EULA

End User License Agreement (EULA)

Alaska Satellite Facility Data Access

ASF Terms of Service

ASF DAAC data products are available to data users registered with the NASA User Registration System (URS). Agreements between ASF and some data partners require limited restrictions on specific data collections and are defined here.

Terms of Service Contents

• International Polar Year (IPY) Data Agreement
• ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data products usage conditions
• ALOS PALSAR RTC Product License
• Sentinel-1 Data License
• ERS-1 and ERS-2 Data License

International Polar Year (IPY) Datapool

The IPY Datapool is fully accessible to users agreeing to the IPY Data Agreement restrictions. By agreeing to the IPY TOC, you are agreeing to the terms which apply to the IPY Data Pool accessible through ASF, which are listed as Conditions here;

Condition 1 – I agree to use the Data for peaceful purposes only.

Condition 2 – I agree to use the Data for noncommercial use only. No commercial use is allowed of the data or any products derived from these data. I also understand that a value-added product derived from the data products received from ASF can only be freely distributed by me if it is in such a form that the original backscatter values cannot be derived from it.

Condition 3 – The data will not be reproduced or distributed to any other parties, except that they may be shared among named members of my research team (co-investigators). I will be responsible for compliance with this condition for the data I obtain from ASF. Furthermore, I am responsible for compliance to these agreement terms by members of my research team with whom I share these data.

ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data products usage conditions

(i) JAXA does not guarantee any specific quality and the timely provision of the ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data products and shall not be liable for any damage caused by using them.

(ii) The intellectual property rights, including but not limited to copyrights, of the ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data Products belong to JAXA.

(iii) The user shall retain the ownership of value-added products (modified products with high-level processing which are irreversible to standard data. High-level data processing includes data analysis or combining multiple- ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data Product, image processing based on external information, and physical quantity conversion).

(iv) When the user publish and/or redistribute their-generated value-added products based on the ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data Product, users will indicate, “the original ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data products are provided by JAXA”.

(v) When the user intends to publish the results directly using or indirectly based on the ALOS/PALSAR/AVNIR-2 and ALOS-2 ScanSAR data products, the user will indicate owner of the Data Products as “©JAXA [year of acquisition]. All rights reserved”.

ALOS PALSAR RTC Product License

The Alaska Satellite Facility (ASF) grants the End User use of Radiometrically Terrain Corrected (RTC) Advanced Land Observing Satellite (ALOS) PALSAR data if the End User accepts and agrees to the following ALOS PALSAR RTC End User License Agreement. The End User will be deemed to have accepted and agreed to the terms and conditions if the End User starts using ALOS PALSAR RTC data including but not limited to downloading, installing, manipulation or other action.

Section 1 Definitions

1. “End User” means the person, legal business entity, public entity or any other legal entity who obtains the Product and is considered to have accepted this End User License Agreement. In the case of a public entity, the End User is deemed to be only the part, division, etc. of the public entity located at the address to which the Product is supplied, unless otherwise agreed upon by ASF in writing and in advance.

Value Added Product (VAP) – A modified Standard or Derivative Work Product with high-level processing that cannot be converted back to the original product. The high-level processing includes data analysis or combining multiple-satellite data, image processing based on external information, and physical quantity conversion.

2. “Product” means any ALOS RTC satellite data product supplied by ASF. Product is classified as Value Added Product (VAP). Definition of the product types is shown below.
3. “JAXA” means the Japan Aerospace Exploration Agency.
4. “METI” means the Japanese Ministry of Economy, Trade, and Industry.
5. “Related Parties” means the parties that have been involved in the creation, production, distribution or delivery of the Product.

Section 2 Permitted Uses

These data are provided in accordance with NASA’s free and open data policy. There are no restrictions on their use.

Section 3 Prohibited Uses

1. The End User shall not delete, obscure, remove or alter any copyright notice that is contained in or appears on the Product.

Section 4 Intellectual Property Right and Copyright Notice

1. The End user confirms that NASA retains the copyright to the ALOS PALSAR RTC products, and that JAXA/METI retain the copyright to the original data from which the Product was derived.
2. The End User owns all intellectual property rights, including copyrights, which result from the End User’s act of interpretation, adaptation, authorship or any other work on the Product resulting in the creation of another VAP. All VAP products must be accompanied with the appropriate copyright notice.
3. The End User agrees that any embodiment of the Product permitted under this agreement shall contain the following copyright notice. The copyright notice shall be prominently displayed and the [Year] field correctly filled with a numerical value corresponding to the year of raw data acquisition.

Copyright Notice for ALOS PALSAR RTC: © NASA [Year], Includes Material © JAXA, METI [Year]

Section 5 Limited Warranty – Disclaimer

1. Neither ASF nor the Related Parties, if any, warrants that the Product is free of bugs, errors, defects or omissions.
2. The Product is provided as is with no warranty of merchantability or fitness for a particular purpose.
3. ASF and the Related Parties shall have no liability to the End User for any damage suffered by the End User or any third party, as a result of using ALOS PALSAR RTC products. This damage is including but not limited to consequential loss and lost earnings.

Section 6 Modification of this Agreement

ASF reserves the right to modify this agreement if necessary and the modified agreement will govern. In the case of modification ASF will announce on ASF internet site.

Section 7 Governing Law and Jurisdiction

This End User License Agreement shall be governed by the laws of the United States of America.

Sentinel-1 End User License Agreement

Legal notice on the use of Copernicus Sentinel Data and Service Information

The access and use of Copernicus Sentinel Data and Service Information is regulated under EU law.* In particular, the law provides that users shall have a free, full and open access to Copernicus Sentinel Data** and Service Information without any express or implied warranty, including as regards quality and suitability for any purpose.***

EU law grants free access to Copernicus Sentinel Data and Service Information for the purpose of the following use in so far as it is lawful****:

(a) reproduction;

(b) distribution;

(c) communication to the public;

(d) adaptation, modification and combination with other data and information;

(e) any combination of points (a) to (d).

EU law allows for specific limitations of access and use in the rare cases of security concerns, protection of third party rights or risk of service disruption.

By using Sentinel Data or Service Information the user acknowledges that these conditions are applicable to him/her and that the user renounces to any claims for damages against the European Union and the providers of the said Data and Information. The scope of this waiver encompasses any dispute, including contracts and torts claims, that might be filed in court, in arbitration or in any other form of dispute settlement.

Where the user communicates to the public or distributes Copernicus Sentinel Data and Service Information, he/she shall inform the recipients of the source of that Data and Information by using the following notice*****:

(1) ‘Copernicus Sentinel data [Year]’ for Sentinel data; and/or

(2) ‘Copernicus Service information [Year]’ for Copernicus Service Information.

Where the Copernicus Sentinel Data and Service Information have been adapted or modified, the user shall provide the following notice:

(1) ‘Contains modified Copernicus Sentinel data [Year]’ for Sentinel data; and/or

(2) ‘Contains modified Copernicus Service information [Year]’ for Copernicus Service Information.

The users’ rights on their personal data are protected under European law******. Such data will only be used by the European Commission and the providers of the said Data and Information for providing services to the user and for statistical as well as evaluation purposes.

* Regulation (EU) No 377/2014 and Commission Delegated Regulation (EU) No 1159/2013.

** In agreement with the Copernicus Sentinel Data Policy, ESA/PB-EO(2013)30, rev. 1.

*** See in particular Art. 3 and 9 of Regulation 1159/2013.

**** See in particular Art. 7 of Regulation 1159/2013

***** See in particular Art. 8 of Regulation 1159/2013.

****** Directive 95/46/EC of the European Parliament and of the Council of24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; Regulation (EC) No 45/2001 (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.

ESA ERS-1 and ERS-2 End User License Agreement

Data provided by the ERS-1 and ERS-2 missions are available in an open and non-discriminatory way, and distribution of the data shall be consistent with United Nations Resolution A/RES/41/65 dated 3 December 1986 on Principles Relating to Remote Sensing of the Earth from Space.

ESA does not guarantee the suitability of ERS-1 or ERS-2 data for the purpose of a project and shall not be held liable for any damage derived from the use of such data by the user.

The acceptance of these Terms and Conditions will authorize full access using Vertex to the ERS-1 and ERS-2 datasets at ASF DAAC.

I acknowledge and agree to respect the full title and ownership by ESA of all ERS-1 and ERS-2 data.

I agree to clearly mark all ERS-1 and ERS-2 data, irrespective of the form in which it is reproduced, in such a way that the data credit or image copyright are clear to see.

Data: Dataset: ERS-2[1], ESA [year of data acquisition]. Downloaded from ASF DAAC [day/month/year of data access]

Images: © ESA [year of data acquisition]