(gene@seawifs.gsfc.nasa.gov) (301) 286-9428 Last updated 30 March 2000
NASA will furnish SeaWiFS data, either directly, or indirectly through a NASA-designated ground data processing and archive facility, to members of the SeaWiFS Science Team selected in response to a NASA Research Announcement, to other researchers who may be selected by NASA on the basis of a SeaWiFS data use request submitted to NASA, and to NASA contractors, as necessary. SeaWiFS Data are defined as original data from the SeaStar satellite, the SeaWiFS instrument, or information derived from these sources which has been processed, reconstructed, enhanced, or reproduced by NASA and/or its support contractors, grantees, and/or research users. NASA receives the right to use SeaWiFS data under contract with Orbital Sciences Corporation (OSC), with the express limitation that these data will not be used, reproduced, or disclosed for commercial or operational purposes without permission of OSC. The Individual SeaWiFS Data User__________________________, herein referred to as User, is authorized to use, reproduce, and disclose SeaWiFS data and any information processed, reconstructed, derived, enhanced or, reproduced from such data solely for research purposes authorized by NASA. As the overall consideration for the opportunity to use SeaWiFS data for research purposes, Individual SeaWiFS Data User agrees to the following terms and conditions: 1. If requested, the User will provide to NASA a copy of all products derived from SeaWiFS data and algorithms directly used to process the data. 2. The User will make available to the scientific community the results of SeaWiFS investigations through publication in appropriate journals or other established channels as soon as practicable and consistent with good scientific practice. Copies of reports or publications shall be furnished to NASA. If the reports or publications are copyrighted, NASA and OSC will have a royalty-free right under the copyright to reproduce, distribute, and use the copyrighted works for their purposes. 3. SeaWiFS data and any information processed, reconstructed, derived, enhanced, or reproduced from such data may be used, reproduced, and disclosed only for the purpose of NASA authorized research; and will not be used, reproduced, or disclosed for commercial or operational purposes, without the written permission of OSC. OSC is a third-party beneficiary of this agreement. Accordingly, in the event of the breach or threatened breach of this agreement by the Individual SeaWiFS Data User, OSC is entitled to suspend or cancel the right to receive SeaWiFS data, and may exercise all other applicable legal remedies, including seeking injunctive relief. 4. Nothing in this agreement shall be construed as granting or implying any rights to, or interest in, patents or inventions of the Parties, or their contractors, subcontractors, or co-investigators (as appropriate). 5. This agreement covers all data in the User's possession that are less than five years old. Data become public domain five years after capture. 6. Commercial uses prohibited under this agreement involve the sale or resale of the SeaWiFS data and all SeaWiFS-derived data. Operational uses prohibited under this agreement involve the use of the SeaWiFS data and all SeaWiFS derived data during the two week period after the data are acquired, other than as specifically authorized by NASA. _________________________________________ ____________________ Signature of Individual SeaWiFS Data User Date _________________________________________ Full Name _________________________________________ Mailing Address _________________________________________ _________________________________________ _________________________________________ E-mail address _________________________________________ Telephone _________________________________________ FAX NumberMail signed form to:
Dr. Charles R. McClain
SeaWiFS Project
Code 614.8/Bldg. 28 Rm. W108
NASA/Goddard Space Flight Center
Greenbelt, MD 20771 USA
USA
Attention: Data Use Agreement