LICENCE FOR DATA CENTRE USERS (V1.1 ,2000/01/04)

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.

DEFINITIONS

" Archived Products " are understood to be :

- scientific data related to space plasma physics, whatever the storage medium on which it is held,

- data handling or processing software, including source code and its associated documentation,

- 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.

" Licensor " is understood to be :

- any physical or corporate entity having intellectual property rights on the above-mentioned archived Products.

ARTICLE 1 RIGHTS GRANTED

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.

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.

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.

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.

ARTICLE 2 SCOPE OF THE LICENCE

The rights thus granted apply world-wide and for all the duration of the copyright period.

ARTICLE 3 USER RESPONSIBILITIES

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.

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.

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.

ARTICLE 4 - LIABILITY

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.

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.

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.

ARTICLE 5 - LITIGATION - APPLICABLE LAW

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.