This licence agreement ("Licence") is a legal agreement between you ("Licensee") and the Met Office, whose principal place of business is at FitzRoy Road, Exeter, Devon, EX1 3PB, United Kingdom ("Met Office"), governing your use of the OSTIA Data.

BY DOWNLOADING ANY DATA FROM THIS WEBSITE AND/OR COMPLETING THE ONLINE REGISTRATION FORM MADE AVAILABLE ON THIS WEBSITE AND/OR TICKING THE "I AGREE" BOX ON THIS WEBSITE YOU AGREE TO THE TERMS OF THIS LICENCE AGREEMENT WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT THEN THE MET OFFICE IS UNWILLING TO LICENCE THE DATA TO YOU AND YOU MAY NOT DOWNLOAD ANY DATA FROM THIS WEBSITE, MUST DISCONTINUE ANY DOWNLOADS ALREADY BEGUN AND MUST ERASE FROM YOUR COMPUTER SYSTEMS ANY DATA ALREADY DOWNLOADED FROM THIS WEBSITE.

1. Recitals

Whereas:

1.1 The Met Office is the owner of the Intellectual Property Rights or is duly licensed to use the Intellectual Property Rights in the Data.

1.2 The Met Office is an Executive Agency of the Ministry of Defence for the United Kingdom of Great Britain and Northern Ireland and has Crown Status. Material produced by officers or servants of the Crown in the course of their duties is protected by Crown Copyright. Copyright can also be assigned or transferred to the Crown. Her Majesty the Queen is the first owner of all Crown Copyrights.

1.3 The Met Office has delegated authority from the Controller of Her Majesty's Stationery Office (HMSO) to grant licences for exploitation of UK Crown Copyright works.

2. Definitions

3. Licence Permissions

3.1 This Licence is provided free of charge.

3.2 The Met Office grants to the Licensee an organisation-wide, multiple-use, non-transferable, non-exclusive licence to use the following Data:

A once-a-day run of the of the real-time global high-resolution OSTIA data-set

3.3 Subject to the Conditions herein, the Licensee may:

3.3.1 copy and store the Data, both on the Licensee's computer system and at its site notified to the Met Office in writing on the date of this Licence;

3.3.2 redistribute without charge the original OSTIA products to third parties except by means of Uncontrolled Redistribution;

3.3.3 create value added or derivative products;

3.3.4 subject to Clause 9, licence value-added or derivative products to third parties.

4. Licence Restrictions

4.1 Save as expressly provided for by Clause 3.3 above, the Licensee may not: let; lease; sub-licence; distribute; assign; share; sell; or electronically transfer the Data over a network to another computer system or otherwise transfer any rights to the Data without the express written permission of the Met Office.

5. Term

5.1 This licence remains in effect unless and until terminated under Clause 10.

6. Delivery

6.1 The Met Office shall make available to the Licensee, via FTP or HTTP access, the Data specified in Clause 3.2 above for the Licensee to use in accordance with these Conditions.

6.2 The Licensee accepts and acknowledges that the Met Office may periodically overwrite any Data placed on the FTP and HTTP servers. The Licensee accepts sole responsibility for collecting any required Data from the servers before such Data is overwritten by the Met Office.

6.3 The Licensee accepts and acknowledges that the Met Office shall produce and provide the Data on a reasonable endeavours basis only.

6.4 In particular, the Licensee accepts and acknowledges that the operation of the FTP and/or HTTP severs and any associated websites may not be uninterrupted and that the Met Office reserves the right to modify, interrupt or terminate the operation of, or access to, the FTP and/or HTTP servers and any associated websites at any time, without advance notice, for any reasonable cause including, without limitation, scheduled or unscheduled service and support work and Ministry of Defence security grounds.

7. Licensee Obligations

7.1 The Licensee shall not do anything that may bring the name of the Met Office into disrepute.

8. Warranty

The Met Office warrants that to the best of its knowledge and belief it is the owner of the Intellectual Property Rights in the Data or that it is duly licensed to use the Intellectual Property Rights in the Data and that the use of the Data as contemplated by this Licence does not infringe any Intellectual Property Rights or other proprietary rights of any natural or legal person.

THE DATA IS SUPPLIED AND USED ENTIRELY AT THE RISK OF THE LICENSEE.

THE MET OFFICE DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS AND PROMISES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR THE PURPOSE. NEITHER DOES THE MET OFFICE MAKE ANY REPRESENTATIONS AS TO COMPATIBILITY WITH THE LICENSEE'S COMPUTER OPERATING SYSTEMS AND PLATFORMS.

IN NO EVENT DOES THE MET OFFICE WARRANT OR UNDERTAKE THAT THE DATA OR RELATED DOCUMENTATION SHALL SATISFY THE LICENSEE'S REQUIREMENTS, OR THAT THE DATA OR DOCUMENTATION SHALL BE WITHOUT ERRORS OR DEFECTS.

9. Intellectual Property Rights

9.1 Nothing in these Conditions transfers to the Licensee the copyright or any other Intellectual Property Rights in the Data, know-how, techniques, or methodologies supplied by the Met Office (or its contractors), the ownership of which remains absolutely with the Met Office (on behalf of the British Crown).

9.2 The Licensee shall take all reasonable steps to prevent any damage to or infringement of the Met Office's Intellectual Property Rights.

9.3 The Licensee shall make acknowledgement to the "Met Office" in any reproduction of data, publication of papers, reports, literature to customers, or presentations arising out of the use of the Data using the following acknowledgement:

"Data supplied by the Met Office"

9.4 The Licensee shall make acknowledgement to the "Met Office" in any derivative products licensed to third parties using the following acknowledgement:

"This product has been derived from Met Office data"

9.5 The Licensee shall reproduce on any copy of the Data the Met Office's copyright and trade mark notices using the following acknowledgement:

© British Crown Copyright [followed by year in which the work was first published], Met Office.

9.6 The words "Met Office" and the Met Office device and logos are registered trademarks in the United Kingdom, the European Union, the United States of America and other countries. Unless the Licensee has obtained the Met Office's prior written consent, the Licensee shall not use any trademark, service mark, logo or any corporate or business name of the Met Office unless required to do so by any other Condition of this Licence.

9.7 The Met Office trademarks and any goodwill subsisting in them shall at all times remain the property of the Met Office, and all goodwill and market reputation in the trademarks deriving from the operation of this Licence shall accrue to the Met Office and not to the Licensee.

9.8 The Licensee shall effect and maintain adequate security measures to safeguard the Data from access or use by any unauthorised person. The Licensee shall notify the Met Office immediately if the Licensee becomes aware of any unauthorised use of the Data by anyone or of any actual or potential infringement of the Met Office's Intellectual Property Rights in the Data. The Licensee shall permit the Met Office at any time to check that the use of the Data is in accordance with these Conditions.

9.9 Ownership of the output resulting from use of the Data rests with the Licensee; unless the Met Office's or any third party's Intellectual Property Rights take precedence.

10. Termination

10.1 Notwithstanding anything else contained in these Conditions, the Met Office may, at its option, suspend or terminate the Licence immediately on giving notice to the Licensee if:

10.1.1 the Licensee commits any material breach of its obligations under this Licence and, in the case of a material breach which is capable of being remedied, has failed within a reasonable period to remedy the breach after the Met Office has requested the Licensee, in writing, to remedy the breach;

10.1.2 the Licensee commits any non-material breach of any of these Conditions and, in the case of a breach which is not persistent and which is capable of being remedied, has failed, within 7 days after the Met Office has requested the Licensee, in writing, to remedy the breach;

10.1.3 the Licensee has a receiver or administrative receiver appointed over any part of its undertaking or assets, or the Licensee passes a resolution for winding-up (except for the purpose of a bona fide scheme of solvent amalgamation or reconstruction), or if a court of competent jurisdiction makes an order to that effect, or if the Licensee becomes insolvent or subject to an administration order, or if the Licensee enters into any voluntary arrangement with its creditors, or if any similar process to any of the above is begun, or if the Licensee ceases or threatens to cease to carry on business or research.

10.2 Should the Met Office terminate the Licence for breach of Condition, the Licensee shall remain liable to pay any expenses the Met Office may have incurred or have agreed to incur in connection with this Licence.

10.3 Subject to Clause 10.1, the Met Office may terminate the Licence subject to giving thirty (30) days notice in writing to the Licensee.

10.4 The Licensee may terminate the Licence, subject to giving thirty (30) days notice in writing to the Met Office.

10.5 Notwithstanding any other provision of this Licence, the Met Office reserves the right to refuse a Licence or terminate an existing Licence immediately on Ministry of Defence security grounds.

10.6 The termination or expiry of this Licence for any reason shall not affect any accrued rights or liabilities which either the Licensee or the Met Office have, nor shall it affect the coming into force or the continuance in force of any of these Conditions which is expressly, or by implication, intended to come into or to continue in force on or after termination.

10.7 Termination of this Licence for whatever reason shall not relieve either party of any obligation which is intended to continue after termination.

10.8 Upon termination of this Licence pursuant to this Clause 10, the Licensee shall either return or destroy the Data and shall erase all copies of the Data under his/her control and stored on any medium.

11. Liability

11.1 Nothing in this Licence shall exclude liability for death or personal injury resulting from the negligence of either party, its employees, agents, or sub-contractors.

11.2 The Licensee shall keep the Met Office fully and effectually indemnified against all actions, claims, proceedings, costs and/or damages, together with all legal costs or expenses that the Met Office may incur as a result of licensing with the Licensee, including but not limited to:

11.2.1 any claim of infringement of Intellectual Property Rights; or

11.2.2 any other claim by a third party made against the Licensee resulting from the use or modification of the Data by the Licensee; or

11.2.3 the Licensee's negligent or unlawful acts or omissions, or its wilful misconduct.

This indemnity shall not apply to the extent that the Met Office has contributed to its own loss or damage by its negligence, or unlawful acts or omissions, or its wilful misconduct.

11.3 Subject to Clause 11.1, neither party shall be liable to the other party for any indirect or consequential loss, damage, or expense of any kind whatsoever arising out of, or in connection with, the Data and this Licence, whether sustained by the other party or any other natural or legal person.

11.4 Subject to Clause 11.1, the Met Office accepts no liability for any errors or omissions in the Data and/or documentation.

11.5 The Licensee undertakes to fully and effectively indemnify and keep indemnified the Met Office against all loss, damage, claims, demands, costs and expenses which the Met Office may incur as a result of any breach by the Licensee of any Condition of this Licence.

12. Assignment

The Licensee may not assign, transfer, sub-contract, or sub-licence its rights or obligations under these Conditions, whether in whole or in part, without first obtaining the Met Office's written consent.

13. General

13.1 The Met Office has obligations under law, including the Freedom of Information Act 2000, to disclose information, including commercially sensitive or confidential information held by the Met Office, which is not subject to an exemption to disclosure under that Act. The Met Office shall always endeavour to consult with the Licensee before making a decision to disclose commercially sensitive or confidential information held by the Met Office as a consequence of providing the Licensee with the Data.

13.2 No failure or delay by the Met Office to exercise any right, power, or remedy shall operate as a waiver of it. Nor shall any partial exercise preclude any further exercise of the same or some other right, power, or remedy.

13.3 These Conditions supersede all prior licensing agreements, arrangements and understandings between the Licensee and the Met Office and constitute the entire agreement between the Licensee and the Met Office relating to the licensing of the Data. These Conditions shall prevail over any terms or conditions that the Licensee may seek to introduce that are not expressly contained within these Conditions.

13.4 All notices shall be given in writing and sent to the Met Office at the address set out herein or be sent to the Licensee at its registered office or principal place of business or any contact e-mail address the Licensee may give the Met Office from time to time.

13.5 If any of these Conditions, or any part of these Conditions, are for any reason held to be unenforceable, illegal, or invalid, that unenforceability, illegality, or invalidity shall not affect any other provision or part provision of this Licence, which shall continue in full force and effect.

13.6 The headings to these Conditions are for ease of reference only and do not affect the interpretation or construction of these Conditions.

13.7 These Conditions expressly exclude any rights granted to any third party under the Contracts (Rights of Third Parties) Act 1999.

14. Changes to the terms of this Licence

The terms of this Licence may only be changed if the Licensee and the Met Office agree in writing. The Met Office shall confirm in writing any changes to the Licence.

15. Governing Law

This Licence shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the English courts in respect of all proceedings arising out of this Licence agreement.