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Products originating from ECMWF are made
available to sustain WMO Programmes and in particular to assist receiving National
Meteorological Services (NMSs) in the provision of meteorological support in their
countries. ECMWF declares that those products labelled as "additional", in the
sense of resolution 40 (Cg-XII) of the WMO have the following conditions placed
on their use and all receiving NMSs (hereafter "the Recipient") should be notified
accordingly. These conditions apply equally to the Recipient and to third parties
to whom the products are made available by the Recipient. Where these conditions
are not maintained, even after notification of default to the Recipient, ECMWF
reserves the right to introduce denial of access to those "additional" products
to the Recipient (for all purposes).
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Intellectual property rights in
the products are retained by ECMWF. Nothing in this transmission shall operate
or have effect on any transfer or assignment of the proprietary or intellectual
property rights of ECMWF. The Recipient should make its best efforts to ensure
that the present conditions which have been applied by ECMWF are made known to
initial and subsequent recipients.
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The products are made available to the
Recipient in order to sustain WMO programmes at the global, regional and national
levels and to help NMSs meet their national responsibilities. The conditions attached
to the products will remain attached during further transmissions as part of those
WMO programmes.
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Any commercial use of the products outside the territory
of the Recipient is prohibited, unless a specific agreement is concluded between
the NMS of an ECMWF Member State or Co-operating State and the operator which
wants to make the commercial use of the products.
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If the Recipient uses these
products as input for any regional Numerical Weather Prediction (NWP) model output
which covers part of or/all of the ECMWF territory, the commercial use of that
model output within the ECMWF territory (directly or indirectly) will continue
to carry the conditions attached to the products.
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If the Recipient implements
new products or services whose construction would suffer significant degradation
by removal of the products and from which the products can be retrieved easily,
or their use can be identified unambiguously, the commercial use of these new
products or services outside the territory of the Recipient is prohibited unless
a specific agreement has been concluded between a NMS of an ECMWF Member State
or Co-operating State and the operator which makes the commercial use.
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Free
use of the products for research and education which has no commercial application
is granted; but all other conditions (as listed above) remain attached, particularly
where the products are subsequently released or used outside the receiving territory.
The Recipient shall make best efforts to make these conditions known to the entities
which might make use of the products for research or education. The Recipient
should also make best efforts to satisfy itself that this special allowance is
properly limited to the use for research and education envisaged under WMO Resolution
40. (If it proves necessary, ECMWF reserves the right to request those entities
which wish to make use of the products for research and education to sign a statement
recognising that they have been made aware of the conditions).
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Except for
the case of WMO programmes, or of specific agreements provided for in paragraph
3 to 6, any transmission of the products outside the territory of the Recipient,
or any release which may be followed by a transmission by a non-encrypted radio,
satellite broadcast or publicly accessible information system and which are thus
available for commercial use, directly or indirectly, is considered to be in breach
of these conditions.
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The Recipient shall make its best efforts to make all
these conditions known to potential operators which might wish to make commercial
use of the products.
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