Terms of Use for Non-CC Material

6. Disclaimer

The IEA provides the IEA Websites and the Non-CC Material on an “as is” and “as available” basis. The IEA’s goal is to keep the Non-CC Material accurate and complete, but it makes no representations, guarantees or warranties (express, implied or otherwise) of any kind concerning the Non-CC Material, including, without limitation, no warranties of satisfactory quality, availability, timeliness, fitness for a particular purpose, accuracy, completeness, merchantability, up-to- datedness, title or against infringement of the proprietary or other rights of third parties. Similarly, the third-party licensors of content within the Non-CC Material that is sourced to them do not make any warranties about their content; such content is also provided on an “as is” basis. The IEA reserves its right to change, update or discontinue in any way part or all of the Non-CC Material or change any release times or dates, without notice or any liability.

The Non-CC Material is not intended to be and should not be relied upon by you in making (or refraining from making) any decisions. The OECD, the IEA and their third-party licensors shall not, under any circumstances, be liable to you for any loss, damage, liability or expense incurred or suffered (including all loss of profit, loss of use, loss of revenue, loss of contracts, increased costs and expenses and all special, indirect and consequential losses) which is claimed to result from access (or lack of access) to, use of, or reliance on, the Non-CC Material and any content in the Non-CC Material sourced to third parties, including without limitation, from any fault, error, omission, interruption or delay in such respect. Use of the Non-CC Material and any content in the Non-CC Material sourced to third parties is at the Customer’s, any User’s and your sole risk.

You agree to indemnify and hold harmless the OECD/IEA and their third-party licensors from and against any and all loss, including loss of reputation, loss of data and loss of revenue, and any other claims, actions, damages and costs occasioned to, or suffered by, the OECD/IEA resulting from your use of any Non-CC Material and any content in the Non-CC Material sourced to third parties.

7. Agents

If you are an Agent, you must comply with the following conditions and you will be deemed to have accepted them when you purchase the Purchased Products:

(a) if you are advertising the Purchased Products on your website, you must include beneath the Purchased Products (i) the statement: International Energy Agency, All rights reserved, and (ii) a link to these Terms of Use for Non-CC Material;

(b) you must inform potential purchasers of the Purchased Products that, in purchasing the Purchased Products, they are deemed to accept, and must comply with, these Terms of Use for Non-CC Material, and that they will constitute a Customer for the purposes of these Terms of Use for Non-CC Material; and

(c) if you advertise the Purchased Products on your website, you must not use the IEA logo on your website or on any other advertising material you publish without the IEA’s prior written permission.

8. General

(a) Nothing in these Terms of Use for Non-CC Material shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities that may apply to the OECD and the IEA, all of which are specifically reserved.

(b) The IEA reserves the right at any time and without prior notice to (a) update these Terms of Use for Non-CC Material and (b) release any Non-CC Material under different licence terms. By continuing to use the Material after the Terms of Use for Non-CC Material have been amended, you acknowledge, agree and accept such amendments. However, any existing licences granted to you by the OECD/IEA in respect of the Material will continue in full force and effect, unless terminated for breach.

(c) Failure by either you or the IEA to exercise any right or remedy under these Terms of Use for Non-CC Material does not constitute a waiver of that right or remedy.

(d) The provisions of these Terms of Use for Non-CC Material which, by their nature, should remain in effect beyond the termination or expiry of Terms of Use for Non-CC Material (including but not limited to Sections 4, 5, 6, 7, this Section 8(d) and 9 shall survive without any time limit.

9. Dispute resolution

If any disputes arising under these Terms of Use for Non-CC Material cannot be settled amicably, either the OECD/IEA or you/the Customer may, pursuant to a notice of arbitration communicated by reasonable means to the other, elect to have the dispute referred to and finally determined by arbitration. The arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules as then in force. The arbitral tribunal shall consist of a sole arbitrator and the language of the proceedings shall be English unless otherwise agreed. The place of arbitration shall be Paris. The arbitral proceedings shall be conducted remotely (e.g., via telephone conference or written submissions) whenever practicable. The parties’ rights and obligations shall be governed exclusively by these Terms of Use for Non-CC Material.