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Words in the singular shall include the plural and vice versa and words used below shall mean:
Products: The items of the Sub-seasonal To Seasonal (S2S) dataset.
ECMWF: The European Centre For Medium-Range Weather Forecasts (ECMWF) whose principal place of business is at Shinfield Park, Reading, RG2 9AX, United Kingdom.
CMA: China Meteorological Administration(CMA), No.46,Zhongguancun Nandajie,Haidian District,Beijing,China.
Direct/Batch Access: Access to the CMA systems by means of an interactive client software or API which allows the Licensee to retrieve Products.
Licensee: The person or the organisation he/she represents, whose details are contained in this registration form, authorised by the Licensor to use the Products.
Licensor: S2S project and CMA own licensors.
Third Party Users: users who are authorised by the Licensee to access and use the Products.
1. The Licensee is authorised to use on a non-exclusive basis the Products exclusively for non-commercial research and educational purposes.
2. A necessary condition for the recognition of non-commercial purposes is that all the results obtained are openly available at delivery costs only, without any delay linked to commercial objectives, and that the research itself is submitted for open publication.
3. Except as provided in Condition 5 hereinafter, the Licensee shall not reproduce, distribute, license, transfer, assign, sell, disclose or otherwise forward the Products, whether in their original form or as part of a service where the original numerical values of the Products can be accurately rebuilt from the service, to any third party, without the prior written consent of the Licensor.
4. Besides ECMWF, the most complete and up-to-date version of the Products is hosted at CMA. CMA reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter the Products at any time without notice, to address quality issues affecting the Products or for any other purposes.
5. The Licensee is discouraged from distributing the Products to third parties because of the risk of misuse and of incomplete and out-of-date versions getting into circulation. However, if the Licensee does distribute the Products to third parties, the Licensee must:
- require the Third Party User to be allowed by CMA;
- restrict the Third Party User’s use of the Products to non-commercial research and education, as defined in these Licence Terms;
- inform the Third Party User about any processing to the Products (e.g. interpolation) applied by the Licensee since receiving them from the Licensor.
6. The Licensee shall notify the Licensor if it becomes aware of any unauthorised use of the Products including by Third Party Users. If the Licensee becomes aware of any Third Party User breaching these Licence Terms, the Licensee shall terminate immediately such Third Party User’s access to the Products.
7. Supply by the Licensee of the Products in breach of this Licence Terms including supply to Third Party Users who then make unauthorised use of the Products shall be considered as a default of the Licensee and shall render the Licensee liable vis-à-vis the Licensor and shall lead, in particular, to the application of Condition 12 hereinafter.
8. All Intellectual Property Rights of the Products owned by CMA or its licensors shall remain the property of CMA or its licensors and the Licensee acknowledges the full title and ownership by CMA or its licensors of all the Products supplied.
9. The Licensee agrees to acknowledge the origin of the Products in any publication it produces via any means and arising out of the use of the Products by using the following wording: “This work is based on S2S data. S2S is a joint initiative of the World Weather Research Programme (WWRP) and the World Climate Research Programme 9.(WCRP). The original S2S database is hosted at ECMWF as an extension of the TIGGE database”. The Licensee will provide the Licensor with a copy of such publication, upon request. For dataset source, please cite: Vitart et al.,The Sub-seasonal to Seasonal (S2S) Prediction Project Database. Bull. Amer. Meteor. Soc., 98(1), 163-176. doi: http://dx.doi.org/10.1175/BAMS-D-16-0017.1
10. The Licensor makes no warranty as to the accuracy or completeness of the Products. All 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.
11. 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.
12. 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.
13. The validity, construction and performance of this agreement shall be governed by the law of China. For instance, the Meteorology Law of the People's Republic of China, the Measures on Meteorological Information and Service Management (Order of CMA No. 27), and so on.
14. 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 Beijing, China. The proceedings shall be in the Chinese language.
15. The Licensor makes no warranty with regard to the software provided to the Licensee to access the 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.
16. The Licensee acknowledges that Direct Access to the 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 Products at any time or for any period.
17. The Licensee undertakes to use identifiers, passwords and any other security information or device received from CMA for the sole purposes for which access to the CMA systems has been granted and not to make them available to third parties under any circumstances.
18. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter this agreement at any time without notice.
In additional, real-time data would be provided for the following principles:
No public access to the S2S real-time products;
Access restriction to a limited group of users;
No re-distribution of the S2S real-time products;
Use for non-commercial research purpose only;
Provision of a report to the S2S project at the end of the pilot;
Free and open data from the results on the case studies.