“Ypsilon” means the regional and national Yield forecast and Harvest pace which services are developed by Vista-Geo based on publicly available satellite images, public meteorological data of the last ten years and Promet (being a hydro-agroecological model for field-scale simulation of heterogeneous crop growth and yield).
The Terms constitute a legal agreement between you and Vista-Geo and govern all use of this website, including the use of Ypsilon. Access to and use of any other site, product or service, including those referenced herein or linked to from this site, are governed by the terms of the Subscriber Agreement or other agreement related to Ypsilon or site. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these Terms, please do not use this site.
Please review our privacy statement for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website.
The technology and content of Ypsilon as published on this website are owned by Vista-Geo and protected by European and international intellectual property laws. Vista-Geo retains all proprietary rights to the content and technology of Ypsilon.
By offering this website for use of Ypsilon, we provide you with a worldwide, nonexclusive, non-transferable, revocable, limited license to access and use of Ypsilon on this website, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, Vista-Geo does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
By accessing, browsing, or using this website, you agree to the following restrictions:
Vista-Geo provides this website and Ypsilon "as is," without warranty of any kind, express or implied, including, but not limited to:
By accessing, browsing, or using this website, you acknowledge that
In no event will Vista-Geo be liable, in contract, tort, strict liability, or otherwise, for indirect, incidental, special, punitive, or consequential damages of any kind arising out of, or in connection with use of this website and the use of Ypsilon, whether or not Vista-Geo has been advised of the possibility of such damage;
The information and services on this website are not intended to and shall not be used as legal advice. No attorney-client relationship is formed. You use Ypsilon, and any other content, information, and services on this website at your own risk.
This webiste may provide links to other third-party World Wide Web sites or resources. Vista-Geo makes no representations whatsoever about any other web site which you may access through this Site. Because Vista-Geo has no control over such sites and resources, you acknowledge and agree that Vista-Geo is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Vista-Geo makes no representation or warranty as to any third-party content, products or services, and you agree that Vista-Geo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
This website requires you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.
You acknowledge and agree that Vista-Geo, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, Vista-Geo shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.
You agree to indemnify, defend, and hold Vista-Geo and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.
These Terms are governed by and construed in accordance with the laws of Germany, and any action arising out of or relating to these Terms shall be filed only to the courts in Munich, Germany, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
If you have any questions about these Terms, or about the content, information, or services on this website, you may contact us using any of the methods described on our contact us page.
Vista GmbH, a limited liability company, incorporated and existing in accordance with the laws of Germany, having its registered office at Gabelsbergerstr. 51, München, Germany, being the provider of Ypsilon, hereinafter referred to as "Vista";
The receiver of Ypsilon hereinafter referred to as “Service Receiver“ or “SR”:
Vista agrees to provide the data and services to SR described in paragraph 1 hereof, and SR subscribes to such data and services in accordance with this Agreement.
Ypsilon provided hereunder (the “Services”) shall consist of a nonexclusive and non-transferable right to use the Ypsilon service information, data, and software.
If SR or any of its employees, representatives or affiliates breaches or threatens to breach any provision of this Agreement, Vista shall be entitled to injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Vista from pursuing any action or other remedy for any breach or threatened breach of this Agreement, all of which shall be cumulative. If Vista prevails in any such action, Vista shall be entitled to recover from SR all reasonable costs, expenses and attorneys’ fees incurred in connection therewith. As reasonable protection of the proprietary rights of Vista and others in the information provided through Ypsilon and Equipment, to avoid breach of Vista obligations to providers of such information, and to avoid unnecessary uncertainty, burden, and expense for all parties, SR acknowledges and agrees that the dissemination or distribution by SR of information identical or similar to that provided through Ypsilon and the Equipment shall be deemed a breach of the terms of paragraphs 9(a) through 9(d) hereof and shall give rise to an immediate right of Vista to terminate this Agreement or any portion of Ypsilon provided hereunder.
SR recognizes that (i) Vista, (ii) its Affiliated Companies, (iii) the respective partners, and suppliers of Vista and its Affiliated Companies, and (iv) the respective affiliates of the entities covered in subparagraph (iii) ((iii) and (iv) together, the “Covered Entities”), each have rights with respect to Ypsilon, including the software, data, information and other items provided by Vista and its Affiliated Companies by reason of SR’s use of Ypsilon. Paragraphs 5 and 6 hereto shall be for the benefit of Vista, its Affiliated Companies, the Covered Entities and the respective affiliates. The term “Vista” as used in paragraphs 5 and 6 hereto includes Vista, its Affiliated Companies and the Covered Entities.
SR shall have the right to assign this Agreement or the rights hereunder only with the written consent of Vista which, in the case of an assignment by SR to any of its affiliates that are in substantially the same business as SR, shall not be unreasonably withheld.
No changes, modifications or waivers regarding this Agreement shall be binding unless in writing and signed by the parties hereto.
Vista and SR intend this Agreement to be a valid legal instrument. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. The invalid provision shall be reformed to the minimum extent necessary to correct any invalidity while preserving to the maximum extent the rights and commercial expectations of the parties. The headings in this Agreement are intended for convenience of reference and shall not affect its interpretation.
This Agreement shall be governed by and construed in accordance with the laws of the Germany. The parties hereto, their successors and assigns, agree to submit to the exclusive jurisdiction of the competent court in Munich.
Paragraphs 4, 5, 6, 7, 11 and 12 hereof shall survive the termination of this Agreement and shall continue in full force and effect.