths and roads on these maps do not imply any right of way or access to private property.
- Earth Track was developed primarily for research use and private use. You agree not to use Earth Track for resale purposes. If you choose to use Earth Track for any commercial or business purposes, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a refund of the amount paid for the Earth Track. This does not apply to the types of loss set out in condition 6.3.
- Nothing in this EULA shall limit or exclude our liability for:
- Death or personal injury resulting from our negligence.
- Fraud or fraudulent misrepresentation.
- Any other liability that cannot be excluded or limited by English and Welsh law
- In addition to the above, Earth Track will not be liable in respect to user contributions and actions, including but not limited to:
- Incorrect, misleading or missing information and warnings on contributed instructions, maps and supporting data.
- Distribution and publication of data and surveys which conflict with legal and licensing restrictions.
- Instructions which conflict with local policies regarding environmental and species protection.
We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
- All rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA.
- you must immediately delete or remove the Earth Track Wales app from all devices and certify to us that you have done so.
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail wales.livingearth[at]gmail.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
- If such an event outside our control takes place that affects the performance of our obligations under this EULA:
- Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the event
- We will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the event.
Other important terms
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by Scottish law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction.