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Meteorological Office (UKMO) data supplied
through NERC Data Centres to bona fide research programmes.
Conditions of Use
Arrangements have been set in place whereby bona fide academic researchers
working on agreed NERC-endorsed scientific programmes may obtain access on
favourable terms to UKMO data (and associated software). To streamline the
process, UKMO is providing relevant datasets / software 'wholesale' to NERC
and NERC will then undertake the subsequent sublicensing and distribution
to individual scientists.
The British Atmospheric Data Centre and the British Oceanographic Data
Centre will handle requirements for the atmospheric and oceanographic user
communities respectively. Requests for UKMO data / software should
therefore be sent to the appropriate Data Centre and not directly to UKMO.
UKMO data / software so obtained may be used solely for the purpose for
which they were supplied. They may not be used for any
other projects unless specific prior permission has been obtained in
writing from the UKMO by a NERC Data Centre. Note that this applies even
for other bona fide academic work.
UKMO does not discourage the use of its data for commercial applications,
but different licensing arrangements and charges will apply. Should any
commercial prospects emerge subsequent to the original supply of the
data, the licensing position must be clarified, and any appropriate fees
negotiated with UKMO before such prospects are followed up.
Data sets must not be passed on to third parties under any
circumstances. Any scientist requiring data which happens to have been
supplied already to someone else, even within the same institute or
programme of research, must first approach one of the NERC Data
Centres, who have agreed to maintain records of data users for UKMO.
Once the project work using the data has been completed, copies of the datasets and software held by the end user should be deleted, unless permission has been obtained for them to be retained for some alternative use.
It is to be expected that 'bona fide academic research' using the data will eventually result in scientific publications in the open literature. The Data Centres will request details of such publications in due course, and if they do not arise UKMO may seek further evidence that this was at least the intention at the outset of the research. Scientific papers must give due credit to UKMO, either through acknowledgement or, if the data provide a significant basis of the work, co-authorship. Any processed / derived datasets resulting from the project should be made available to the appropriate NERC Data Centre for licensing / transfer to other researchers and the UKMO.
The copyright / intellectual property rights of any data, software,
information or documentation so supplied by UKMO in support of such a
programme are retained by the original owner (generally the UKMO or its
subcontractors). UKMO will protect its IPR by legal action if there is
misuse of these rights such as the passing on of data to other third
parties. NERC recognises that some data holdings supplied by UKMO
under the arrangements are commercially valuable : the recipients of
data are under an obligation to respect the terms and conditions of data
supply, and to have regard to the security of datasets entrusted to them.
Any infringement, whether by deliberate abuse or negligence, will be
regarded extremely seriously by NERC, as endangering Council's own
reputation and the integrity of the NERC supported scientific community.
The introduction of sanctions against individuals or Departments may be
considered if breaches occur.
Warranty and Liability :
The data were originally collected for the purposes of UKMO, and no warranty is given as to their suitability for use by the recipient.
NERC and its subcontractors shall have no liability for any loss, damage, claim, demand, cost or expense directly or indirectly arising from any use, receipt or supply of data under this agreement.
The User undertakes to keep NERC fully and effectively indemnified against all losses, damages, claims, demands, costs and expenses which NERC or its subcontractors may incur as a result of any breach by the User of any term contained within the Agreement between UKMO and NERC.
NERC shall have no liability to the User or any third party for loss of
profits or revenue, or loss of use or abortive expenditure, or death or
injury, or any other indirect or consequential loss however arising
(including, without any limitation, whether from breach of contract),
except for death or personal injury caused by the negligence of NERC.
Any additional, or interest, charges incurred by NERC as part of the
Agreement with UKMO will be passed on to the User if they occur as a
consequence of delayed payment to NERC or its subcontractors.