END USER LICENSE AGREEMENT

ECMWF Products

  1. Qualified Project End Users. In order to access the European Centre for Medium-Range Weather Forecast Products ("ECMWF Products") solely for research and educational purposes in the DYNAMO international field campaign (the "Project"), "You," as a qualified Project End User, must review and agree to the terms and conditions set forth in this Agreement, by formal acceptance at the end of the Agreement.

  2. Scope of Use. The University Corporation for Atmospheric Research (UCAR) hereby permits you non-exclusive access to the following ECMWF Products: real-time meteorological information that results from the transformation or processing of data sets by the ECMWF forecasting system in the form of pictures, charts, text or data files, and has been prepared specifically to meet the operational requirements of a National Meteorological Service and/or web products from product set VII of the ECMWF Catalogue. You may use these ECMWF Products only in the context of the Project for the following activities:

    1. planning of observing missions and data analysis;
    2. to run a high-resolution regional model to support the aircraft operation;
    3. to provide plots for aircraft and radar operations and MJO index plots; and
    4. for a post-experiment study and to support post-experiment limited area simulations.

    You agree not to use such the ECMWF Products for any other purpose whatsoever.

    The European Centre for Medium-Range Weather Forecasts (ECMWF) is a third party beneficiary of this Agreement and may enforce its terms in any court having jurisdiction. However, ECMWF has no obligations to you under this Agreement. You agree to acknowledge ECMWF as the origin of the data in any scientific publication arising out of use of the data and further agree to provide ECMWF with a copy of the publication, upon request.

  3. Restriction on Use. You shall not reproduce, distribute, redistribute, publish, license, transfer, assign, sell, disclose to or otherwise forward the ECMWF Products or any associated data, software, documentation or other information to any third party, including subsidiary companies, without the prior written consent of ECMWF. Other qualified Project End Users who have agreed to these terms and conditions are an exception to this restriction on use.

  4. Termination. This Agreement automatically terminates at the end of the Project. You may also terminate this Agreement at any time and UCAR may terminate it upon 30-days written notice to You. UCAR may also terminate this Agreement and your access immediately if you violate any of the terms of this Agreement. Sections 3 through 7 of this Agreement shall survive such termination.

  5. NO WARRANTIES. THE ECMWF PRODUCTS AND DATA, ARE PROVIDED "AS IS, WHERE IS, WITH ALL FAULTS." ECMWF AND THE UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCH (UCAR) AND ECMWF HEREBY NEGATE AND EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ECMWF PRODUCTS AND DATA, INCLUDING, WITHOUT LIMITATION, ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ITS AVAILABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, COMPLETENESS, QUALITY OR USEFULNESS. YOU ACKNOWLEDGE THAT ANY USE OF AND/OR RELIANCE ON THE DATA IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ECMWF OR UCAR BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOST REVENUE, PROFIT OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE ECMWF PRODUCTS OR DATA.

  6. Hold Harmless. You accept all responsibility and liability for use of the ECMWF Products and Data, and You agree to hold ECMWF and UCAR harmless from any claims, losses or damages, including legal fees, resulting from Your use of the ECMWF Products and Data.

    I accept and agree to these terms. Further, I represent and warrant that I have full right, power and authority to enter into this Agreement and to execute this Agreement for and on behalf of myself and my employer.