(gene@seawifs.gsfc.nasa.gov) (301) 286-9428 Last updated 30 March 2000
This letter defines the terms and conditions for cooperation between NASA and the SeaWiFS Direct Readout Ground Station Operator_________________________________, herein referred to as Operator, in the SeaWiFS Program. Specifically, this agreement addresses the direct reception of SeaWiFS data by Operator at its Station located at____________________________________, herein referred to as Station, and the processing, cataloging, distribution, and use of data from the SeaWiFS instrument, which launched on August 1, 1997 on Orbital Sciences Corporation's SeaStar satellite. NASA and Orbital Sciences Corporation (OSC) have a contract which permits NASA to issue NASA Space Act Agreements for SeaWiFS data acquisition for research use only. NASA will establish procedures for authorizing scientific users to obtain SeaWiFS data. OSC will establish procedures for authorizing commercial and operational users to obtain SeaWiFS data. SeaWiFS Data are defined as original data from the SeaStar satellite, the SeaWiFS instrument, or information derived from these sources that has been processed, reconstructed, enhanced, or reproduced by NASA and/or its support contractors, grantees, and/or research users. A. NASA will use its best efforts to: 1. Provide necessary written technical information to Operator to permit acquisition of the high resolution Local Area Coverage data stream from SeaWiFS at Operator's Station. 2. Arrange with OSC for the provision of hardware, and on a delayed basis, of the codes, to permit the SeaWiFS data to be decrypted. 3. Provide algorithms and specifications for the processing of SeaWiFS data to standard Level 1 products. 4. Provide specifications for preparation of SeaWiFS catalog information to be provided to NASA/GSFC. 5. Provide Operator, on a regular basis, with a list of people authorized to obtain SeaWiFS data in accordance with the NASA SeaWiFS data policy. 6. Establish and maintain a SeaWiFS archive that will include data acquired directly by NASA, as well as selected HRPT data. 7. Establish and maintain a catalog system for all SeaWiFS data. B. Operator will use its best efforts to: 1. Establish and operate a ground station and associated processing capability to acquire (by direct broadcast), record, process, and archive SeaWiFS data. 2. Be capable of processing all acquired SeaWiFS data according to the specifications provided by NASA, to produce at least a standard Level-1 product. 3. Provide to NASA on a routine basis, free of charge, a copy of Level-1 data, unless NASA specifically waives its right to such data. 4. Provide to any user authorized by NASA such SeaWiFS data as Operator has acquired for no more than the marginal cost of filling the specific user request as defined in NASA's EOSDIS Data Pricing Policy. 5. Provide quarterly reports to NASA on all data dissemination activities, in a form to be specified by NASA. 6. Generate and provide to NASA, on a timely basis, weekly catalog updates in the format defined by NASA. 7. Ensure that no SeaWiFS data acquired at its Station are distributed to any user not specifically authorized by NASA. 8. Ensure that no SeaWiFS data acquired at its Station are disseminated outside the Operator's institution for at least 14 days after the data are acquired without explicit written permission from NASA. It is further agreed that: 1. Operator will not disseminate SeaWiFS data except to authorized SeaWiFS data users. A NASA Space Act Agreement to operate the ground Station does not give Operator the unrestricted right to use the data acquired. Operator agrees that they will not use, reproduce, or disclose the acquired SeaWiFS data for commercial or operational purposes without written permission of OSC. 2. There shall be no exchange of funds between NASA and Operator as part of this agreement. Each party is responsible for its own expenses. 3. The ability of the parties to carry out their respective responsibilities is subject to the availability of appropriated funds. 4. Each side may release public information concerning its activities under this agreement, after suitable coordination with the other party. 5. Should Operator wish to obtain a NASA Space Act Agreement for real-time access to SeaWiFS data acquired at its Station in support of near-real time purposes such as research ship cruises or operational demonstrations, Operator may propose such an arrangement to NASA in accordance with procedures that NASA will establish. 6. 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 or subcontractors. 7. Each party is obligated to transfer to the other party only those technical data and goods necessary to fulfill its responsibilities under this Agreement, subject to the following: a. In the event a party finds it necessary, in carrying out its responsibilities under this agreement, to transfer technical data that are proprietary, and for which protection is to be maintained, such technical data will be marked with a notice indicating that it shall be used and disclosed by the receiving party and its contractors and subcontractors only for the purposes of fulfilling the receiving party's responsibilities under this agreement, and that the technical data shall not be disclosed or retransferred to any other entity without prior written permission of the furnishing party. The receiving party agrees to abide by the terms of the notice, and to protect any such marked technical data from unauthorized use and disclosure. b. In the event a party finds it necessary, in carrying out its responsibilities under this agreement, to transfer technical data and goods that are export-controlled, the furnishing party shall mark or otherwise identify such technical data and goods with a notice or identification, indicating that such technical data and goods shall be used by the receiving party and its contractors and subcontractors only for the purposes of fulfilling the receiving party's responsibilities under this agreement. The notice shall also provide that such technical data and goods shall not be used by any other entity without prior written permission of the furnishing party. The parties agree to abide by the terms of the notice or identification and to protect any such marked technical data and identified goods. c. The parties are under no obligation to protect any unmarked technical data or unidentified goods. 8. NASA and Operator agree that neither Party shall make claim or bring action against each other or the other Party's related entities (e.g., contractors and subcontractors) for death or injury to their employees or employees of their related entities, or for damage to their property or property of their related entities arising out of or connected with activities of this agreement, except in the case of willful misconduct. 9. Neither NASA nor OSC guarantee data continuity and they do not guarantee the quality or availability of any data during the flight of the SeaWiFS instrument on the SeaStar spacecraft. For this reason, neither NASA nor OSC warrant the suitability of SeaWiFS data for any particular purpose. 10. NASA and Operator will use their best efforts to arrange for free customs clearance of any equipment and data required for this activity. 11. NASA and Operator intend that this agreement remain in effect for a period of five years from the launch of the SeaStar spacecraft carrying the SeaWiFS instrument, and may be subject to extension by mutual written agreement. Either party may terminate this agreement for any reason by submitting its written intention to the other, and will make its best efforts to inform the other six months prior to the desired termination date. If Operator fails to perform its responsibilities under this agreement as determined by NASA, NASA may terminate this agreement immediately and discontinue providing Operator with access to SeaWiFS data. If these terms and conditions are acceptable to Operator, we propose that execution of this document, together with your affirmative reply, shall constitute an agreement to proceed with this cooperative activity. Signatures: _______________________________________ Operator _______________________________________ Authorized Institutional Officer _______________________________________ Authorized Agency Representative (non-U.S. only) CONTACT INFORMATION: _____________________________________ Full Name _____________________________________ Mailing Address _____________________________________ _____________________________________ _____________________________________ E-mail address _____________________________________ Telephone _____________________________________ FAX Number _____________________________________ Receiving Station Status (Operational/Non-Operational)
Mail signed form to:
Dr. Charles McClain
SeaWiFS Project
Code 970.2/Bldg. 28 Rm. W108
NASA/Goddard Space Flight Center
Greenbelt, MD 20771 USA
Attention: Ground Station Agreement