Use Agreement for the ICAO CEMs
Please read this Agreement carefully: This Use Agreement is a legal agreement ("Agreement") between you and the International Civil Aviation Organization ("ICAO" or "Licensor"). By clicking "I Accept" or taking any steps to use the CEMs, you agree, on behalf of yourself and your organization (collectively "Licensee"), to be bound by all of the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, you may not access and/or use the CEMs.
1. Licence. The Licensor grants to the Licensee, and any third party as may be authorised by the Licensee ("Authorised Third Parties"), the right to access and use the CEMs, which is comprised of a set of equations, provided that the Licensee and Authorised Third Parties comply with all the terms and conditions of this Agreement. Before authorising any such third party, the Licensee will ensure that such third party requires access and use of the CEMs in accordance with Clause 2 (Permitted Use) below, and agrees to comply with the said terms and conditions.
2. Permitted Use. The Licensee and Authorised Third Parties may only access and use the CEMs for the sole purpose of complying with CORSIA monitoring, reporting and verification requirements as set out in Volume IV of Annex 16 to the Convention on International Civil Aviation. For the avoidance of doubt, the ICAO CORSIA CERT available on the ICAO website remains the only approved tool as part of the ICAO CORSIA Implementation Elements.
3. Restrictions on Use. Licensee and Authorised Third Parties (except for permitted uses) may not: copy, in whole or in part, the CEMs; modify the CEMs; rent, lease, license, sublicense or sell the CEMs; create derivative works from the CEMs for use outside of the CORSIA framework, specifically including the creation of a database of aviation CO2 emissions. Licensee and Authorised Third Parties obtain no rights in the CEMs, except those granted in this Agreement.
4. Intellectual Property Rights. The CEMs and all intellectual property rights therein are wholly owned by Licensor. Licensee and Authorised Third Parties may not remove, alter or destroy any copyright, proprietary or confidential notices placed on the CEMs. Licensee and Authorised Third Parties shall not disclose, provide, or otherwise make available the CEMs or any data obtained through them in any form to any other third party, unless otherwise required pursuant to Clause 2 (Permitted Use) above. Licensee and Authorised Third Parties shall take the necessary security measures to protect the CEMs from unauthorized use and/or interference.
5. No Warranties. The CEMs are provided to Licensee and Authorised Third Parties "as is," without warranty of any kind either expressed or implied, including, without limitation, fitness for a particular purpose and satisfactory quality. Without limiting the above, Licensee and Authorised Third Parties accept that the CEMs may not meet Licensee and Authorised Third Parties’ requirements and are not guaranteed to operate error free. Licensee and Authorised Third Parties use the CEMs at their own risk.
6. Changes. ICAO may in its sole discretion modify the content of or limit, suspend or discontinue the CEMs and access to it at any time, with or without notice.
7. Limitation of Liability. In no event will Licensor, its officers, employees, or agents, be liable to Licensee and Authorised Third Parties, for damages of any kind including, without limitation, direct, consequential, special, incidental, or indirect damages of any kind arising out of the license of, use of, or inability to use the CEMs, even if Licensor, its officers, employees, or agents have been advised of the possibility of such damages or such damages were foreseeable.
8. Indemnification. Licensee and Authorised Third Parties agree to indemnify, save and otherwise hold harmless Licensor, its officers, employees, agents and suppliers from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, or relating to, or resulting from their respective use of the CEMs, or any other matter relating to the CEMs.
9. Privileges and Immunities. Nothing contained herein shall be construed as a waiver of the privileges and immunities of ICAO.
10. Termination. Licensor may immediately terminate this Agreement and the license granted hereunder and take any measures it deems necessary if Licensee or Authorised Third Parties fail to comply with the terms and conditions of this Agreement. Upon such termination, Licensee must immediately cease using the CEMs, destroy or delete all existing copies of the CEMs in their possession or control. Licensee may terminate this Agreement and the license granted hereunder at any time by destroying or deleting all existing copies of the CEMs in its possession or control. Licensee will ensure that any Authorised Third Party that no longer agrees to comply with the terms and conditions of this Agreement will likewise destroy or delete all existing copies of the CEMs in its possession or control. All disclaimers, limitations of liability and any other provisions intended to survive termination will survive any termination of this Agreement and continue to be in full force and effect.
11. Operational Disclaimer. Licensee and Authorised Third Parties understand and acknowledge that the CEMs represent the average performance of an aeroplane "as operated" meaning that they are based on a sample of actual operational and fuel data. As such, they reflect actual aeroplane performance based on individual and unique conditions, such as, but not limited to operational/ATM (in)efficiencies (both lateral and vertically), weather impacts, individual aeroplane operator policies (e.g. Cost Index) etc. In addition, Aircraft Type Designators, as defined in ICAO Doc 8643, can include several aircraft Models for the same ICAO Aircraft Type Designator. Finally, as the database of operations and fuel data that underlie the CEMs is being developed and changes over time, some aircraft types are based on relevant and equivalent aircraft types. As a result, any comparison between CEMs estimations for aeroplane types would be inappropriate and is therefore not recommended.
12. Contact Information. Any inquiries regarding this Agreement or the CEMs may be addressed to Licensor at:
ICAO, Environment (ENV)
999 Robert-Bourassa Boulevard, Montréal, Québec H3C 5H7, Canada
— END —