The copyright to this velocity model is held by the University of Leicester. It is made available for academic research subject to the following terms and conditions. Before proceeding please read the following release agreement. At the bottom of the agreement you will be asked to enter your name, institution and email address and you will be directed to a page from which you will be able to download the model files. These details will be held only for the purpose of keeping a register of users and will not be disclosed to any third parties.
This Agreement made on the day of 2006
BETWEEN
UNIVERSITY OF LEICESTER of University Road, Leicester, LE1 7RH, hereinafter referred to as the “University”
AND
[Insert name of recipient organisation] of [Insert authorised address of recipient organisation], hereinafter referred to as the “Recipient Institution”
Pursuant to the request by [insert name of individual receiving Materials] (“the Investigator”), of the Recipient Institution, to the University, the University has agreed to supply one copy of the following materials:
Seismic P-wave velocity model of NW Europe (“the Materials”)
on a non-exclusive basis, subject to the Investigator and Recipient Institution’s acceptance of the following terms and conditions:
The Materials will be used solely for academic research by the Investigator or other employees of the Recipient Institution under the direct control and supervision of the Investigator and not for any commercial purposes. Furthermore, the Materials shall not be incorporated into any item in any form which may be used for commercial purposes without express written permission from the University and on fair and reasonable commercial terms to be agreed.
1. The duration of this Agreement shall be two (2) years or until the Intended Use is completed, whichever is the sooner. The Investigator/Recipient Institution shall notify the University if the Intended Use has been completed or discontinued and cease to use the Materials immediately thereafter. If the Investigator wishes to extend the duration of or amend in any way the Intended Use, the Investigator/Recipient Institution shall not do so without the express written permission of the University, such permission not to be unreasonably withheld.
2. Subject to the provisions of Clauses 7 and 8, the Investigator and Recipient Institution agree to hold the Materials in the strictest confidence. The Investigator/Recipient Institution shall not pass on the Materials or any derivatives thereof to any other person or organisation, nor permit any other person or organisation to use the Materials. Any such requests for the Materials will be referred to the University.
3. The Materials shall remain the property of the University and nothing in this agreement shall create or be construed to create any licence to the Investigator or Recipient Institution in respect of the Materials.
4. The Investigator and Recipient Institution accept and agree that the Materials are experimental in nature and that the University provides them “as is”. The University makes no representations or warranties of any kind, express or implied, with respect to the Materials and disclaims any and all implied warranties of merchantability or fitness for a particular purpose or use.
5. The University disclaims all representations and warranties, express or implied, with respect to any third party rights that may be infringed by the manufacture, use, sale or transfer of, or with respect to title in, the Materials.
6. The Investigator and Recipient Institution shall at all times comply with all applicable laws and guidelines in the use, shipping, storage, handling and disposal of the Materials. The University accepts no liability for the use of the Materials by the Investigator and Recipient Institution, or for any claims for damages or consequential losses arising from the use of the Materials by the Investigator and Recipient Institution.
7. As a consideration for the University making available the Materials, the Investigator and Recipient Institution agree to inform the University of any inventions, improvements or discoveries, whether patentable or not, tested, reduced to practice or subject to copyright, conceived or arising out of the Recipient Institution’s use of the Materials. The Recipient Institution and University agree that inventorship of any such inventions, improvements or discoveries will be determined in accordance with United Kingdom intellectual property law. Commercial exploitation of any inventions, improvements or discoveries, whether patentable or not, tested, reduced to practice or subject to copyright, conceived or arising out of the Recipient Institution’s use of the Materials will be by mutual agreement between the parties and on fair and reasonable terms to be agreed. For the avoidance of doubt, the Recipient Institution will grant to the University a perpetual, non-exclusive, royalty-free licence to use data arising from the Recipient Institution’s use of the Materials for the University’s own academic research purposes.
8. Any proposed publication or other public disclosure relating to the Materials or their use will be provided to the University sufficiently in advance of submission for publication or other public disclosure - but in any event at least one month prior to submission for publication in order to allow reasonable opportunity for the University to evaluate the material therein and seek appropriate intellectual property protection. If said proposed publication contains material of patentable or other commercial value, then the parties will enter into negotiations for a separate sharing agreement in good faith.
Any publication by the Recipient Institution will acknowledge the University’s contribution in an appropriate way and in keeping with normal academic practice.
The University shall keep any results, inventions, data and other disclosures arising out of the Recipient Institution’s use of the Materials in strict confidence until published by the Recipient Institution or protected by a patent application, unless the parties have agreed that such a disclosure prior to any publication or patent filing is acceptable.
If the Intended Use of the Materials is terminated, or the Recipient Institution does not intend to publish data arising from its use of the Materials, the Investigator and Recipient Institution will provide the University with copies of any data generated using the Materials to permit the University to determine whether patent or other form of intellectual property protection should be obtained.
9. The University shall have the right to terminate this Agreement with immediate effect if the Investigator or Recipient Institution is in breach of the terms herein.
10. This Agreement represents the entire agreement between the parties and supercedes any previous agreement whether verbal or written. Any variation of the terms of this Agreement shall only be valid if agreed in writing between the parties.
11. Any failure by the University to enforce one or more terms of this Agreement shall not be construed as a waiver of any term of the Agreement.
12. If any term of this Agreement is deemed to be unenforceable by a competent legal authority, all other terms shall remain in full force and effect.
13. Clauses 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13 and 14 shall survive expiry or early termination of this agreement.
14. This Agreement shall be governed and construed according to English law.
Enter your name, email address and institution in the box below and click on 'I agree to the terms and conditions above' and you will taken to a page giving you access to the model files.