DATA PROTECTION ACT

Information submitted in application for access to the data will be made available to: The Natural Environment Research Council (NERC) and its delegated authorities, i.e. the NERC Earth Observation Data Centre and the British Atmospheric Data Centre (BADC) and their host organisation, the Council for the Central Laboratory of the Research Councils (CCLRC) for the purposes of tracking data usage and of improving the service.

DETAILS OF PRESENTATIONS AND PUBLICATIONS

Users MUST send the details of all presentations and publications, for which they have made use of data from the Facility, to the NEODC. This information is required for the Data Centre's Annual Report to the NERC and will be requested at the end of each calendar year. Presentations include those given at conferences, seminars and colloquia; publications include those appearing in books, newspapers, magazines, Masters and PhD theses, conference proceedings and papers appearing in journals.

LICENCE FOR THE USE OF COPYRIGHT SOFTWARE AND DATA

(Hierarchical Data Format Browse Software and Geometric Browse Software Airborne Remote Sensing Compact Data etc)

This Licence Agreement is made between:
Licensor: Natural Environment Research Council
Polaris House, North Star Avenue, Swindon SN2 1EU
(Hereinafter referred to as “NERC”)
and the Licensee.

Whereby, upon the Licensee indicating its acceptance of the provisions of this Licence Agreement by signing where indicated at the end of this document, it is agreed as follows:

1. THE LICENSOR SHALL:
(a) Provide a copy of its Airborne Remote Sensing campaign data (Compact Airborne Spectrographic Imager (CASI) and Daedalus 1268 Airborne Thematic Mapper (ATM) (“the Data”).
(b) Provide a copy of each of the following named software:
- the EXHDF software enables approved users to read the NERC casi and/or ATM data, provided in Hierarchical Data Format (HDF), into any processing system in a flat file format.
- the GCORR software enables approved users to geometrically rectify the NERC casi and/or ATM data, either by default parameters to the British National Grid projection or, by user selection, from a range of parameters to one of a series of map projections (“the Software”).
- Grant to the Licensee a non exclusive royalty free, non transferable licence to use the Data and the Software for a period of 5 years.
(c) It is understood that in the event that the Licensee wishes to utilise either the Data or the Software for commercial applications it will be necessary to seek prior written permission from the Licensor. The Licensor reserves the right to require the Licensee to sign a separate licence agreement which may attract a separate charge.

2. COPYRIGHT
Copyright and legal title in both the Data and the Software rest in and is the absolute property of NERC.

3. PERMITTED USERS
The Licensee upon signature and acceptance of the terms of this agreement and conditions may:-
(a) Install the Software onto and use it on a single computer which includes the CPU identified by the unique number or code (if any) shown above. The computer system should not generate more concurrent executions of the Software than the number of concurrent runs permitted in this licence agreement.
(b) Transfer the Software onto another computer provided that prior notice of the new CPU number (if applicable) is notified to the Licensor.
(c) Make full or partial copies of the Software for backup and archive purposes provided that the Licensee labels such copies clearly with NERC copyright notice.

4. RESTRICTIONS OF USE
The Licensee may not:-
(a) Load the Software into two or more computers at the same time. If the Licensee wishes to transfer the Software from one computer to another, the Licensee must erase the Software from the first hard drive before the Licensee installs it onto a second hard drive; sub-license, assign, rent, lease or transfer the licence or the Software or the Data or make or distribute copies of the Software or the Data.
(b) Translate, reverse engineer, de-compile, disassemble, modify or create derivative works based on the Software except as permitted by Law.
(c) Make copies of the Software or the Data except for backup or archival purposes as permitted hereunder.
(d) Use any backup copy of the Software (or allow anyone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective; or
(e) Copy the written materials (except as provided by this Agreement) accompanying the Software or the Data.

5. HARD COPIES
The following copies apply to hard copies (including photographs of screen displays), in whole or part based on the Data (or part thereof or derivatives thereof).
(a) Such copies must include the acknowledgement based on digital spatial data licensed from the Natural Environment Research Council ©NERC 1998.

6. DISCLAIMER
(a) The Licensor does not warrant that this Software of the Data will meet your requirements or that its operation of the Software will be uninterrupted or error free. The Licensor excludes and hereby expressly disclaims all express and implied warranties or conditions not stated herein, so far as such exclusion is or disclaimer is permitted under the applicable law. THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.

7. LIABILITY
(a) The Licensor’s liability to the Licensee for any losses shall not exceed the amount the Licensee originally paid for the Software and the Data.
(b) In no event will the Licensor be liable to the Licensee for any indirect or consequential damages even if the Licensor have been advised of the possibility of such damages. In particular, the Licensor accept no liability for any programmes or data made or stored with the Software and/or the Data nor for the costs of recovering or replacing such programmes or data.
(c) Nothing in this clause limits the Licensor’s liability to the Licensee in the event of death or personal injury resulting from the Licensor’s negligence.

8. TERMINATION
(a) The agreement and the licence hereby granted to use the Software automatically terminates if the Licensee:
(a.i) fail to comply with any provisions of this agreement; or
(a.ii) destroy the copies of the Software in the Licensee’s possession; or
(a.iii) voluntarily return the Software to the Licensor;
(a.iv) voluntarily return the Data to the Licensor.
(b) In the event of termination in accordance with clause (a), the Licensee must destroy or
delete all copies of Software from all storage media in the Licensee’s possession.

9. SEVERABILITY
In the event that any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either the Licensee or the Licensor from any relevant competent authority, the Licensor shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at the Licensor’s discretion such provision may be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect.

10. ENTIRE AGREEMENT
The Licensee has read and understands this agreement and agrees that it constitutes the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between the parties relating thereto.

11. ASSIGNMENT
This agreement is personal to the Licensee who may not assign, transfer, sub-contract or otherwise part with this agreement or any right or obligation under it without the Licensor’s prior written consent.

12. LAW AND DISPUTES
This agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose Courts shall have exclusive jurisdiction over all disputes arising in connection with this agreement. I have read and fully understand and agree to be bound by and comply with the agreement.