Terms and Conditions for the Use of the WIPO GREEN Database

Any use of the WIPO GREEN Database is governed by the following Terms and Conditions.

1. Definitions

• 1.1 "Technology" shall include, but not be limited to, intellectual property, know-how, procedures, goods, services and equipment.
• 1.2 “Green” Technology shall mean environmentally sound technologies as defined in Chapter 34 Agenda 21 of The United Nations Conference on Environment & Development (Rio de Janeiro, Brazil, June 3 to 14, 1992): “Environmentally sound technologies protect the environment, are less polluting, use all resources in a more sustainable manner, recycle more of their wastes and products, and handle residual wastes in a more acceptable manner than the technologies for which they were substitutes”.
• 1.3 “User” shall mean anyone who accesses, browses or otherwise uses the Database. In general, such User is an individual with a professional affiliation or an organization (including companies, corporations and institutions).
• 1.4 “Database” means the WIPO GREEN Database and the Roster of service Providers.
• 1.5 The “Roster of Service Providers” is an online register of service providers and consultants who can provide technical assistance, advice and consultancy in all areas of green technology transfer and deal-making.

2. Publicly available information

The following information is publicly available and can be accessed without registration:

• title, description of the Technology, image, technical field, type of Technology, Technology website, major resources to be saved/improved, Technology benefits summary, development stage, project summary (project record) as well as the name of the Provider;
• title, description of the Need and main technical field;
• in the case of data records automatically uploaded through arrangements with third parties, information on the origin of the data.

3. User registration

• 3.1 Users need to create a WIPO Account before registering to WIPO GREEN.
• 3.2 Users must register in order to:
• access the full Technology information, including intellectual property information, conditions for use and additional information, as applicable;
• access the full Needs information, including description of Need, sub technical field and seeker’s name;
• upload Technology and/or Needs (see 4.1);
• contact other Users via the WIPO GREEN contact form (see 8.1),;
• subscribe to e-mail alerts; and
• see the hyperlink to the original listing for those data records automatically uploaded through arrangements with third parties.
• 3.3 As part of the registration process, Users are asked to provide the required registration information, to select a login name and a password and to indicate how they wish to use WIPO GREEN (i.e. upload a Technology, upload a Need, or contact Technology providers or seekers).
• 3.4 Users who wish to advertise their services in the Roster of Service Providers do not need to register for WIPO GREEN, but may directly register for the Roster of Service Providers.
• 3.5 Users must keep their registration information updated at all times.
• 3.6 Individuals without professional affiliation who wish to register may contact WIPO and explain their interest in, or contribution they can make to WIPO GREEN.
• 3.7 WIPO reserves the right to deny, at its sole discretion, any User registration to the Database. WIPO informs a User whose registration is denied by e-mail.
• 3.8 The registered WIPO GREEN account will be valid until terminated by either WIPO or User upon e-mail notification.

4. Uploads to the Database

• 4.1 Users can upload Technology or Needs according to the corresponding indication made during the registration procedure. In General, only organizations and individuals with professional affiliation can upload Technology. In exceptional cases, WIPO will allow individual Users without professional affiliation to upload a Technology. Services can be uploaded to the Roster of Service Providers by independent consultants or organizations.
• 4.2 Users who upload Technology will determine, at their own discretion, what Technology they wish to make available for license (see 8.3).
• 4.3 Users are entitled to update, modify, suspend and withdraw the information uploaded.
• 4.4 WIPO reserves the right to deny, at its sole discretion, any upload of Technology or Need. A User whose upload is denied will be informed by e-mail.
• 4.5 WIPO reserves the right to delete the data contained in the Database at any time, for any reason and without prior notice. WIPO will notify the User who has uploaded the data before or after a modification is made.
• 4.6 There is no fee for the use of the WIPO GREEN Database or for the registration under 3.

5. Authorized use

• 5.1 WIPO allows Users to access and download the information in the Database. Bulk downloads and automated queries are not permitted. Users are not entitled to sharing data in bulk with others.
• 5.2 WIPO reserves the right to block access for abusive use of the Database. Abusive use of the Database includes, but is not limited, to any of the following:
• importing emails addresses into contact databases, etc.;
• sending unsolicited emails;
• defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
• publishing, posting, distributing or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information;
• uploading or attaching files that contain software or other material protected by intellectual property or other rights unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law;
• uploading or attaching files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
• deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
• falsifying the origin or source of software or other material contained in a file that is uploaded; or
• downloading any file uploaded by another User that the User knows, or reasonably should know, cannot be legally distributed.
• 5.3 System Integrity: Users agree not to use any device, software or routine to interfere with the proper working of the website or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. Users agree not to take any action that imposes an unreasonable load on WIPO’s infrastructure.
• 5.4 Users will be responsible for maintaining the confidentiality of their login name and password. Users may not disclose or share their login name and password for any unauthorized purposes. Users notify WIPO of any unauthorized disclosure of their login information or password.

6. Level of service

The website may be unavailable from time to time for maintenance or due to unforeseen circumstances.

7. Responsibility for content

• 7.1 WIPO bears no responsibility for the content provided by Users. WIPO does not control or endorse the accuracy of the content of information, ownership or availability of Technology listed, nor User identities. WIPO makes every effort to ensure, but does not guarantee, the accuracy and integrity of the data contained in the Database.
• 7.2 Users are solely responsible for the content and accuracy of their information uploaded onto the Database.

8. Agreements between Users

• 8.1 User communication with other Users may be initiated via a contact form. Users agree that all information provided as part of their registration can be shared with that User. Users agree that no confidential or contractual relationship is established or implied by the User contact. WIPO will keep a copy of the contact form, consider this information private and will not share it with any party other than the other User. Communications between Users are not endorsed by WIPO and such communications shall not be considered to have been reviewed, screened or approved by WIPO.
• 8.2 Users are encouraged, but not obliged, to respond to inquiries or requests by other Users.
• 8.3 Transfer, sale or license of Technology or provision of services will be governed by individually-negotiated agreements. For the efficient use and further development of the offered Technology, Technology should be offered, to the extent agreeable by the Technology Providers, as a package, including know-how, services and materials needed to implement the Technology. Providers are encouraged to consider the full range of possible agreements for technology transfer. Collaborative development agreements may involve both parties exchanging intellectual property, goods and services.
• 8.4 WIPO makes no warranty for the conclusion of agreements and/or the success of Technology transfer. Users are solely responsible for compliance with all applicable laws and regulations regarding transfers, sale or license of Technology or provision of services in which the Users are involved, including without limitation all applicable import/export requirements and WIPO will have no responsibility with respect thereto.
• 8.5 In the case of data records automatically uploaded through arrangements with third parties, the privacy policies and terms and conditions by third parties who have provided such records may also apply.
• 8.6 In the interest of the well-functioning of the Database, Users will inform WIPO, in a timely fashion about agreements that have been enabled through WIPO GREEN.
• 8.7 Users, including Service Providers, commit to the United Nations Supplier Code of Conduct for the use of this Database and in respect of carrying out any agreement that has been enabled through WIPO GREEN.

9. Intellectual property rights

• 9.1 Uploading Technology to the WIPO GREEN Database does not affect ownership or license rights with respect to any rights, including intellectual property rights affecting that Technology. The compilation is owned by WIPO. WIPO, at its discretion, reserves the right to share records with others.
• 9.2 Except as expressly permitted by the rightful owner, Users are not allowed to reproduce, sell, publish, distribute, modify, display or use any content or part thereof contained in the Database without prior written authorization, with the exception of data uploaded by the Users themselves.
• 9.3 WIPO shall not be held liable for any or all of the foregoing uses of the data on the Database, or any part thereof, that may affect or violate any patent, trade mark, copyright, trade secret, or other intellectual property right of any third party.
• 9.4 Users do not have the right to use the WIPO name, logo or acronym unless it is specifically authorized by WIPO in writing.

10. WIPO Reporting

• 10.1 WIPO reserves the right to report on activities in relation to the Database services.
• 10.2 For reporting and/or statistical purposes, WIPO may collect information, such as company information, technology information, Needs and User access logs. Such information will be processed and published in aggregate form in WIPO GREEN publications without specific User identification.

11. Applicability of these Terms and Conditions

WIPO reserves the right to modify these Terms and Conditions at any time. Any revised Terms and Conditions will be published on the WIPO GREEN website and registered Users will be informed through e-mail notification. Modifications shall take effect one month following the date of the publication.

12. Exclusion of Liability

• 12.1 The use of the Database is at the User’s sole responsibility. WIPO neither endorses, supports, warrants nor expresses any opinion on any User, any Technology, service, product, organization name or other information).
• 12.2 WIPO is in no way liable for consequences of the use of the Database and any offers and services provided by Users of WIPO GREEN. WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to Users or third parties, including, but not limited to, losses of business, revenue or profits, as a consequence of using any of the data contained in the Database. WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond its reasonable control.

13. Privileges and immunities

Nothing in or relating to these Terms and Conditions shall be deemed a waiver of any of the privileges and immunities of WIPO in conformity with the Convention on the Privileges and Immunities of the Specialized Agencies approved by the General Assembly of the United Nations on November 21, 1947 and with the provisions of the Agreement between the Swiss Federal Council and WIPO to determine the organization's juridical status in Switzerland of December 9, 1970, and of the Implementation Arrangement of the same date related thereto.

14. Settlement of Disputes

• 14.1 Any dispute, controversy or claim between WIPO and a User arising out of or relating to the use of the Database that cannot be resolved by negotiation shall be submitted to conciliation in accordance with the UNCITRAL Conciliation Rules. The place of conciliation shall be Geneva. The language to be used in the conciliation shall be English.
• 14.2 If, and to the extent that any such dispute, controversy or claim has not been settled pursuant to the conciliation within sixty (60) days of the commencement of the conciliation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the UNCITRAL Arbitration Rules. There shall be a sole arbitrator. The place of arbitration shall be Geneva. The language to be used in the arbitral proceedings shall be English.
• 14.3 WIPO shall not have any responsibility, obligation or reliability whatsoever with respect to any disputes between Users and/or between Users and third parties. In the event of disputes between Users or disputes between Users and third parties, Users are informed of the availability of the services and procedures of the WIPO Mediation and Arbitration Center.