Words in the singular shall include the plural and vice versa and words used below shall mean:
- Archive Products: The items of the ECMWF archive catalogue.
- ECMWF: The European Centre For Medium-Range Weather Forecasts (ECMWF) whose principal place of business is at Shinfield Park, Reading, RG2 9AX, United Kingdom.
- Direct Access: Access to the ECMWF systems by means of an interactive client software which allows the Licensee to retrieve Archive Products.
- Licensee: The person or the organisation he/she represents, authorised by the Licensor to use the Archive Products.
- Licensor: The European Centre For Medium-Range Weather Forecasts (ECMWF) whose principal place of business is at Shinfield Park, Reading, RG2 9AX, United Kingdom.
- The Licensee is authorised to use on a non-exclusive basis the Archive Products for its own purposes, including research, education and activities for commercial gain.
- The Licensee shall not reproduce, distribute, license, transfer, assign, sell, disclose or otherwise forward the Archive Products, whether in their original form or as part of a service where the original numerical values of the Archive Products can be accurately rebuilt from the service, to any third party, without the prior written consent of the Licensor.
- The Licensee shall not use, store or deal with the Archive Products in any way which contradicts the authorised use indicated in Condition 1 and/or the exclusions indicated in Condition 2 without the Licensor's prior written consent. The Licensee shall notify the Licensor if it becomes aware of any unauthorised use of the Archive Products.
- All Intellectual Property Rights of the Archive Products owned by ECMWF or its licensors shall remain the property of ECMWF or its licensors and the Licensee acknowledges the full title and ownership by ECMWF or its licensors of all the Archive Products supplied.
- The Licensee agrees to acknowledge the origin of the Archive Products in any scientific publication arising out of the use of the Archive Products. It will provide the Licensor a copy of such publication, upon request.
- The Licensor makes no warranty as to the accuracy or completeness of the Archive Products. All Archive Products are 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.
- Neither party shall be liable to the other under any cause of action for any loss of profit or loss of revenue (whether direct or indirect); any indirect loss; loss of goodwill, reputation or opportunity; or any loss of or corruption of data however so arising out of or in connection with this agreement whether or not that party had been informed of or was aware that there was a serious possibility of such loss.
- The Licensor may terminate this Licence if the Licensee fails to remedy any breach of its obligations under this agreement within 30 days of notice from the Licensor, requesting the Licensee to remedy such breach.
- The validity, construction and performance of this agreement shall be
governed by the law of England. In the event of a dispute arising in
connection with this agreement, the Parties shall attempt to settle
their differences in an amicable manner; in the event that 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; unless
otherwise agreed in writing, the arbitrators shall sit in London,
England. The proceedings shall be in the English language. In accordance
with Sections 45 and 69 of the Arbitration Act 1996, the right of appeal
by either Party to the English 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.
- The Licensor makes no warranty with regard to the software provided to the Licensee to access the Archive 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.
- The Licensee acknowledges that Direct Access to the Archive 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 Archive Products at any time or for any period.
- The Licensee undertakes to use identifiers, passwords and any other security information or device received from ECMWF for the sole purposes for which access to the ECMWF systems has been granted and not to make them available to third parties under any circumstances.
- ECMWF reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter the Archive Products at any time without notice.
- The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter this agreement at any time without notice.
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