07 August, 2012

UNITED NATIONS ON-LINE USAGE AGREEMENT

PLEASE TAKE NOTICE -- PLEASE READ THIS FORM CAREFULLY

By subscribing to the United Nations COMTRADE or using UN Comtrade without subscription, you are agreeing to abide by all of the following terms and conditions for your use of United Nations COMTRADE, in addition to and without derogating from the standard Terms of Use for United Nations Web Sites (available at http://www.un.org/en/aboutun/terms/):

1. Definitions. For the purposes of this Usage Agreement "United Nations COMTRADE" means the information service and content provided by United Nations Publications and the United Nations Department of Economic and Social Affairs, by affiliates of United Nations Publications and by third parties; "Premium Access Service" means the information service which is accessible solely through an authorized account ("Usage Account" or "Subscription"); "you", "your" or "yours" refers to each person who, or each entity that, establishes a Usage Account or Subscription (the "Subscriber") or is authorized to access and use United Nations COMTRADE or uses United Nations COMTRADE without subscription. Where any entity has established an "institutional" Usage Account with United Nations Publications for the use of the United Nations COMTRADE, the terms "you" or "yours" shall refer to such entity (including all locations, branches and facilities operated by such entity), any affiliates of such entity effectively controlled by such entity, and all authorized users of such entity, or of its affiliates, having access to use of the United Nations COMTRADE pursuant to such "institutional" Usage Account; "Party", or collectively "Parties", refers to the United Nations, including the United Nations Department of Economic and Social Affairs and United Nations Publications, and each person who is authorized to access and use United Nations COMTRADE or uses United Nations COMTRADE without subscription.

2. General. This Usage Agreement sets forth the terms and conditions of a license for use of the United Nations COMTRADE. By using United Nations COMTRADE, you consent and agree to comply with all of the terms and conditions of this Usage Agreement. The rights and obligations concerning the use of United Nations COMTRADE in accordance with this Usage Agreement are not transferable. If you are a Subscriber you are responsible for any use of your Usage Account under your user ID (username) or password by any person or entity. You are further responsible for ensuring that any use of your Usage Account complies fully with the provisions of this Usage Agreement. You are responsible for protecting the confidentiality of your user ID and your password.

3. Changed Terms. The United Nations shall have the sole and exclusive right at any time to alter or amend this Usage Agreement or to otherwise change, modify or amend the terms and conditions applicable to use of United Nations COMTRADE. The United Nations shall have the sole and exclusive right to change or discontinue any aspect or feature of United Nations COMTRADE, including but not limited to content, functionality, hours of availability, and hardware or telecommunications equipment, software or services needed for access or use. The United Nations COMTRADE shall have no obligation to take the needs of any user into consideration in connection therewith. The United Nations will provide reasonable notice to you of any changes, modifications or amendments to this Usage Agreement; however, any use of United Nations COMTRADE by you after any such changes, modifications, or additions shall be governed by this Usage Agreement.

4. Equipment. You are solely responsible for obtaining, maintaining and all costs associated with any telephone, computer hardware and software, modems, telecommunications connections, and/or other equipment and/or services which are or may be needed for access to and use of United Nations COMTRADE.

5. Usage. United Nations COMTRADE contains copyrighted material and/or other proprietary information. The materials contained on or otherwise made available to you on United Nations COMTRADE may be copyrighted by the United Nations and, thus, are protected by copyright laws and regulations worldwide. Except as may otherwise be expressly permitted by applicable law, any copying, automated browsing or downloading, redistribution, publication, or commercial exploitation of any material contained on or otherwise made available to you on United Nations COMTRADE is strictly prohibited without the prior written permission of the United Nations. Any requests for permission to reproduce or otherwise use any material contained on or otherwise made available to you on United Nations COMTRADE should be directed to The Director of the United Nations Statistics Division: comtrade@un.org

Without limiting, derogating from or otherwise affecting the validity of the foregoing, you may not alter or remove any copyright symbol or other identification or any information concerning authorship of any of the materials contained on or otherwise made available to you on United Nations COMTRADE.

The provisions of this Usage Agreement shall inure to the benefit of the United Nations, including United Nations Publications, its affiliates, and its third-party content providers and licensors.

6. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL USE OF UNITED NATIONS COMTRADE IS AT YOUR SOLE RISK.

UNITED NATIONS COMTRADE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEITHER THE UNITED NATIONS, INCLUDING THE UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS AND UNITED NATIONS PUBLICATIONS, NOR ITS AFFILIATES, OR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT ACCESS TO AND USE OF UNITED NATIONS COMTRADE WILL BE FREE FROM INTERRUPTIONS OR FREE FROM ERRORS OR DEFECTS; NOR DOES THE UNITED NATIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF UNITED NATIONS COMTRADE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH UNITED NATIONS COMTRADE.

YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT INFORMATION, TEXT, GRAPHICS, AND HYPERLINKS PROVIDED TO YOU THROUGH UNITED NATIONS COMTRADE AND LOCATED ON OTHER SITES THROUGHOUT THE COMBINED GLOBAL ELECTRONIC NETWORKS KNOWN AS THE INTERNET AND THE WORLD-WIDE-WEB ARE PROVIDED SOLELY AS A RESOURCE AND A CONVENIENCE TO YOU. SUCH HYPERLINKS TO OTHER SITES ARE NOT UNDER THE CONTROL OF THE UNITED NATIONS NOR DO THEY REPRESENT AN ENDORSEMENT BY THE UNITED NATIONS OF THOSE SITES. THE UNITED NATIONS MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF SUCH INFORMATION, TEXT, GRAPHICS, AND HYPERLINKS. THE UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS AND UNITED NATIONS PUBLICATIONS HAVE NOT TESTED ANY SOFTWARE LOCATED ON OTHER SITES AND DO NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, SAFETY, RELIABILITY OR SUITABILITY OF SUCH SOFTWARE.

IN NO EVENT SHALL THE UNITED NATIONS, INCLUDING THE UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS AND UNITED NATIONS PUBLICATIONS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF, OR INABILITY TO USE, UNITED NATIONS COMTRADE, INCLUDING, WITHOUT LIMITATION, ANY FAULT, ERROR, OMISSION, INTERRUPTION OR DELAY WITH RESPECT THERETO, EVEN IF THE UNITED NATIONS, INCLUDING THE UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS AND UNITED NATIONS PUBLICATIONS, WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE UNITED NATIONS IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.

YOU ACKNOWLEDGE AND AGREE THAT THE DELIVERY SYSTEM USED FOR UNITED NATIONS COMTRADE, I.E., THE INTERNET AND THE WORLD-WIDE-WEB, ARE UNPREDICTABLE AND MAY, FROM TIME TO TIME, IMPEDE ACCESS TO UNITED NATIONS COMTRADE. NEITHER THE UNITED NATIONS, INCLUDING THE UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS AND UNITED NATIONS PUBLICATIONS, NOR ITS AFFILIATES, OR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS SHALL BE LIABLE FOR ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION FAILURE, OR ANY OTHER INTERFERENCE WITH YOUR USE OF OR ACCESS TO UNITED NATIONS COMTRADE, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

7. Indemnification. As a condition of use of United Nations COMTRADE, you agree to indemnify the United Nations and/or its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorney's fees) by your institute arising out of your use of United Nations COMTRADE, including, without limitation, any claims alleging facts that if true would constitute a breach by you of this Usage Agreement. If you are dissatisfied with any material published by United Nations COMTRADE, your sole and exclusive remedy is to discontinue using United Nations COMTRADE.

8. Termination. The United Nations, including the United Nations Department of Economic and Social Affairs and United Nations Publications, may terminate this Usage Agreement at any time by providing reasonable prior notice to you. Without derogating from or otherwise limiting the foregoing, the United Nations, including the United Nations Department of Economic and Social Affairs and United Nations Publications, shall have the right to immediately terminate this Usage Agreement and/or your rights to use United Nations COMTRADE in the event of any breach by you of this Usage Agreement.

You may terminate this Usage Agreement by providing written notice of termination to the United Nations Publications within 15 days from the date of the activation of your United Nations COMTRADE Usage Account. Termination of this Agreement automatically terminates your license to use the United Nations COMTRADE, including, as applicable, the Premium Access Service, and any content or other material contained therein.

In the event of a termination of this Usage Agreement by the United Nations, including the United Nations Department of Economic and Social Affairs and United Nations Publications, other than as a result of your breach, United Nations Publications shall refund to you any pro rata portion of the subscription fee paid by you to the United Nations Publications, if any, for the unexpired portion of the term of this Usage Agreement.

9. Settlement of disputes Amicable settlement: The Parties shall use their best efforts to amicably settle any dispute, controversy, or claim arising out of this Usage Agreement or the breach, termination, or invalidity thereof. Where the Parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the United Nations Commission on International Trade Law ("UNCITRAL"), or according to such other procedure as may be agreed between the Parties in writing.

Arbitration: Any dispute, controversy, or claim between the Parties arising out of this Usage Agreement or the breach, termination, or invalidity thereof, unless settled amicably under the preceding paragraph, within sixty (60) days after receipt by one Party of the other Party’s written request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under this Usage Agreement, order the termination of the Usage Agreement, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under this Usage Agreement, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 ("Interim measures") and Article 34 ("Form and effect of the award") of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in this Usage Agreement, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate ("LIBOR") then prevailing, and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.

10. Preservation of Immunities. Nothing contained in or related to this Usage Agreement shall be deemed a waiver, express or implied, of the privileges and immunities of the United Nations, including its subsidiary organs, which are specifically reserved.

11. Miscellaneous. The United Nations reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.

No waiver by the United Nations, including the United Nations Department of Economic and Social Affairs and United Nations Publications, of any provisions of the terms and conditions applicable to use United Nations COMTRADE shall be binding except as set forth in writing and signed by their duly authorized representative.

This Usage Agreement, the standard Terms of Use for United Nations Web Sites, and any United Nations policies, including those of the United Nations Department of Economic and Social Affairs and United Nations Publications, relating to your operation of United Nations COMTRADE constitute the entire agreement and understanding between the United Nations and you with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter.

No waiver by any party hereto of any of the provisions hereof or of any breach or other default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import. The provisions of Sections 5, 6, 7, 9, 10 and 11 shall survive any termination of this Usage Agreement.