Conditions for access to and implementation of the ALADIN System
76.Each Member and acceding Member shall have:
full access rights to the ALADIN System source code, including rights to modify codes for the implementation of its own Configuration,
full responsibility for and control of the Configuration(s) of the ALADIN System implemented for its research and/or operational requirements and any use authorised by this MoU,
provided that such implementation is compliant with agreements signed by the Parties or one of them for the execution of this MoU. In particular, compliance is required to the terms and conditions of the ECMWF/Météo-France agreement for ARPEGE/IFS software protection agreement (see Annex II).
77.For research purposes, a Member may grant access to the ALADIN System, or elements thereof, to another organisation in its country, or to the N(H)MS of a Member or Cooperating State of ECMWF which is not a Member, after prior information of the Parties. Access shall then be granted under a standard R&D licence approved by the General Assembly. This licence shall, as a minimum:
Restrict the possible use of the ALADIN System to research;
Make applicable to the licensee relevant terms and conditions of agreements signed by the Parties or one of them for the implementation of this MoU;
Establish the irrevocable rights of the Parties to access and use the results of the research in the context of the implementation of this MoU.
Benchmarking or optimisation of local Configurations of the ALADIN System by computer companies, in cooperation with one Member, is considered as research. (I’m not sure it is a too good idea, given some past vendors’ initiatives which we had to temper)
78.In all cases other than those addressed under paragraphs 77 and 78, access to the ALADIN System or elements thereof shall be subject to a specific license or cooperation agreement and decided by consensus by the General Assembly, on a case-by-case basis.
Ownership, availability and commercialisation of ALADIN Products
79.Every Member and acceding Member shall have full ownership of the ALADIN Products it generates using the Configuration of the ALADIN System implemented for its operational requirements, and full responsibility for their authorised use and delivery.
80.ALADIN Products shall be declared as “additional data” or considered as “other data” in the sense of Resolution 40, with the understanding, however, that the General Assembly may agree by consensus that some ALADIN products can be declared as “essential data”.
81.Every ALADIN Member and acceding Member will provide free and unrestricted access to ALADIN Products for educational and research purposes, within available resources and under conditions to be defined in a standard research license to be agreed by consensus by the General Assembly.
82.Rights of acceding Members to commercialise ALADIN Products shall be restricted to National Use.
83.Members being also members of ECOMET and using ALADIN Products for commercial purposes shall:
Follow applicable ECOMET rules;
Apply Resolution 40 for commercialisation of ALADIN Products outside the European Economic Area and international waters;
Inform the General Assembly about their ALADIN entries to the ECOMET catalogue.
84.Other Members using ALADIN Products for commercial purposes shall:
Follow ECOMET guidelines and models on tariffs, price composition and cost recovery, licenses and sub-licenses etc. for the commercialisation of ALADIN Products within the European Economic Area and international waters and the National Territories of Members and acceding Members;
Inform the General Assembly about the ALADIN Products available for commercial purposes;
Apply Resolution 40 for commercialisation of ALADIN Products outside their National Territories.
85.A Member selling ALADIN Products for use outside its National Territory shall:
Pay a royalty fee to be shared by the other Members in proportion of their respective cumulated manpower contribution to ALADIN.
The royalty fee shall be a significant fraction of the information price. This fraction shall be decided by the General Assembly for the duration of this MoU.
86.WMO Resolution 40 (Cg XII) shall apply to commercialisation of ALADIN Products outside the European Economic Area and the National Territories of Members and acceding Members.
87.Charging of ALADIN Products may be suspended for a limited period of time to a given customer, for humanitarian considerations, i.e. in case of emergency situations (e.g. natural and civil disasters).
88.At the time of signature of this MOU the common assets of the ALADIN Consortium are the ALADIN Common Codes and Co-Owned Codes developed under previous ALADIN MoUs.
89.Each ALADIN Consortium Member or acceding Member is not liable to the other Members and acceding Members for damage or injury attributable to the execution of its responsibilities under this MoU.
90.Each Member or acceding Member will bear the cost of compensation for damage or injury of any kind suffered by its personnel or property within the framework of the execution of this Memorandum except in case of gross negligence or wilful act.
91.The Members and acceding Members accept no individual or collective responsibility for damage, financially or otherwise, caused the use of the ALADIN System or any part thereof, other than those imposed by their respective national laws.