TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF USE FOR THE CURRICULUM ON GOVERNANCE
FOR THE SUSTAINABLE DEVELOPMENT GOALS

Agreement. A User’s use of the Curriculum on Governance for the Sustainable Development Goals (“Materials” or “Training Materials”) constitutes an agreement with the United Nations, represented by the Department of Economic and Social Affairs through its Division for Public Institutions and Digital Government (“DPIDG”), to the following terms and conditions.

Users. In furtherance of General Assembly resolution 50/225 of 1 May 1996 that encourages exchanges of experiences in public administration and development in order to promote better understanding and enhance international cooperation in this field, including through South-South and the also promotion of the 2030 Agenda for Sustainable Development and the implementation of the Sustainable Development Goals (“SDGs”), and in particular Goal 16, and the SDG implementation in the Decade of Action, the United Nations has created the Training Materials for use by members of the United Nations Public Administration Network, schools of public administration and other relevant entities (“Users”).

License. Each User of the Training Materials is hereby granted by the United Nations, and the User hereby accepts, a non-exclusive, royalty-free, world-wide, non-assignable and revocable license to use the Training Materials, which includes the right to download, copy and distribute the Training Materials for educational and non-commercial purposes to facilitate capacity-building, in accordance with the terms and conditions herein. Each User is permitted to sublicense the use of the Training Materials to third parties for educational and non-commercial purposes to facilitate capacity-building, in accordance with the terms and conditions herein, provided that the United Nations is acknowledged as the owner of the copyright to the Training Materials.

Responsibility for Use. The User takes full responsibility for its use of the Training Materials hereunder, including by its employees, officers, agents or sub-contractors. The User specifically acknowledges and agrees that the United Nations is not liable for any additional material added to the Training Material by the User or conduct of any User nor of any third party that uses the Materials in any way.

Alteration of Training Materials. If the User alters the Training Material to customize it to its local context, the User shall ensure that the altered materials not bear the UN emblem or flag (“Altered Materials”). The United Nations disclaims any responsibility or liability with respect to the Altered Materials. The United Nations and each User agree that the User may create the Altered Materials, as derivative works, to the extent such Altered Materials are used for educational and non-commercial purposes to facilitate capacity-building, in accordance with the terms and conditions herein with the UN being granted, for its official purposes, a non-exclusive, royalty-free, assignable, transferable and irrevocable license to the Altered Materials created by the User.

Markings in the Training Materials. The User shall not include any notice, marking or a digital watermark in the Training Materials which may create the impression that the User is the owner of any copyright in the Training Materials or the User is a part of or endorsed by the United Nations. If the User logo is to be added to the Training Materials, the User shall seek written permission of the UN to do so.

Translation of the Training Material. If the User wishes to translate the Training Materials into languages other than those included in the Training Materials (“Translated Materials”), the User shall include a disclaimer in the Translated Materials stating that the translation is not a UN translation and the User is solely responsible for any errors in the translation, and shall attribute the United Nations as the author of the original text. The United Nations emblem shall not be displayed in the Translated Materials. The United Nations and each User agree that the User may create the Translated Materials, as derivative works, to the extent such Translated Materials are used for educational and non-commercial purposes to facilitate capacity-building, in accordance with the terms and conditions herein with the UN being granted, for its official purposes, a non-exclusive, royalty-free, assignable, transferable and irrevocable license to the Translated Materials created by the User.

Infringement of Intellectual Property by Third Parties. The User acknowledges that the United Nations owns the intellectual property rights to the Training Materials. The User shall use its reasonable efforts to prevent unauthorized use, duplication, copying or pirating of the Training Materials by any third party, who has not been granted a license by the User.

Indemnification. As a condition of use of the Training Materials, the User agrees to indemnify the UN and its affiliates from and against any and all claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of the User’s use of the Training Materials, including its own acts or omissions in using the Training Material and the acts or omissions of its officials, employees, agents, sub-contractors, representatives or of third party to which it grants a sublicense to use the Training Materials. Such claims include claims alleging facts that if true would constitute a breach by the User of these Terms and Conditions. In dealing with such claims, the User shall regularly consult with the United Nations and keep the United Nations apprised at all stages of the resolution of such claims.

If the User is dissatisfied with the Training Materials in any way or with any of these Terms and Conditions, the User’s sole and exclusive remedy is to discontinue using the Training Material.

The User agrees that when using the Training Material, the User shall not do any of the following:

(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
(c) Delete any author attributions, legal notices or proprietary designations or labels in the Training Materials.

Country and area nomenclature. The boundaries and names of additional material shown and the designations used on any maps in the Training Material do not imply official endorsement or acceptance by the United Nations. The User shall ensure that any designations employed by the User in Altered Materials do not imply the expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The term “country” as used in this paragraph also refers, as appropriate, to territories or areas.

Privacy notice. By accessing the Training Materials, certain information about the User, such as the first and last name, their email, position, affiliated organization and country, will be stored on United Nations servers. The information will be used internally only for traffic analysis and for statistical purposes and will not be published for general access. The United Nations, however, assumes no responsibility for the security of this information. The United Nations represents that the United Nations is not subject to any national jurisdiction or laws, including national data protection laws such as the European

Union’s General Data Protection Regulation (GDPR) or any other similar laws and regulations concerning the protection, processing and movement of personal data.

Dispute resolution.

The following provisions shall only apply if the Licensee is a Government

Any dispute between the United Nations and the User relating to the interpretation and application of the present agreement which is not settled by negotiation or other agreed mode of settlement shall be submitted to arbitration at the request of either party. Each party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint a third, who shall be the chairperson. If within thirty (30) days of the request for arbitration either party has not appointed an arbitrator, or if within fifteen (15) days of the appointment of two arbitrators the third arbitrator has not been appointed, either party may request the President of the International Court of Justice to appoint an arbitrator. The procedure for the arbitration shall be fixed by the arbitrators, and the expenses of the arbitration shall be borne by the parties as assessed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the parties as the final adjudication of the dispute.

The following provisions shall only apply if the Licensee is not a Government

(a) Amicable Settlement. The parties shall use their best efforts to amicably settle any dispute, controversy, or claim arising out of this 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 UN Commission on International Trade Law (“UNCITRAL”), or according to such other procedure as may be agreed between the parties in writing.

(b) Arbitration. Any dispute, controversy, or claim between the parties arising out of this agreement or the breach, termination, or invalidity thereof, unless settled amicably under article immediately above, 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 the agreement, order the termination of the 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 the 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 provided for in this agreement, the arbitral tribunal shall have no authority to award interest in excess of the Federal Reserve Bank of New York’s Secured Overnight Financing Rate 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.

Preservation of privileges and immunities. Nothing in or relating to this agreement shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.

Revision to Terms and Conditions. The United Nations reserves its exclusive right to alter, limit or discontinue the User’s use of the Training Materials in any respect and to revise the present Terms and Conditions, as it determines is necessary, in its sole discretion and without notice to any User. The United Nations shall have no obligation to take the needs of any User into consideration in connection therewith.

No waiver. No waiver by the United Nations of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

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