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Licence terms for MACC-II products

Interpretation

Words in the singular shall include the plural and vice versa and words used below shall mean:

• MACC-II: the European project "Monitoring Atmospheric Composition and Climate - Interim Implementation" funded under the European Union's Seventh Framework Programme (FP7 THEME [SPA.2011.1.5-02]) under grant agreement n.283576;

• MACC-II Consortium: all the members from time to time of the consortium which generates MACC-II Products;

• MACC-II Products: any product in the MACC-II Product Portfolio, which the Licensee accesses under these licence terms;

• Direct Access: Access which enables the Licensee to retrieve the MACC-II Products hosted by the Licensor by means of interactive client software;

• Host: the relevant member of the MACC-II Consortium, which hosts the particular MACC-II products as identified in the MACC-II Product Portfolio for each product;

• Licensee: The person or the organisation he/she represents, authorised by the Licensor to use the MACC-II Products pursuant to these licence terms; and

• Licensor: The Host acting on its own behalf and/or on behalf of relevant members of the MACC-II Consortium.

Conditions

1. The Licensee is authorised to use on a non-exclusive basis the MACC-II Products for its own purposes, including research, education and activities for commercial gain.

2. The Licensee shall not reproduce, distribute, license, transfer, assign, sell, disclose or otherwise forward the MACC-II Products, whether in their original form nor use the MACC-II Products to provide a service to any third party, where the original numerical values of the MACC-II Products can be accurately rebuilt from such service, without the prior written consent of the Licensor.

3. The Licensee shall not use, store or deal with the MACC-II Products in any way which conflicts with the authorised use indicated in Condition 1 and/or the restrictions indicated in Condition 2 without the Licensor's prior written consent. The Licensee shall notify the Licensor immediately if it becomes aware of any unauthorised use of the MACC-II Products.

4. The Licensee acknowledges that all intellectual property rights in the MACC-II Products shall remain the property of the Licensor and/or members of the MACC-II Consortium.

5. The Licensee agrees to acknowledge the origin of the MACC-II Products in any publication arising out of the Licensee's use of the MACC-II Products. It will provide the Licensor a copy of such publication, upon request.

6. The Licensor makes no warranty as to the accuracy or completeness of the MACC-II Products. All MACC-II Products are provided on an "as is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, quality, or fitness for a particular purpose. The Licensee assumes any risks associated with the exercise of the rights granted to it under these licence terms. No support of any kind is provided by the Licensor. Any warranty implied by statute or otherwise is hereby excluded from these licence terms to the fullest extent permissible by law.

7. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law, shall the Licensor or any member of MACC-II Consortium be liable to the Licensee for damages, including any direct, indirect, special, incidental, or consequential damages of any kind arising as a result of these licence terms or out of the use or inability to use the MACC-II Products (including but not limited to damages for loss of profits, loss of data or loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if the Licensor has been advised of the possibility of such damages. .

8. The Licensor may terminate the licence granted under these licence terms if the Licensee fails to remedy any breach of its obligations under these licence terms within 30 days of notice from the Licensor, requesting the Licensee to remedy such breach.

9. These licence terms shall be construed in accordance with the law of Belgium. In the event of a dispute arising in connection with these licence terms, the parties shall attempt to settle their differences in an amicable manner. If any dispute cannot be so settled, it shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said rules sitting in Brussels, Belgium. The proceedings shall be in the English language. The right of appeal by either party to the Belgian Courts on a question of law arising in the course of any arbitral proceedings or out of an award made in any arbitral proceedings is hereby agreed to be excluded.

10. The Licensor makes no warranty with regard to the software provided to the Licensee to access the MACC-II Products. The software is provided on an "as is" basis. Any warranty implied by statute or otherwise is hereby excluded from this agreement to the fullest extent permissible by law.

11. The Licensee acknowledges that Direct Access to the MACC-II Products may be unavailable, delayed or interrupted. The Licensor takes no responsibility for, and will not be liable for, any unavailability, delay or interruption in Direct Access to the MACC-II Products at any time or for any period.

12. The Licensee undertakes to use identifiers, passwords and any other security information or device received from the Licensor for the sole purpose of Direct Access and shall not make them available to third parties under any circumstances.

13. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter the MACC-II Products at any time, including at the time funding for MACC-II ceases, without notice.

14. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter these licence terms at any time, including at the time funding for MACC-II ceases, without notice.