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The PHL-Microsat Program requires that you read the following Terms and Conditions of Use Agreement (“TCUA”) before using the Data derived from the Program.

The End user accepts and agrees to be bound by the terms of this TCUA. End User will be deemed to have accepted and agreed to the terms and conditions of this Agreement if End User starts using the Data including but not limited to (a) downloading and/or installing the Data; (b) manipulating the Data; (c) making available any Derivative works whether for lawful and non-commercial or commercial purposes; (d) if the Data was delivered to the End user on a tangible medium such as a CD, end-user must return the Product in its original packaging without breaking the seal. This TCUA is entered into by and between the End User and PHL-Microsat Program. If End User does not agree with the terms and conditions of this Agreement, End User shall not use the Data.

PHL-Microsat Data Terms and Conditions of Use Agreement

Article 1. Definitions. For the purposes of this Agreement, unless the context otherwise requires, the following terms shall have the meanings set forth below:

(1) “ The Program” means the PHL-Microsat Program including all its partner institutions: Tohoku University, Hokkaido University, University of the Philippines Diliman and the Department of Science and Technology.

(2) “PHL-Microsat Data or the Data” in this context includes but is not limited to the actual data records, auxiliary data (e.g. attitude and orbital parameters), metadata, and derivatives. The agreement applies to standard data products, Level 0 (raw data), low level (e.g. georeferenced, radiometrically corrected) and other value added satellite data product (VAP) acquired by Philippine microsatellites DIWATA-1 and DIWATA-2. The data also include models and research findings derived from the actual data observations.

(3) “End User” means the person, legal business entity, public entity or any other legal entity which obtains the Data from the Program or its distributor and is considered to have accepted the terms of this Agreement in accordance with the above. Unless otherwise agreed by the Program in writing and in advance, in case PHL-Microsat data is supplied to a public entity, the Licensee is deemed to be only the part of such public entity as located at the address to which the PHL-Microsat Data is supplied.

(4) “Academic Use” means for educational, research, non-commercial use of which purpose has societal and economic impact.

(5) “Commercial Use” means the production, reproduction, distribution, redistribution, retransmission, sale, offer to sell, and/or marketing of the Data for profit or fee, that includes but is not limited to advertising, use in marketing and promotional materials and services on behalf of a customer, client, employer, employee or for your own benefit, use in any materials or services for sale or for which fees or charges are paid or received (e.g., textbook supplemental materials, books, syllabi, course packs, etc.), use in any books, news publication or journal without an educational purpose, or any similar or related activity that makes use of the Data.

Article 2. Access to the PHL-Microsat Program Data. The Data Processing, Archiving, and Distribution (DPAD) component is the Program’s primary authority for the data sharing policy. It oversees satellite data resource management and control.

Accessing the publicly released data from the PHL-Microsat Image Distribution platform (link). All unclassified Data are available electronically and may be downloaded.

End User may request images for future microsatellite passes through the PHL-Microsat Image Request platform (link).

For classified data falling under matters related to national security, financial and proprietary interests, privacy, confidentiality, indigenous rights, and conservation of sensitive ecological, natural, archaeological, or cultural resources not posted in the PHL-Microsat Data Distribution website, End User may have access by submitting a request withon their agency’s letterhead addressed to the PHL-Microsat Program, University of the Philippines Diliman, Quezon City. The contact details of the End user must be included on the request. However, the Program does not guarantee the delivery of these classified data.

Article 3. Agreement. The terms and conditions described below are granted to the End User.

2.1 Permitted Uses. By accepting the terms and conditions of this Agreement, the End User is granted to:

(1) Use the PHL-Microsat Data for his/her own internal purposes: End User is permitted to use the Data for internal purposes. End User is granted to modify the Data for internal purposes. End User may assign third party to process the Data provided that the third party accepts and agrees to the terms and conditions of this Agreement. End User is permitted to use the data for Academic, non-commercial, public lawful purposes.

(2) Print out the Data for his/her own internal purposes: End User is permitted to print out the Data and/or its analysis result for internal purposes. In this case, End User shall follow the copyright notice mentioned in Article 4.

(3) Use for external purposes: End User is permitted to use the Data for external purposes that follows: (a) posting an extracted image and/or analysis result which cannot be converted to the original data on End User’s internet site at a maximum size of ( pixel*line) pixels in JPEG format. In this case, End User shall follow the copyright notice mentioned in Article 4; (b) publish the data provided that the following authors are thoroughly cited (insert link on How To Cite Data).

2.2 Prohibited Uses. Unless otherwise agreed by the Program in writing in advance, the End User shall not conduct any of the following: Use the Data for any other purposes permitted in Article 2.1. Commercial use. Through the Open Access initiative, data not tagged with restrictions due to privacy and security constraints shall be made available to everyone, including foreigners and private companies, under the condition that they don’t sell the data. Make copies of the Data except for backup purpose; Provide or transfer the Data to a third party for any purpose. Delete, obscure, remove or alter any copyright notice that is contained in or appears the Data.

Article 4. Intellectual Property Right, Copyright Notice and Citation. The PHL-Microsat Program owns all intellectual property rights, including copyrights, regarding the Data in agreement with the Republic Act No. 8293 or the Intellectual Property Code of the Philippines. Upon printing the Data and/or analysis result or exposing to third party in accordance with Article 2.1 (2) and (3), End User shall include a visible mark that shows the ownership of the copyright of the Data in accordance with the following direction:

PHL-Microsat Program Data: Copyright owner/ Data distributor ©PHL-Microsat Program Distributed by PHL-Microsat Data Processing, Archiving, and Distribution (DPAD) Analysis result by DIWATA-1/DIWATA-2 Original Data provided by the PHL-Microsat Program

Article 5. LIMITED WARRANTY – DISCLAIMER. The PHL-Microsat Program does not warrant the quality of the data, i.e. the data distributed is free of bugs, errors, defects or omissions. The PHL-Microsat Program does not warrant the Data’s merchantability and the fitness for particular purpose of the end-user. Also, the Program does not warrant that the Data meets the expectations and requirements of the End user. However, the Program shall establish a thorough documentation of data quality (fitness-for-purpose) and characteristics standards in cooperation with government-mandated agencies and other organizations to enable a wider scope of data use.

The Program should provide:

a) Reference standard in evaluating compliance for a particular activity, such as instrument calibration details and schedule of recalibrations.

b) Data lineage/provenance, data collection/generation recording (including auxiliary information) in detail to allow reproducibility.

c) Data quality resource information and quality assurance measurements used, which may include quantitative uncertainties, feature and pixel level.

d) Metadata describing data quality that is tightly coupled to the data itself, that includes the following basic quality tags: Spatial and temporal information as well as resolution and the estimated and documented uncertainties Short to long-term consistency and attribution of error sources Validation information, including the methods used Latency from the time of observation Usability (is the content convenient to use for the specific purpose?) Simplicity (are the data and data model easy to understand and manipulate?)

e) Information on the characteristics in order for the user to decide whether the data is usable or not, for what purpose, as well as the caveats. f) A form for data users, including data quality elements and metrics for data quality that they can fill out and send back to the Program. g) A repository for data users by which they can provide feedback both to other data users and the Program regarding practical usability of the datasets.

The Program shall have no liability for the damages including but not limited to consequential damage, indirect damage, and loss of earnings of the the end user or any third party may suffer as a result of using the PHL-Microsat Data.

The Program disclaims any responsibility for non-fulfillment or delay caused by events beyond its reasonable control.

Article 6. Modification of this Agreement. The Program reserves a right to modify this Agreement if the Program deems that it is necessary. In this case, the modified version of this Agreement shall supercede the original Agreement. In case of modification of this Agreement, the Program will announce the modified version of this Agreement on its website and will not notify or explain to each End User individually.

Article 7. Governing Law/and Jurisdiction. This Agreement shall be governed by, construed and enforced in accordance with the following following policies, government-issued orders, laws, international declarations, instruments and standards served as the bases of the data sharing principles of the Program.

The Executive Order No. 43, series of 2011 institutionalizes open, transparent, accountable, and participatory governance. Open Government Data Philippines (OGDP) aims to foster a citizenry empowered to make informed decisions, and to promote efficiency and transparency in government. It provides national government data that are searchable, accessible, and useful to the public. With the help of the government agencies along with public participation, Open Data Philippines advocates the following in order to advance its initiatives on distributing data 1) open data as the default format, 2) must be machine-readable and interoperable, 3) reusable, 4) cost-free, and 5) provides contexts around data.

The Republic Act No. 8293 or the Intellectual Property Code of the Philippines recognizes that an effective intellectual and industrial property system is important for the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. The State policy provides exclusive protection and security of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people. Thus, the state shall promote diffusion of knowledge and information for national development, progress, and the common good. To this effect, IP code streamlines administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.

The Rio Declaration on Environment and Development of 1992, of which the Philippines is a signatory, states that a better scientific understanding of the problems is needed for sustainable development. Knowledge and technologies should be shared among nations. Each individual shall have appropriate access to information concerning the environment that is held by public authorities. The states shall also facilitate and encourage public awareness and participation by making information widely available.

Executive Order No. 192, series of 1987 states that the National Mapping and Resource Information Authority (NAMRIA) is the central depository and distribution facility for natural resources data in the form of maps, statistics, text, charts, etc. store in paper, film or computer compatible media and shall operate information services and networks to facilitate transfer, sharing, access and dissemination of natural resource information in all regions and provinces of the country.

The National Space Development and Utilization Policy (NSDUP) was created to serve as the country’s primary strategic roadmap in securing independent access to space. The policy promotes efficient utilization of space assets and resources among various stakeholders through proper coordination and cooperation. It ensures that space-based information is efficiently shared among agencies and institutions. This policy also addresses existing gaps in space data resource sharing and infrastructure building among government agencies, academe, defense, and private sectors.

The Department of Science and Technology (DOST) Data Sharing Policy, adopted through the DOST Administrative Order No. 003, series of 2015, advocates the access and sharing of all research output and requires research data arising from DOST-funded programs and projects to be accessible to the public in a timely and responsible manner keeping in mind the protection of intellectual properties.

All disputes which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in Quezon City, Philippines in accordance with the Commercial Arbitration Rules of the Philippines Dispute Resolution Center*. The award shall be final and binding upon both parties. Judgment upon the award may be entered in any court having jurisdiction thereof.

Article 8. Confirmation of doubt. If there is any doubt arising from the contents of this Agreement, the End User shall consult such matter with the Program and follow its instruction.

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