licenceAction.do.html
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<meta http-equiv="Content-Type" content="text/html; charset=windows-1252"><title>SIPAD LICENCE</title>
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<table border="1" cellpadding="4" cellspacing="1"><tbody><tr><td valign="top"><b>Any
physical or corporate entity wishing to order archived products
(scientific data, software ordocumentation) from the Data Centre must
previously agree to respect the following licence agreement and
conditions</b> :<br></td></tr></tbody></table><p align="center"> </p> <p align="center"><b>LICENCE FOR DATA CENTRE USERS (V1.1 ,2000/01/04)</b></p><p> </p><p>The
present agreement is required for harmonious operation of the Data
Centre, whose purpose is to provide the scientific community with data
and products from research conducted in space plasma physics. The User
is expected to respect the philosophy which permitted the foundation of
the Data Centre and shall, while exercising the rights granted to him,
agree not to break the deontological rules accepted by the scientific
community, and not to infringe in any way whatsoever the rights and
prerogatives of the licensors, CNES or CNRS.</p><h4><b><u>DEFINITIONS</u></b></h4><p>" Archived Products " are understood to be :</p><p>- scientific data related to space plasma physics, whatever the storage medium on which it is held,</p><p>- data handling or processing software, including source code and its associated documentation,</p><p>-
information products concerning the data such as, but not restricted to:
description of the instrument used to obtain the measurements, the
handling and processing of the data to generate the archived product(s),
the conditions under which the measurements were obtained, the
scientific objectives of the observations, and the auxiliary
measurements, whether essential or not.</p><p>" Licensor " is understood to be :</p><p>- any physical or corporate entity having intellectual property rights on the above-mentioned archived Products.</p><p> </p><h4><b><u>ARTICLE 1 RIGHTS GRANTED</u></b></h4><p>The
Licensor grants any User of the Plasma Physics Data Centrethe
non-exclusive right to use, modify, transform or reproduce forhis own
needs the products ordered from the Data Centre, the right to reproduce
being granted only for processing purposes. Any new product resulting
from the processing of archived products by the User may be communicated
freely by the User to third parties solely for direct use for their own
needs. In this case, the User undertakes to ensure that the third party
concerned does not communicate in any way, with or without payment,
these new products without the Licensor s written prior consent.</p><p>Finally,
any communication to third parties of archived products coming directly
from the Data Centre, and thus subject to the terms of the present
licence, is subject to the written prior agreement of the Licensor.</p><p>The
Licensor grants the User a non-exclusive right to use and copy, for his
own needs, software products and their associated documentation ordered
from the Data Centre, the right of copy being granted only for the
purposes of back-up and archiving . Any communication of these software
products and associated documentation to third parties, for whatever
purpose with or without payment, is subject to the Licensor's written
prior consent.</p><p>The User shall take all relevant steps to maintain
the Licensors rights and, in particular, shall clearly mark on
all communications and distributed documents, the name and identification
of the Licensor, and refer to the Plasma Physics Data Centre as the
service provider. It is expressly agreed that,except as for the above
mentioned rights, shall refrain from any commercial use whatsoever,
direct or indirect, of products obtained from the Data Centre.</p><p> </p><h4><u><b>ARTICLE 2 SCOPE OF THE LICENCE</b></u></h4><p>The rights thus granted apply world-wide and for all the duration of the copyright period.</p><p> </p><h4><u><b>ARTICLE 3 USER RESPONSIBILITIES</b></u></h4><p>The
User is deemed to have noted all the proprietary and copyright notices
on the medium in his possession, whether relating to archived products
and their copies made in compliance with Article 1, or to software
products and their associated documentation.</p><p>Concerning new
products which result from processing of archived products by the User,
these must reproduce the similar copyright information of the original
archived product, together with that of the User if applicable. They
shall mention "processing applied to products archived at the French
Plasma Physics Data Centre" in such a way as to be seen whenever the new
product is used.</p><p>Furthermore, and insofar as possible, the User
shall inform the Licensor of the nature and the purpose of the work
foreseen prior to use of the archived products. New archived products
and results obtained shall be covered by the terms of Article 1.</p><p> </p><h4><u><b>ARTICLE 4 - LIABILITY</b></u></h4><p>The
Copyright Holder, together with CNES and CNRS, acting as founders of the
Data Centre, will under no circumstances be held responsible for any
direct or indirect damage caused to the User by the use of archived
products from, or by services provided by, the Data Centre.</p><p>In
particular, the User understands that the archived products are made
available to him in their present form. Therefore the User refrains from
any claim of whatever kind as regards their quality,operation, use or
suitability with respect to his declared needs.Furthermore, it is
agreed that neither CNES nor CNRS can guarantee,in any way whatsoever,
the archived products with respect to the use intended by the User.</p><p>Concerning
new products which result from processing of archived products by the
User, and which are likely to be communicated to third parties, the User
shall guarantee the Licensor, along with CNES and CNRS as founders of
the Data Centre, against any liability with respect to such third
parties.</p><p> </p><h4><u><b>ARTICLE 5 - LITIGATION - APPLICABLE LAW</b></u></h4><p>The
parties shall do everything in their power to settle any conflicts or
disagreements arising through implementation of this contract. If no
friendly settlement is possible, the conflict shall be brought before
the Paris court which has jurisdiction according to French law.</p><p> </p></td>
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