The World Health Organization (“WHO”) encourages the public to access and use the data that it collects and publishes on its web site www.bohbr.com. The data are organized in datasets and made available in machine-readable format (“Datasets”). Use of the data derived from the Datasets, which may appear in formats such as tables and charts, is also subject to these Terms and Conditions. Datasets may include data describing the Dataset called “Metadata”. If any datasets are credited to a source other than WHO, then those materials are not covered by these Terms and Conditions, and permission should be sought from the source provided. You are responsible for determining if this is the case, and if so, you are responsible for obtaining any necessary permission from the sources indicated.
By using the Datasets or any presentations of data derived from them, you agree to be bound by and adhere to these Terms and Conditions, as may be amended from time to time by WHO at its sole discretion.
- Licensed Use. Subject to these Terms and Conditions, WHO grants to you the royalty-free, worldwide, non-exclusive right to use, reproduce, extract, download, copy, distribute, display or include the Datasets and data contained therein in other products for public health purposes.
- Retained Rights. Copyright in the Datasets remains vested in WHO, and WHO retains all rights not specifically granted hereunder.
- Acknowledgement and Disclaimer. By using the Datasets, you agree to appropriately acknowledge and provide attribution to WHO and the country or countries having provided the underlying data (as indicated in the Datasets) in the following format: WHO, title of dataset, year, date of access, acknowledgement of the country or countries having provided the underlying data.
- Altering or Modifying the Datasets. As part of the Licensed Use, you may minimally alter or adapt figures and tables in the Datasets to match the style of your publication. Any other alteration or modification of the Datasets (including abbreviations, additions, or deletions) may be made only with the prior written authorization of WHO.
- Prohibited Uses. You will not sell or otherwise transfer the Datasets and/or data contained therein to any third party, except within the Licensed Use. You will not use the Datasets for any other purpose and/or in any other manner than as expressly provided herein, nor attempt to de-anonymise the Datasets. Datasets shall not be used for or in conjunction with the promotion of a commercial enterprise and/or its product(s) or service(s), and/or in any way that suggests that WHO endorses any specific company, products or services. Furthermore, you shall not use the Datasets in a manner that falsifies or misrepresents their content.
- No WHO endorsement. You shall not state or imply that WHO endorses the manner or purpose of your use or reproduction of the Datasets, or that WHO endorses any entity, organization, company, product or services.
- No use of WHO name and emblem. Without the prior written approval of WHO, you will not use the name (or any abbreviation thereof) and/or emblem of the World Health Organization.
- No Warranties by WHO. All reasonable precautions have been taken by WHO to verify the accuracy of the Datasets. Notwithstanding the foregoing, the Datasets are being provided to you without warranty of any kind, either expressed or implied. You will be solely responsible for your use of the Datasets. In no event shall WHO be liable for any damages arising from such use.
- Third-party materials. If you wish to reuse material from the Datasets that is attributed to a third party, such as tables, figures or images, it is your responsibility to obtain permission from the copyright holder for such reuse. The risk of claims resulting from infringement of any third-party-owned component in the Datasets rests solely with the user.
- Modification/discontinuation of Datasets. WHO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Datasets, any means of accessing or utilizing the Datasets with or without prior notice to you.
- Your Indemnification of WHO. You agree to indemnify WHO for, and hold WHO harmless against, any claims and liabilities, including reasonable attornies' fees and costs, arising from your use of the Datasets and/or breach of these Terms and Conditions.
- Termination. WHO shall have the right to terminate this Agreement, and the licence and rights granted hereunder, at any time by written notice to you, without incurring any liability whatsoever to you or others. Furthermore, the licence and the rights granted under this Agreement shall terminate automatically upon any breach by you of the terms of this Agreement. Upon receipt of a written request from WHO to that effect, you will promptly cease all use of, and destroy any and all copies of, the Datasets provided by WHO, and will confirm to WHO in writing that you have complied with the foregoing, no later than seven (7) days after receipt of WHO’s notification.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between you and WHO with respect to its subject matter. WHO is not bound by any additional terms that may appear in any communication from you. Any amendment of these Terms and Conditions shall be subject to WHO’s written agreement, it being agreed that WHO may amend these Terms and Conditions from time to time at its sole discretion.
- Headings. Paragraph headings in these Terms and Conditions are for reference only.
- Dispute resolution. Any dispute relating to the interpretation or application of these Terms and Conditions shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, with the rules of arbitration of the International Chamber of Commerce. The parties shall accept the arbitral award as final.
- Privileges and immunities. Nothing in or relating to these Terms and Conditions shall be deemed a waiver of any of the privileges and immunities enjoyed by WHO under national or international law and/or as submitting WHO to any national court jurisdiction.