| AGREEMENT
No.
MO/NWP/UM5.5/
Software
-
Source code, object code, scripts, user interface, know-how. Research
-
Any project or work organised by a university, a scientific
institute or similar (private or
institutional) for non-commercial purposes only.
Purpose
-
The use to which the Data and/or Software provided under the terms
of this license is put.
The Data and/or Software
Source
code, scripts, user interface, documentation, initial data and example
experiments for validating the installation for version 5.5 of the Unified
Model.
This Agreement shall enter into force on the date of signing and
shall remain in force for three years
from:
to:
d.
The Licensee shall provide to the Met Office, free of charge,
suggested revisions to resolve problems, improve portability and improve
efficiency. 6.
PAYMENT The
License is provided free of charge. 7.
WARRANTY The
Data and/or Software has been developed and/or produced to a high
scientific standard for the purposes of the Met Office and is of a quality
appropriate to the inherent inexact nature of the science of meteorology.
No warranty is given as to the suitability of the Data and/or
Software for use by the Licensee, nor do we warrant the accuracy or
completeness of any Data and/or Software.
Example experiments provided as part of the Data and/or Software
are suitable only for validating the Licensee's installation and no
warranty is given as to the scientific validity of results obtained using
these experiments. 8.
LIABILITY & INDEMNITY
a. No
liability is accepted by the Met Office for any errors or omissions in the
Data and/or Software or associated information and/or documentation. b.
The Met Office shall have no liability to the Licensee in contract,
tort (including negligence) or otherwise arising (including without any
limitation, whether from breach of contract from the provision or
purported provision of the Data, and/or Software save in respect of death
or personal injury caused by the negligence of the Met Office. c.
The Licensee undertakes to keep the Met Office fully and
effectively indemnified against all loss, damage, claims, demands, costs
and expenses which the Met Office may incur as a result of any breach by
the Licensee of any term of this Agreement. 9.
INTELLECTUAL PROPERTY RIGHTS a.
All intellectual property rights in the Data and/or Software and
any documentation supplied by the Met Office (or its subcontractors) shall
be and remain the property of the Met Office (or its subcontractors) and
are subject to Crown Copyright protection. b.
The Licensee shall ensure that Met Office intellectual property
rights are acknowledged in any reproduction of the Data and/or Software. c.
The Licensee shall make acknowledgements to the
"Met Office" in any publication of papers, reports or
presentations arising out of the use of the Data and/or Software. d.
The Licensee shall promptly notify the Met Office of any
improvements made to any Software which is supplied to it under this
Agreement and shall assign any intellectual property rights in any
innovations or enhancements made by the Licensee to the Met Office. e.
The Licensee shall take all reasonable steps to prevent any damage
to or infringement of the Met Office intellectual property rights.
a.
The Met Office shall be entitled, without prejudice to any other
rights or remedies, to terminate this Agreement forthwith in any of the
following events, viz. where:
(i) the Licensee fails
to observe any of its obligations under this Agreement; (ii) the Licensee makes any voluntary arrangement with creditors or becomes subject to an administration order or becomes bankrupt or goes into liquidation; or a receiver is appointed over any of the Licensees assets; or the Licensee ceases or threatens to cease to carry on business; or the Met Office reasonably apprehends that any of these events are about to occur;
(iii)
there is a change of control, as defined by section 416 of the Income and
Corporation Taxes Act 1988, in the Licensee or its parent company. The
Licensee shall not, save with the written permission of the Met Office: a.
disclose to a third party any aspect of this Agreement, including
any Data and/or Software supplied thereunder.
b. use
the Data and/or Software for anything other than the Purpose. 12.
GOVERNING LAW
This Agreement shall be governed by, and construed in accordance
with, English law. Each of the
parties irrevocably submits to the exclusive jurisdiction of the English
courts. 13.
ENTIRE AGREEMENT
a. This
Agreement constitutes the entire agreement between the parties and
supersedes all prior agreements in connection with the subject matter
hereof.
b.
This Agreement may not be varied, modified or otherwise amended
except by the written agreement of the parties. WRITTEN
the hands of the parties the day and year stated below. SIGNED
this
day of
by
...........................................................................Print
Name................................................. Witnessed
by ...................................................................Print
Name..................................................
SIGNED
this
day of
by
..................................................................Print
name.............................................. Witnessed
by ...................................................................Print
Name.................................................. |