1. In these Terms of Use (as defined below) the following definitions shall apply:
      • “IOGP” means the International Association of Oil and Gas Producers, incorporated in England as a company limited by guarantee (number 1832064);
      • “GIGS” means the Geospatial Integrity of Geoscience Software testing framework, published by IOGP, incorporating the GIGS Software;
      • “GIGS Software” means the associated elements and contributions of the GIGS framework, including but not limited to: the GIGS Website, the GIGS Test Dataset files, the GIGS Test Series files and the GIGS Documentation;
      • “GIGS Website” means the online portal serving all GIGS Software hosted by IOGP and currently available at https://www.gigs.iogp.org;
      • “GIGS Test Dataset” means the collection of files that contain reference data and source code associated with GIGS Tests;
      • “GIGS Test Series” means the compilation of recommended GIGS Tests pertaining to specific technical themes, as recommended by IOGP;
      • “GIGS Tests” means the specific procedures that involve testing certain functions within a digital application;
      • “GIGS Documentation” means the reports published by IOGP associated with undertaking a GIGS Evaluation;
      • “GIGS Evaluation” means the process of executing GIGS testing and applying all/some of the GIGS Software to a specific digital application in order to generate a GIGS Score; and
      • “GIGS Score” means the calculated level and percentage score that determines the level of conformance of the digital application being tested; and
      • "Terms of Use" means these terms and conditions governing the use of the GIGS Software and GIGS Website.
    2. The GIGS Software are published via the GIGS Website by IOGP at no charge. Distribution for profit is forbidden. The GIGS Software and GIGS Website remain proprietary to IOGP.
    3. The GIGS Software components are compiled by the GIGS User Group, of IOPG, from publicly available and IOGP member-supplied information.
    4. The GIGS Test Dataset is comprised entirely of synthetic data generated for testing purposes only and any resemblance to “real world” or otherwise proprietary datasets is purely coincidental. The selection of geodetic entities within the GIGS Test Dataset is designed to be as wide-ranging as possible and does not represent IOGPs interest, affiliation or alignment with any particular organisation or geography.
    5. IOGP reserve the right to modify, update or remove the GIGS Software at any time and without notice.
    6. The calculation and provision of a GIGS Score as a result of undertaking a GIGS Evaluation does not in any way provide an endorsement for the application in question by IOGP and IOGP accepts no responsibility for the effects of calculating such GIGS Score.
    7. IOGP does not warrant that the GIGS Software will meet the full requirements of any particular testing framework and does not guarantee that the GIGS Test Series and GIGS Test Dataset will capture all facets of geodetic and geospatial integrity within a digital application. The completion of a GIGS Evaluation does not in any way therefore deem a digital application to be of a certain quality.
    8. The GIGS Software may be used, copied and distributed subject to the following conditions:
      • Whilst every effort has been made to ensure the accuracy of the information contained in the GIGS Software, neither the IOGP nor any of its members past present or future warrants their accuracy or will, regardless of its or their negligence, assume liability for any foreseeable or unforeseeable use made thereof, which liability is hereby excluded. Consequently, such use is at your own risk. You are obliged to inform anyone to whom you provide the GIGS Software of these Terms of Use;
      • The GIGS Test Series and GIGS Test Dataset may be implemented in any commercial package provided that any commerciality is based on value added by the provider and not on a value ascribed to the GIGS Software which is made available at no charge;
      • Ownership of the GIGS Software by IOGP must be acknowledged in any publication or transmission (by whatever means) thereof (including permitted modifications); and
      • No data that has been modified other than as permitted in these Terms of Use shall be attributed to the GIGS Software.
    9. All other conditions, warranties or other terms which might have effect between the IOGP and You or be implied or incorporated into the Terms of Use or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
    10. You hereby agree to indemnify the IOGP and hold the IOGP harmless from any and all damages, costs, and liabilities in relation to any third party claim arising from Your use or reproduction of the GIGS Software.
    11. IOGP will not be liable under any circumstances whatsoever to the other party (or any person claiming under or through it), whether in contract, tort (including negligence), breach of statutory duty, or otherwise for indirect, incidental, special, punitive or consequential loss. In particular, but without limitation IOGP shall not be liable for (i) any loss of profits; (ii) any loss or corruption of data; (iii) any loss or corruption of computer software or systems; (iv) any loss or damage to equipment; (v) any loss of contract or business opportunity; (vi) any business interruption; (vii) any loss of savings (whether actual or anticipated); (viii) any harm to reputation or loss of goodwill; (ix) any cost of substitute software, goods or services.
    12. In order to use the GIGS Software, you must agree to these Terms of Use. You may not use the GIGS Software or any of them in whole or in part unless You agree to these Terms of Use.
    13. You can accept these Terms of Use by clicking the command button ‘Accept Terms’ upon registering as a new user. You will also be required to accept any revised Terms of Use prior to using or downloading any GIGS Software. You understand and agree that any use of the GIGS Software or any of them, even if obtained without clicking acceptance, will be acceptance of these Terms of Use.
    14. While the duration of these Terms of Use may be perpetual, IOGP reserves the right to terminate immediately in the event any breach occurs of the terms and conditions listed herein.
    15. These Terms of Use do not confer on any person other than the IOGP and You any right to enforce or otherwise invoke any term of the Terms of Use under the Contracts (Rights of Third Parties) Act 1999 (but this does not affect any right or remedy of any person which exists or is available apart from that Act).
    16. Any disputes relating to these Terms of Use shall be resolved in accordance with English law and you agree to the non-exclusive jurisdiction of the English Courts to resolve any dispute arising under or in connection with these Terms of Use.
    17. These Terms of Use shall constitute the entire binding agreement between IOGP and You in respect of the subject matter herein.