Application for Access to NOAA CoastWatch Products (July 1994) Application # The NOAA CoastWatch Program maintains a national capability to provide a rapid supply of up-to-date, coordinated, near-real time data products to support Federal and state decision makers and researchers responsible for managing the Nation's living marine resources and ecosystems. The Program provides time-critical "decision support" in response to rapidly emerging coastal environmental situations, The NOAA CoastWatch Great Lakes Regional Node houses the Great Lakes Site of the CoastWatch Program and serves as the delivery point for all products from the CoastWatch Program. The NOAA CoastWatch Great Lakes Regional Node provides all CoastWatch products via access to the NOAA Regional Site located at the Great Lakes Environmental Laboratory, Ann Arbor, Michigan. The NOAA CoastWatch Great Lakes Regional Node makes its best efforts to keep the schedule and contents of the products consistent with the needs of the Applicant, although the schedule and content of the products may be changed without consultation with the Applicant. NOAA announces these changes at least ten days in advance, whenever possible. This arrangement becomes effective upon the Applicant's signature, and shall remain in effect until terminated by either NOAA or the Applicant with 30 days written notification. The Applicant may terminate this arrangement with or without cause upon providing 30 days written notice to NOAA. NOAA may terminate this arrangement after 30 days' written notice to the Applicant, if NOAA determines that: (1) such termination is in NOAA's best interests, or (2) technological difficulties result from the access provided for in this agreement. NOAA may terminate this arrangement immediately if NOAA determines that: (1) the Applicant has violated any provision of this arrangement, or (2) the Applicant has failed to ensure that a recipient of the products furnished by the Applicant has complied with such provisions. This arrangement shall be reviewed annually and may be amended as NOAA deems necessary. This arrangement supersedes all previous arrangements for the provision of CoastWatch data and products. Application Provisions Through signature below, the Applicant agrees: 1. that NOAA is under no legal or financial obligation to provide any product to the Applicant; 2. to hold and save the U.S. Government, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of negligence on the part of the Applicant, its officers, agent, and employees in the performance of this arrangement; 3. that products provided through this application are for: a) the exclusive use of the Applicant in cooperative research with NOAA, or b) the Applicant's own legal resource management responsibilities. Specifically, the Applicant agrees to use the data and information, and any derived products, only for research, education, and other non- commercial purposes; 4. that it will not permit access to, disclose or otherwise make CoastWatch information and products available to any person or organization except for the Applicant's employees and affiliates, for purposes directly related to the Applicant's activities as described in section 3.b; 5. to ensure, to the maximum extent practicable, that individuals and organizations which have access to CoastWatch data, information, and derived products are aware of and observe the limitations on use and redistribution contained in this application; 6. to keep a record of all recipients of CoastWatch data and information; 7. to provide CoastWatch data and information at no more than the cost of reproduction and transmission; 8. to be solely responsible for the procurement, installation, service, maintenance, and removal, at no cost to NOAA, of all telecommunication lines and equipment required by the Applicant to interface with the CoastWatch Regional Site. The Applicant shall be solely responsible for routine maintenance of equipment on loan from NOAA; 9. to give full credit and identification of any products that are furnished by the NOAA CoastWatch Great Lakes Regional Node and to avoid implication that any products derived by the Applicant are attributable to NOAA or any element of NOAA; 10. to provide the NOAA CoastWatch Great Lakes Regional Node with an annual written report describing projects which used products delivered over the network and describing how these products were used. Samples of derived products may be included as appropriate. The Applicant will provide the annual written report by September 30th of each year subsequent to the signature of this application. 11. that the Applicant has no permanent or exclusive right to receive CoastWatch data and information, and that CoastWatch data and information may be modified or suspended at the discretion of NOAA, without recourse. Applicant Date Applicants Representative Date