The Alaska Satellite Facility (ASF) grants the End User use of Advanced Land Observing Satellite (ALOS) PALSAR data if the End User accepts and agrees to the following ALOS PALSAR Standard Product 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 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.
Standard Product – Level 1 Data (CEOS format) PALSAR Level 1.0, 1.1, 1.5
Derivative Work Product – A processed product using the Standard Product which retains the original pixel structure and can be converted back to the original data or a processed product that does not retain the original pixel structure and cannot be converted back to the original data , with the exception of value-added products
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 satellite data product supplied by ASF. Product is classified as standard product, Derivative-work Product and Value Added Product (VAP). Definition of the three 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
1. The End User shall utilize the Product for peaceful purposes only.
2. The End User may redistribute the Product provided the data source is attributed to JAXA/METI.
Section 3 Prohibited Uses
1. The End User shall not use the Product other than for peaceful purposes.
2. 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 JAXA and METI own all intellectual property rights, including copyrights, for ALOS PALSAR Standard and Derivative-work products.
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 Standard Product resulting in the creation of a VAP. All VAP products must be accompanied with the 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.
Standard Product – ©JAXA,METI [Year] Derivative Work Product – ©JAXA,METI [Year] Value Added Product – 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 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.