TC-OBS Database | TC-OBS Database User Agreement and License Agreement
TC-OBS Database User Agreement and License Agreement
This page provides the Database User Agreement and License Agreement that governs usage rights for the TC-OBS Database. All users must agree to these terms in order to use the database.
TC-OBS Database User Agreement
The TC-OBS Database is freely available from the Tropical Cyclone Data Project web site and can be downloaded and used for academic, research, or internal professional purposes subject to the following user terms (please note that it is also subject to a License Agreement which contains additional provisions beyond this Database User Agreement):
A) User agrees to notify the designated database contact scientist if they intend to create or publish any future work based on or derived from the TC-OBS Database.
B) User agrees to not redistribute nor transfer the original database and documentation (see License Agreement on next page for more details).
C) User agrees to provide a data citation to the TC-OBS Database. The suggested format for a data citation is:
Vigh, J. L., Eric G. Gilleland, Christopher L. Williams, Neal M. Dorst, Daniel R. Chavas, James M. Done,
Barbara G. Brown, and Greg J. Holland, 2018. TC-OBS: The Tropical Cyclone Observations-Based Structure
Database (Version 0.42). Tropical Cyclone Data Project, National Center for Atmospheric Research, Research
Applications Laboratory, Boulder, Colorado. [Available online at: http://dx.doi.org/10.5065/XXXXXX.]
Accessed* dd mmm yyyy.
where * dd mmm yyyy is the date which you last accessed the database (e.g., 09 Feb 2018).
NOTE: A final DOI will be assigned later.
Additionally:
1) If database parameters prefixed by 'TCOBS' are used in a scientific paper or presentation, User agrees to cite any relevant publication(s) of the designated contact scientist for the TC-OBS Database.
2) If only Best Track/HURDAT2 database parameters are used in a scientific paper or presentation, please cite the relevant papers of the individuals who compiled those databases and indicate in your acknowledgments that the respective Best Track/HURDAT2 data were accessed through the TC-OBS Database.
Relevant references for each of the above databases are provided at: http://verif.ral.ucar.edu/tcdata/historical/references/.
D) User will acknowledge the support of NCAR in any publications or presentations using the TC-OBS Database by including the following in their acknowledgments section:
E) The user agrees to notify the Tropical Cyclone Data Project of any publications resulting from the use of the data and documentation by sending a citation of the publication to ral-tcdp@ucar.edu.
By using the TC-OBS Database, the User agrees to abide by the terms of this agreement. Please check the Tropical Cyclone Data Project web site for any database updates, errata, or citations that may help your research. We welcome collaborations and will lend our expertise in interpretation and evaluation of the data.
TC-OBS Database License Agreement
This Tropical Cyclone Observations-Based Structure (TC-OBS) Database License Agreement ("Agreement") is a legal agreement between you (in Your capacity as an individual and as an agent for Your company, institution or other entity) (collectively, "You" or "Your" or "Licensee") and the University Corporation for Atmospheric Research ("UCAR").
1. License Grant. UCAR grants You, and You hereby accept, a restricted, non-exclusive, non-transferable, limited license to use, copy, modify, change or enhance the Database, together with any associated media, printed materials, and on-line or electronic documentation (if any) provided by UCAR. "Database" means the Tropical Cyclone Observations-Based Structure (TC-OBS) Database. The license grant is revocable as described in this Agreement and is also subject to the following terms and conditions:
(a) You may use the Database solely for Your own internal research and operational purposes and/or for collaborating with UCAR. You agree that You will not use the Database for any other purpose, or otherwise attempt to commercialize, sell, or transfer the Database for a fee;
(b) The Database may be used on computers owned or leased by You on Your premises; You shall not allow the Database to be accessed over a network or the internet in a manner that would allow users to access the Database who are not employed by You, without the prior written consent of UCAR;
(c) You may copy the Database solely to the extent necessary to exercise the foregoing license, and for backup and archival purposes; provided however that (i) You must reproduce all copyright notices and other proprietary notices on any copies of the Database and You must not remove or alter those notices; (ii) all copies of the Database shall be subject to the terms of this Agreement; (iii) You may not otherwise copy or allow copies of the Database to be made; and
(d) You may not distribute, rent, lease, loan, sublicense, or transfer the Database (including Derivative Works).
2. Ownership of Database, Attribution.
(a) Ownership of Database. You acknowledge that UCAR owns the Database and no title to or ownership of the Database is transferred to You under this Agreement. UCAR, and its licensors (if any), hereby reserve all rights in the Database and UCAR and its licensors retain all title, copyright, and other proprietary interests in the Database and any copies thereof. You do not acquire any rights, express or implied, in the Database, other than those specifically set forth in this Agreement.
(b) Attribution. Anytime the Database is used in any authored works, publications, presentations, or associated data and/or documentation, You shall credit UCAR and NCAR as the source of the Database in your acknowledgments as follows:
The Tropical Cyclone Observations-Based Structure (TC-OBS) Database was created by the Research
Applications Laboratory at the National Center for Atmospheric Research (NCAR) through a
grant from the Bermuda Institute of Ocean Sciences Risk Prediction Initiative (RPI2.0).
NCAR is sponsored by the National Science Foundation.
Additionally, You shall provide a data citation using the following format:
Vigh, J. L. and coauthors, 2018. TC-OBS: The Tropical Cyclone Observations-Based Structure Database
(Version 0.42). Tropical Cyclone Data Project, National Center for Atmospheric Research, Research
Applications Laboratory, Boulder, Colorado. [Available online at: http://dx.doi.org/10.5065/XXXXXXX.]
Accessed* dd mmm yyyy.
(c) Derivative Works. In consideration of the grant recited herein, You agree that during the term of this Agreement, You will provide to UCAR any information, modifications, changes, alterations, improvements or enhancements created and/or generated by You, which relate to or result from the Database or any associated documentation. You acknowledge that UCAR has full right, title and interest in and to all associated, related and resultant intellectual property, which is commonly defined as a "Derivative Work" under Title 17 of the United States Code, and UCAR expressly reserves all rights in such Derivative Works which are created and/or generated either by You or UCAR.
Anytime the Database is used to create a Derivative Work, You shall credit UCAR and NCAR as the source of the Database as follows:
The source of this material is the Research Applications Laboratory of the National Center for Atmospheric Research (NCAR), which is operated by the University Corporation for Atmospheric Research (UCAR) pursuant to a Cooperative Agreement with the National Science Foundation. Copyright © 2018, UCAR. All rights reserved.
3. No Maintenance or Support. UCAR shall be under no obligation whatsoever to provide maintenance or support for the Database, or provide You with any bug fixes, modifications, patches, or updates (collectively, "Update") to the Database. If, in its sole discretion, UCAR makes an Update available to You and UCAR does not separately enter into a written license agreement with You relating to such Update, then it shall be deemed incorporated into the Database and subject to this Agreement.
4. License Fee. There is no fee for this license.
5. Confidential and/or Proprietary Information. UCAR represents and You acknowledge UCAR's representation that some or all of the Database is confidential and/or proprietary to UCAR, and therefore all confidential, proprietary and copyright notices shall be retained intact on any of the permitted copies. Such notices shall not be removed from any files, documents, media, printouts, and visualization or on any other electronic or tangible expressions associated with, related to, or derived from the Database or associated documentation. The term of confidentiality shall extend beyond the expiration and/or termination date of this License or any extension thereof, for a period of five (5) years; however, it is understood that this License shall impose no obligations of confidentiality on You where the Database or other confidential information (a) is already or becomes a matter of public knowledge through no fault of yours; (b) is rightfully received by You from a third party without a duty of confidentiality; (c) is disclosed by UCAR to a third party without a duty of confidentiality on the third party; (d) is independently developed by You; or (e) is disclosed by You with UCAR's prior written approval.
6. U.S. Government Rights. The U.S. Government has been granted for itself and others acting on its behalf a paid-up, non-exclusive, irrevocable, worldwide license in the Database to reproduce, prepare derivative works, and perform publicly and display publicly for government purposes.
7. Warranty Disclaimer. THE DATABASE IS SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY KIND. UCAR, ITS LICENSORS, THE UNITED STATES GOVERNMENT, AND THEIR EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE DATABASE OR THE RESULTS OF THE USE OF THE DATABASE OR RELATED DOCUMENTATION, (3) DO NOT REPRESENT THAT USE OF THE DATABASE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT THAT THE DATABASE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. No oral or written information or advice given by UCAR or a UCAR authorized representative shall create a warranty or in any way increase the scope of this warranty.
8. Limitation of Liability. The Database is not intended for use in activities or hazardous environments requiring fail-safe performance or in which errors in the Database could lead directly to death, personal injury, or severe physical or environmental damage. You agree that UCAR shall not be liable for any claims or damages arising from the use of the Database in such applications. FURTHERMORE, IN NO EVENT SHALL UCAR OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF UCAR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL UCAR'S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE DATABASE.
9. Indemnity. You shall indemnify UCAR and any of its associates or affiliates (including directors and officers) and hold it harmless from and against any and all claims of loss, cost, damage and expense, including reasonable attorneys' fees, arising from or related to any claims of any nature whatsoever made by a third party against UCAR and any of its associates or affiliates (including directors and officers) as a result of: (i) Your business activities; and (ii) Your use and operation, of the Database, except for claims arising out of or relating to infringement by the Database of any patent, copyright, or trademark, or misappropriation of any trade secret. As a condition to the foregoing indemnity, the indemnified party will: (a) provide prompt written notice of the claim to the indemnifying party; (b) permit the indemnifying party to control the defense and/or settlement of the claim; and (c) at the indemnifying party's request and expense, cooperate with the indemnifying party in the defense and/or settlement of the claim. The indemnification obligations shall be deemed a direct, rather than an indirect, liability owed to the other party.
10. Term and Termination.
(a) The license granted to You under this Agreement shall continue perpetually unless terminated by UCAR in accordance with this Agreement. If You breach any term of this Agreement, and fail to cure such breach within ten (10) days of the date of written notice, or if You if initiate bankruptcy proceedings, become insolvent or cease to do business for thirty (30) consecutive days, this Agreement shall immediately terminate.
(b) Upon such termination, You shall immediately cease using the Database, return to UCAR, or destroy, all copies of the Database, and provide UCAR with written certification of Your compliance with the foregoing.
(c) Termination shall not relieve You from Your obligations arising prior to such termination. Notwithstanding any provision to the contrary, Sections 5, and Sections 7 through 18 shall survive termination of this Agreement.
11. Export Law Assurances. You shall strictly comply with all applicable United States and foreign laws and regulations with respect to Your use of the Database, including, without limitation, the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations.
12. Controlling Law and Severability. This Agreement shall be governed by the laws of the State of Colorado and of the United States, and shall be adjudicated by competent courts in the State of Colorado, notwithstanding any rules governing conflicts of laws. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
13. Relationship of the Parties. The relationship between the parties is that of licensor/licensee. Neither party will represent that it has any authority to assume or create any obligation on behalf of the other party. Nothing in this Agreement shall be construed to be a partnership, agency or joint venture.
14. Notice. Any notice required or permitted to be given under this Agreement shall be in writing and shall be transmitted by electronic mail or sent via pre-paid express over-night delivery, with verified receipt, at the address set forth below. Any such notice shall be deemed received on the day such notice is received. Notices to UCAR shall be sent to:
University Corporation for Atmospheric Research 3090 Center Green Drive Boulder, CO 80301 USA Attention: Office of the General Counsel
15. Waiver. The express waiver by either party of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement nor shall a waiver of one provision, condition or requirement constitute a waiver of the remaining provisions, conditions, or requirements. Any delay or omission by either party to exercise any right or remedy under this Agreement shall not be construed to be a waiver of any such right or remedy, or a waiver of any other available right or remedy hereunder. All rights of either party under this Agreement shall be cumulative and may be exercised separately or concurrently.
16. Assignment. Any transfer, assignment or other conveyance, or attempt thereof, of the rights, duties and/or privileges under this Agreement by You shall immediately terminate this Agreement.
17. Attorneys' Fees. In the event that You breach any of the terms and conditions of this Agreement, UCAR shall be entitled to all legal and equitable damages, including reasonable attorney's fees necessary to enforce the terms of this Agreement.
18. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Database and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in a writing in the English language and signed by UCAR.
Please direct comments and questions regarding the TC-OBS Database User Agreement and/or License Agreement to ral-tcdp@ucar.edu.