Issue 3.1. Jan 2013
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING AVISO PRODUCTS
This Licence Agreement is a legal agreement between the Licensee and the CNES and sets out the terms for use of AVISO Products which will apply to the Licensee. Use of AVISO Products means that the Licensee agrees to abide by all of the terms and conditions in this Licence.
Introduction
- i. CNES and ESA operate a multi-satellite altimetric ground segment called SSALTO (Segment Sol ALTimétrie et Orbitographie) which provides level 2 geophysical altimetry products. SSALTO provides also level 3 along track products and level 4 gridded products via SSALTO/DUACS system, as well as auxiliary products used in the frame of the processing of the Level 2 products.
- ii. All the products elaborated by SSALTO and SSALTO/DUACS are available to Users via the AVISO system in charge of products access and dissemination.
- iii. AVISO Products are listed in the AVISO catalogue.
1. Interpretation and Definitions
AVISO Catalogue means the list of AVISO Products made available via the AVISO website to the Licensee at any given time;
AVISO Product(s) means those products created by SSALTO or SSALTO/DUACS made available for use via the AVISO catalogue; different types of products exist:
- Level 2: validated geophysical altimetry products. They are available free of charge in different formats depending of the satellite mission
- Level 3: along-track altimetry products as SLA (fully corrected sea level anomalies) and ADT (absolute dynamic topography). They result from an optimal cross calibration of all in-flight altimetry satellites and are available free of charge in near real time and offline.
- Level 4: gridded products resulting from optimal analysis as mapped SLA and mapped ADT. They are available free of charge for scientific studies only.
- Auxiliary products: products developed for Level 2 processing, and used as correction of altimetry heights (heights from FES tide model, Dynamic Atmospheric Correction DAC) or as reference surfaces (Mean Dynamic Topography MDT, Mean Sea Surface MSS).
Intellectual Property Rights: intellectual property rights of all kinds regardless of the form or medium stored, including :
- all patents
- rights to inventions
- copyright and related rights
- moral rights
- trademarks and service marks
- trade names and domain names
- rights in get-up
- rights to goodwill or to sue for passing off or unfair competition
- rights in designs
- rights in computer software
- database rights
- rights in confidential information (including know-how and trade secrets)
- any other rights in the nature of intellectual property rights.
in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world together with all rights of action in relation to the infringement of any of the above;
Licence means the terms and conditions of this Licence as amended from time to time;
Licensor means the owner of AVISO products (CNES);
Licensee means the individual or organization which, subject to the terms and conditions of this Licence, is permitted to use AVISO Products;
Value Added Product means a product which has been created by modifying a AVISO Product to a higher processing level which retains the original source image data and pixel structure;
Derivative Work means any product and/or information which has been derived, developed and irreversibly modified from AVISO Product(s) or Value Added Product(s) and does not retain the original pixel structure of a AVISO Product;
Commercial Use means any development of Value Added Products, Derivative work or services based on AVISO products which will contribute to a sale, a licence or any other commercial activity.
2. Licence duration
The License comes into effect from the download of the Product, by the licensee. It is granted for a period of 5 (five) years.
3. Licence permissions
3.1 For the level 2, level 3 products and auxiliary products, the Licensee is hereby granted a worldwide, non exclusive, royalty free licence, (subject to the terms and conditions of this agreement) to:
- make and use such reasonable copies of AVISO Products for internal use and back up purposes;
- modify, adapt, develop, create and distribute Value Added Products or Derivative Work from AVISO Products for any purpose.
3.2 For the level 4 products and currents from FES tide model (auxiliary value added product), the Licensee is hereby granted a worldwide, non exclusive, royalty free licence, (subject to the terms and conditions of this agreement) to:
- make and use such reasonable copies of AVISO Products for internal use and back up purposes;
- modify, adapt, develop, create and distribute Value Added Products or Derivative Work from AVISO Products for scientific purposes ONLY.
- the Licensee makes a commitment to make no commercial use of AVISO level-4 and FES 2012 currents. Commercial use of AVISO level-4 and FES 2012 currents are subject to separate agreement and licence as referred in section 11.
3.4 The Licensee makes a commitment to not distribute any AVISO Product in its original form via any media.
3.5 The Licensees will ensure that original AVISO products - or value added products or derivative works developed from AVISO Products - including publications and pictures shall credit AVISO by explicitly making mention of the originator (AVISO) in the following manner: "Generated using AVISO Products"
3.6 The Licensee will and will procure that its staff, students, contractors and agents abide by the terms and conditions of this Licence.
3.7 The Licensee will and will procure that its staff, students, contractors, agents and customers maintain such records to document and trace use of AVISO Products. The Licensee will make such records available to the AVISO system upon reasonable notice being given. This requirement will be propagated in all descending licences.
4. Intellectual Property Rights
4.1. All Intellectual Property Rights in AVISO Products belong, and will continue to belong, to CNES or its licensors.
This property is protected by the copyright under French Law and according to the terms of international conventions applicable. It is also protected by articles L 341-1 to 343-4 of the Industrial Property Code as modified by the French law dated July 1st, 1998, relating to the protection of databases and similar laws in European countries, which have transferred European directive No. 96/9, dated March 11, 1996, on the protection of databases, to their respective legislations.
4.2 All new Intellectual Property Rights created as a result of modifying or adapting AVISO Products will be owned by the Licensee.
5. Disclaimers
5.1 CNES DOES NOT WARRANT THAT AVISO PRODUCTS WILL BE FREE FROM ERRORS OR OMISSIONS AND THAT SUCH ERRORS OR OMISSIONS CAN BE RECTIFIED, OR THAT THE LICENSEE WILL HAVE UNINTERRUPTED ACCESS TO AVISO PRODUCTS.
5.2 CNES EXCLUDES ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, and OBLIGATIONS WHETHER EXPRESS OR IMPLIED BY STATUTE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Liabilities
Neither CNES, nor any other party whatsoever having participated in the preparation of the AVISO Products, can be held responsible for any damage whatsoever, direct or indirect, physical or moral, resulting from use of the AVISO Products or from incapacity to use it, nor be charged to this effect.
7. Breach of this Licence
7.1 When CNES considers that a breach of this Licence has occurred, it may at its discretion take such action as deemed appropriate. Failure to comply with the terms and conditions of the Licence Permissions constitutes a material breach of the terms of use for which the Licensee is permitted to use AVISO Products and may result in the AVISO system taking all or any of the following actions.
- Immediate, temporary or permanent withdrawal of the Licensee's right to use AVISO Products.
- Issue a warning to the Licensee.
- Legal proceedings against the Licensee for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as CNES feels is necessary or as required by law.
7.2 CNES excludes its liability for all action it may take in response to breaches of this Licence. The actions described above are not limited, and CNES may take any other action it deems appropriate. Moreover, in the case of violation of any of the above clauses, in particular those relating to commercial use and non redistribution, the Licensee shall be excluded from access to AVISO products.
8. Governing Law
8.1 This Licence will be construed and enforced in accordance with French Law in conjunction with the International Chamber of Commerce (ICC). ICC's International Court of Arbitration will have exclusive jurisdiction to deal with any dispute that arises out of or in connection with this Licence.
9. Changes to this Licence
9.1 CNES may revise this Licence at any time and will provide reasonable notice to the Licensee of any revision made.
10. Point of contact
For all information or documents exchanged during this contract the point of contact is the AVISO User service: aviso@oceanobs.com.
11. Terms and conditions for Commercial use of AVISO Level-4 products
For level 4 products and currents from FES tide model: Special Terms and Conditions, with specific licence for commercial use, can be obtained contacting CLS (Collecte Localisation Satellites) in charge of commercial dissemination of AVISO Level-4 products. For further information, the point of contact is also the AVISO User service: aviso@oceanobs.com..