MagicMonitor® Terms of Use

By using this GMV Web site (the "Site"), you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use this GMV Web site.

Through the Site, you have access to a variety of resources, information, content, services as well as outputs or results from those services, collectively referred to as "Information". The following are the terms of the agreement between you ("you", “your”) and GMV Aerospace and Defence S.A.U. ("GMV"). By accessing or using the Site or the Information provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Information provided on or through the Site ("Terms of Use"). GMV may revise the Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted.

1. Reservation of Rights

1.1

The Site and Information provided on or through the Site are the intellectual property and copyrighted works of GMV or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Information provided on or through the Site are reserved. All Information is provided on an "As Is" and "As Available" basis, and GMV reserves the right to terminate the permissions granted to you and your use of the Information at any time.

2. Privacy and Contact Information

2.1

GMV informs you that your information is automatically stored in our users’ database. The information supplied by you may be used by GMV for research and marketing purposes and for the provision of the Information. You can edit your personal information or exercise your rights of access, correct or cancel this information, according to applicable law, contacting us at the following address:

GMV Aerospace and Defence S.A.U.
Isaac Newton 11 P.T.M. Tres Cantos
28760 Madrid - Spain
Tel.: +34 91 807 21 00
Fax.: +34 91 807 21 99
2.2

If you have any questions regarding these Terms of Use, or you have any other questions of a technical or a commercial nature, you may contact GMV by e-mail, at [email protected].

3. Quality of online Services

3.1

While GMV will make reasonable efforts to procure that the Information, in particular the MagicMonitor®’s online services (“Service”), are always available, interruptions in the Service and degradation of its performance may occur from time to time and therefore the availability and quality of the data service is not guaranteed. Therefore, GMV accepts no responsibility for the availability or quality of the Service under any circumstances.

4. User Name, Passwords and Means of accessing the site information

4.1

You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any GMV accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any GMV accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any GMV accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any GMV accounts, computer systems or networks.

4.2

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify GMV immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

4.3

You are not authorized to rent, lease or share your MagicMonitor®'s online services account to any third party, and GMV reserves the right to cancel the access to the Service without any compensation or payment refunding if you do not comply with these obligations.

4.4

There is no guarantee that any e-mail you send will be received by GMV. E-mail is not a secure form of communication and can be intercepted by third parties so e-mails sent to GMV when making use or accessing Information and Services are not confidential or may be subject to tampering. Any information sent by e-mail is done so at your own risk and you should carefully consider its sensitivity before transmitting it.

5. Right to Use

5.1

Subject to these Terms of Use you are authorized to personally use the Site and the Information, in particular the Services, for the purpose of using the MagicMonitor® service results for GNSS Performance Analysis.

5.2

You are authorized to include the Service results in any publication provided you also include an explicit and clear reference to GMV and to the MagicMonitor® online services and this Site http://magicgnss.gmv.com/sbas.

5.3

Except as provided elsewhere in these Terms of Use, your right of use of the Site and the Information, in particular the Services, shall not include:

  1. any delivery or disclosure of any kind of software, either in whole or in part, in any form whatsoever, to you or to any third party;
  2. making the Services available to any third party by any means for any purpose whatsoever;
  3. creating a link to this Site or to the Information;
  4. making use of any Information, in particular any Service results, with a commercial purpose;
  5. providing services making use of this Site or the Information, in particular the Service results, to any third party;
  6. any use of this Site or the Information, in particular the Service results, in competitive procurements or for the commercial benefit of any third party.
5.4

Whenever the Services require a paid subscription account you are not authorized to use those Services and related Information without a current, valid, fully paid subscription.

6. Copyright and Trademarks

6.1

Copyright© 2022 GMV Aerospace and Defence S.A.U.. All rights reserved. You are advised that unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner.

6.2

GMV and MagicMonitor are registered trademarks of GMV and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.

6.3

You agree that you will not use the Site or the Information to infringe GMV's Intellectual Property rights or the Intellectual Property rights of third parties. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any Information or copies thereof.

7. Links

7.1

GMV does not monitor or review the content of other party’s websites which are linked to from this Site. GMV is not responsible for third party content provided on or through this Site or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such websites and third party content, products or services.

8. Disclaimer

8.1

Except where expressly provided otherwise, the Site, and all Information provided on or through the Site, in particular the Services, are provided on an "as is" and "as available" basis. GMV expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Site and all Information provided on or through the Site. GMV makes no warranty that: (a) the Site or Information, in particular the Services, will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any Information provided on or through the site, in particular the Services, will be accurate or reliable; or (d) the quality of any Information, in particular the Services, purchased or obtained by you on or through the site will meet your expectations.

8.2

Any Information, in particular the Services, accessed, downloaded or otherwise obtained on or through the use of the site is used at your own discretion and risk. GMV shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Information. The user understands and acknowledges that Information and Services, in particular MagicMonitor®'s online services, are not to be used for any life-critical or safety- critical related use or application.

8.3

GMV reserves the right to make changes or updates to, and monitor the use of, the site and Information provided on or through the site at any time without notice.

9. Limitation of Liability

9.1

To the maximum extent permitted by the applicable law, in no event shall GMV be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site or any Information provided on or through the site, in particular the Services.

10. Termination of Use

10.1

GMV may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Information provided on or through the Site. You agree that GMV may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Information. GMV may terminate or limit your access to or use of the Site if GMV determines that you have infringed upon these Terms of Use. You agree that GMV shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Information.

11. Waiver and Severability

11.1

The failure of GMV to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable, and shall not affect or impair the remaining provisions of this Terms of Use. To this end the provisions of these Terms of Use are hereby declared to be severable.

12. Applicable Law and Jurisdiction

12.1

These Terms of Use and all matters relating to your access to, and use of, the Site and the Information, in particular the Services, provided on or through or uploaded to the Site shall be governed by the Spanish Law.

12.2

You and GMV agree to submit to the exclusive jurisdiction of, and venue in, the courts Madrid in Spain in any dispute arising out of or relating to these Terms of Use and all matters relating to your access to, and use of, the Site and the Information.