Terms and Condition

• ESA or the “Agency” means the European Space Agency.
• The Data Consumer (DC) means the duly empowered representative of the entity accepting these Terms and Conditions and accessing the ESA ESA-MAAP data.

• The ESA ESA-MAAP data (ESA MAAP data) means the data generated by the ESA MAAP project. The ESA MAAP data is split into two major groups:
  • The free dataset: including data collections available online without any technical or financial constraints attached.
  • The restrained dataset: managed differently due to technical or financial constraints. The restrained dataset comprises the data which are made available upon specific access requests.

1. ESA provides the ESA MAAP data to the DC online for the free dataset and for the restrained dataset.
2. ESA, while duly considering the interests of the DC, reserves the right to review, modify, suspend or terminate access to the ESA-MAAP service at any time if:
   • Funding of ESA mission or associated processing facilities operations cannot be sustained.
   • Satellite or related ground system failure occurs.
   • Planned activities of related ESA systems are suspended or cancelled to carry out special activities that ESA consider of high priority.
   • Status check of the respective satellite(s) or performance evaluation is needed.

The DC further acknowledges and agree that:

• there may be some delays in the delivery of ESA MAAP data, having regard in particular to scheduling and processing constraints both at satellite and ground segment levels.
• ESA may modify its mission operation plan(s) at any time, should it consider such corrective action necessary for ensuring mission success.

The DC shall have no right whatsoever to claim for compensation or damage because of ESA’s decision to modify, suspend or terminate the delivery of ESA MAAP data, or for any delay in the delivery.

1. 3. ESA does not guarantee the suitability of ESA MAAP data for any specific purpose and shall not be held liable for any damage derived from the delivery of such data or from its use by the DC or any third party. Accordingly, the DC shall indemnify and hold ESA harmless from and against all claims, proceedings, direct and indirect damages, costs, and expenses arising from malfunctions or interruptions in the delivery of the ESA MAAP Data or from the use such data.
   4. Upon request, ESA may guarantee the confidentiality of communications, reports and other documentation submitted by the DC, to the extent mutually agreed.

1. Access to the ESA MAAP data shall be granted to the DC upon acceptance of these Terms and Conditions.
   Access to the ESA MAAP free dataset is granted upon electronic online registration with immediate access to the data thereafter.To access the restrained dataset, the DC shall submit a specific data service request. Should ESA positively evaluate the request in terms of scientific relevance and required data, ESA will notify the DC that the authorization to use has been granted, possibly assigning a maximum quota for data delivery.ESA may also provide opportunities to gain access to special or limited restrained datasets, including some datasets for new missions not yet publicly available, via announcements of opportunity (AO). In this event, the AO will invite DCs to gain access to such ESA MAAP data and contribute to research and application development projects and to calibration/validation activities that ESA is conducting via a project proposal. ESA will evaluate the scientific content of a submitted project proposal against the data requirements of the DC and, in case of positive evaluation, a respective quota will be assigned to the project.

2. The DC understands that acceptance of these Terms and Conditions includes general acceptance of the related ESA EO Data Policy
3. The DC assumes full responsibility for its use of the ESA MAAP data, including use with coinvestigators. The DC shall provide ESA with a detailed list of all co-investigators, if applicable, in the frame of the data service request.
4. The DC is authorised to duplicate data (sets) as necessary for the performance of their work, without any charges to ESA.
5. The DC may further distribute ESA MAAP data accessed as part of the free dataset to a new recipient only after ensuring that the recipient accepts these Terms and Conditions. The DC is fully responsible towards ESA for such acceptance.
6. The DC and all authorised co-investigators shall, at any time, observe the following conditions of use:
   • Use all ESA MAAP data accessed exclusively for their own research and applications purposes.
   • Not assign any rights, obligations or interests herein without the prior written approval of ESA.
7. Costs of equipment required to receive or read the ESA MAAP data, or any other costs associated with the execution of the work shall be borne by the DC.
8. The DC will inform ESA in case of problems with ESA MAAP data reception or quality.
9. The DC may, and is encouraged to, publish results from work carried out using ESA MAAP data in publications of international renown and present these results at dedicated workshops organised by ESA. For a period of six months after work completion, the DC shall have the exclusive right to publish the results; thereafter, this right will be shared with ESA unless the DC can demonstrate to ESA that these results should remain confidential for a certain period.
10. Any publication resulting from a work carried out using ESA MAAP data shall clearly display the following statement: “Data provided by the European Space Agency (ESA)”.The DC shall provide ESA with a free copy of any such publication by sending a digital version to the following email address: eopi@esa.int. ESA shall at any time have a royalty free right of publication and dissemination of these publications, unless the DC claims a character of confidentiality of his own results and to the extent that such reproduction and dissemination do not conflict with the rights of third parties.

1. ESA retains all rights and title over the ESA MAAP data.
2. The DC shall clearly mark all ESA MAAP data and analysed information, irrespective of the form in which it is produced, as follows: © ESA (year of reception).
3. In his sphere of influence, the DC guarantees respect of ESA’s intellectual property rights and reports any evidence of unlawful use, including such of third parties, immediately to ESA in writing.
4. ESA’s title and copyright of data shall not prevent recognition of copyright in favour of the DC which may arise because of the latter’s own interpretation of ESA processed data, inputs of data or knowledge from other sources.
5. In case of emergence of own intellectual property rights from direct use of ESA MAAP data, the DC shall grant ESA a worldwide, free of charge, irrevocable, and non-exclusive licence to use such intellectual property for ESA’s own purposes in the field of space research and technology. The DC shall inform ESA of applications for patents or similar forms of legal protection sought for such intellectual property within two months from the filing date. ESA shall treat such information as confidential during a period of eighteen (18) months following original application, unless published before the expiration of this period by the DC.