ALOS End User License Agreement

The Alaska Satellite Facility (ASF), as the designated distributor of Advanced Land Observing
Satellite (ALOS) for the Americas zone, distributes ALOS products by itself or through its
distributor(s) under the terms and conditions of the End User License Agreement.

Section 1 Definitions

1. "End User" means the person, legal business entity, public entity or any other legal entity who
   obtains the Product and is considered to have accepted this End User License Agreement. In the
   case of a public entity, the End User is deemed to be only the part, division, etc. of the public
   entity located at the address to which the Product is supplied, unless otherwise agreed upon by
   ASF in writing and in advance.
2. "Product" means any ALOS satellite data product supplied by ASF. Product is classified as standard
   product, Derivative Work Product and Value Added Product (VAP). Definition of the three product types is shown below.

   Standard Product	Level 1 Data (CEOS format) PRISM Level 1A, 1B1, 1B2 AVNIR-2 Level 1A, 1B1, 1B2 PALSAR Level 1.0, 1.1, 1.5
   Derivative Work Product	A processed product using the Standard Product which retains the original pixel structure and can be converted back to the Standard Product
   Value Added Product (VAP)	A highly processed product using the Standard Product which does not retain the original pixel structure and can not be converted back to the Standard Product.

3. "Extracted Image" means any work derived from the Product in a secure format, such as PDF and JPEG that allows only the viewing and printing of the work.
4. "JAXA" means the Japan Aerospace Exploration Agency.
5. "METI" means the Japanese Ministry of Economy, Trade, and Industry.
6. "Related Parties" means the parties that have been involved in the creation, production, distribution or delivery of the Product.

The End User accepts and agrees to be bound by the terms and conditions of this End User License Agreement by doing any of the following:

1. placing an order for the supply of the Product with any order procedure, including but not limited to the ASF's internet search and order interface.
2. downloading, installing or manipulating the Product on any computer hardware.
3. accepting, in whole or in part, a quotation describing the Product.
4. printing or otherwise using the Product.
5. damaging or destroying the Product.
6. retaining the Product for more than 14 days after the date of receipt thereof.

Section 2 Permitted Uses

1. The End User shall utilize the Product for peaceful purposes only.
2. By accepting the terms and conditions of the End User License Agreement, the End User is granted a
   non-exclusive and non-transferable license to only
   1. use the Product solely for his/her own internal purposes;
   2. make copies of the Product for back-up purposes;
   3. make the Product available to contractors only for use on behalf of the End User;
   4. use the Extracted Image on a non-commercial basis, in research reports or other type of publication with the copyright notice conspicuously displayed;
   5. post the Extracted Image, on the End User's internet site at a maximum size of 1024 x 768 pixels, with the copyright notice conspicuously displayed.
3. The End User may, for a Product purchased under the commercial price, develop, sell, transfer and reproduce a VAP with the copyright notice conspicuously displayed. The End User must purchase at least one additional Product every time the End User develops a new kind of VAP.

Section 3 Prohibited Uses

1. The End User shall not use the Product other than for peaceful purposes.
2. The End User shall not reproduce, resale or transfer the Product other than as described in permitted uses.
3. The End User shall not delete, obscure, remove or alter any copyright notice that is contained in or appears on the Product.

Section 4 Intellectual Property Right and Copyright Notice

1. The End User confirms that JAXA (JAXA and METI in the case of PALSAR data) owns all intellectual property rights, including copyrights, for ALOS Standard and Derivative Work products.
2. The End User owns all intellectual property rights, including copyrights, which result from the End User's act of interpretation, adaptation, authorship or any other work on the Standard Product resulting in the creation of a VAP. All VAP products must be accompanied with the copyright notice.
3. The End User agrees that any embodiment of the Product permitted under this agreement shall contain the following copyright notice. The copyright notice shall be prominently displayed and the [year] field correctly filled with a numerical value corresponding to the year of raw data acquisition.

Section 5 Limited Warranty - Disclaimer

1. For a period of thirty (30) days from the date of delivery to the End User of the Product by ASF or its distributor, ASF shall provide a limited warranty that the Product shall substantially meet ASF's specifications and contains data regarding the area and under a format specified by the End User (the "Limited Warranty").
2. ASF's sole liability arising out of a possible non-conformity of item 1 will be immediately replacing the Product if and after the End User returns the Product within the 30-day Limited Warranty period. The End User's sole and exclusive remedy, if, for any reason, ASF is unable to replace the Product shall be a refund of the purchase price paid by the End User for the Product.
3. Except for the Limited Warranty; neither ASF nor the Related Parties, if any, warrants that the Product is free of bugs, errors, defects or omissions. The Product is provided as is with no warranty of merchantability or fitness for a particular purpose, non-infringement or with any other representation or warranty, whether express or implied. No information provided by ASF, any agent or employee or the Related Parties or their agents or employees, if any, shall create a warranty, or in any way increase the scope or remedy of the Limited Warranty. The End User is not allowed to rely on any such information.
4. To the maximum extent permitted by applicable law, the liability of ASF and the Related Parties, if any, for damages relating to any product and services relating thereto, shall be limited to the actual amounts paid by the End User for such product or services relating thereto. ASF and the Related Parties shall have no liability to the End User for any damage suffered by the End User or any third party, as a result of using products, developing, selling and transferring, and reproducing the product in accordance with Section 2 hereof, or distributing any portion thereof, or as a result of any products or services relating thereto. Notwithstanding the foregoing, in no event shall ASF or Related Parties be liable for any loss of revenue, profit or data, or for indirect, punitive, special, incidental or consequential damages of any character, including, without limitation, any commercial damages or losses, however caused and regardless of the theory of liability, arising out of the use or inability to use the products, any portion thereof or services relating thereto, even if ASF or the Related Parties have been informed of the possibility of such damages. In no event shall ASF's or that of the Related Parties, if any, for any loss or damage to the End User exceed the price paid for the product.

Section 6 Miscellaneous

No waiver or modification of the End User License Agreement will be valid unless agreed to in writing by ASF. If any provision of the End User License Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue to be valid and
enforceable. Neither the End User License Agreement nor any of the rights granted by it may be assigned or transferred by the End User without the prior written consent of ASF. This restriction on assignments or transfers shall apply to assignments or transfers by operation of law, as well as by contract, merger or consolidation. Any attempted assignment or transfer in violation of the foregoing will be void.

Section 7 Governing Law and Jurisdiction

This End User License Agreement shall be governed by the laws of the United States of America.