MEMORANDUM OF UNDERSTANDING, 1996

Appendix A

In case of potential exportation of products or services derived from ALADIN, the parties will coordinate in order to establish an homogeneous pricing policy.

The rule of financial return in case of sales to a foreign customer by one of the Parties is based upon the application of a royalty fee on the net income.

The amount of the fee is 30% of this net income. It will be returned to the co-owners of the ALADIN software, according to the repartition stated in Appendix "B" and regularly updated following Appendix "C".

Appendix B : Participation in the ALADIN Project at 30th September 1996

Estimated according to the appended «C» rules

Participation in the ALADIN Project at 30th September 1998

Estimated according to the appended «C» rules

Appendix C : Commitment and monitoring of manpower associated to the ALADIN Project

The unit is half a month (for one given person).

Monitoring of manpower amounts is accomplished every three months.

The actions in Toulouse and the ones in Prague on official behalf of RC-LACE are registered immediately while a three months' lag is applied to the deported contributions (including Météo-France's visits abroad and CHMI's independent home contributions), due to the experienced difficulties in collecting the information.

The starting point will correspond to the unofficial recording realised up to then in Météo-France (with information provided by the other Partners) at the last monitoring date before the initial signing of the MoU.

The stays from one country to another (generally but not exclusively in Toulouse and Prague) are registered as full time work on the project.

Other actions are split into two categories:

• (i) coordination tasks for the project and
• (ii) dedicated work on one subject belonging to the recognised topics (research, development and maintenance tasks on and around the ALADIN code; enhancement of diagnostic tools specifically related to the ALADIN results or downstream adaptation procedures linked to the ALADIN products).

It is the responsibility of each Partner to make sure that its reports are in line with the distinction of paragraph 2B (between tasks to be reported and ALADIN linked tasks that are not to be reported) and that this is easily understandable by the recipient of the reports.

Each Partner indicates in advance (and modifies if circumstances require it) which tasks it will perform in each of these two categories. On item (i) the commitments are a given proportion (not less than one sixth) of the total time of one person. On item (ii) they correspond to specific tasks which outcome can be later verified as delivery.

All the relevant information will be made available to all Partners in order

• (a) to allow each one to know the likely future developments he may become interested in and
• (b) to try and avoid unnecessary duplication of efforts.

In order to improve the monitoring of the accomplished tasks the following measures are applied:

• There is one focal point per Partner (and one for RC-LACE) in charge of collecting the information every three months and of passing it to one focal point in Météo-France, where the data base of contributions is maintained;
• Any national report arriving with more than three months' delay in the usual case and later than two weeks before the Assembly of Partners (once a year) is not taken into account, without possibility of later compensation.

Appendix D : Conditions for additional data and products according to the Resolution 40 (WMO Cg-XII) Generic Wording

Data and products originating from (ALADIN Partner) , being the National Meteorological Service (NMS) of (Country of ALADIN Partner) and hereafter called «the Originator», which are described in the annex to this document (to be specified) are made available to sustain WMO Programmes and in particular to assist receiving NMSs in the provision of meteorological services in their countries. The Originator declares that these data and products are part of the additional data and products, in the sense of Resolution 40 (Cg-XII) of the WMO. In conformity with this resolution, the following conditions are placed on their use and all receiving NMSs (hereafter «the Recipient») are notified accordingly. These conditions apply equally to the Recipient and to third parties to whom the data and products are made available by the Recipient. The combined territory of the European Economic Area [EEA] plus Switzerland and Hungary is to be regarded as a single territory in respect of the interpretation of this resolution and the conditions that follow. Where these conditions are not maintained, even after notification of default to the Recipient, the Originator reserves the right to introduce denial of access of those «additional» data and products to the Recipient (for all purposes).

• Intellectual property rights in the data and products are retained by the Originator. Nothing in this transmission shall operate or have effect of any transfer or assignment of the proprietary or intellectual property rights of the Originator. The Recipient should make its best efforts to ensure that the present conditions which have been applied by the Originator are made known to initial and subsequent recipients.
• The data and products are made available to the Recipient in order to sustain WMO programmes at the global, regional and national levels, and to help NMSs meet their national responsibilities. The conditions attached to the data and products will remain attached during further transmission as part of those WMO programmes.
• Any commercial use of the data and/or products outside the territory of the Recipient is prohibited, unless a specific agreement is concluded between the Originator and the operator which wants to make the commercial use of the data and/or products.
• If the recipient uses these data and/or products of the Originator as input for any regional Numerical Weather Prediction (NWP) model output which covers part of, or all of, the combined territory of the European Economic Area plus Switzerland and Hungary, the commercial use of that model output within the combined territory of the European Economic Area plus Switzerland and Hungary (directly or indirectly) is considered to affect the Originator and will therefore be subject to the conditions attached to the data and /or products.
• If the Recipient implements new products or services whose construction would suffer significant degradation by removal of the data and/or products, and from which the data and/or products can be retrieved easily, or their use can be identified unambiguously, the commercial use of these new products or services outside the territory of the Recipient is prohibited unless a specific agreement has been concluded between the Originator and the operator which makes the commercial use. This agreement may be combined with the one referred to in paragraph 3 for the commerial use of the data and/or products.
• Free use of the data and products is granted for research and education for their non-commercial activities; but all other conditions (as listed above) remain attached, particularly where the data and/or products are subsequently released or used outside the territory of the Recipient. The Recipient shall make best efforts to make these conditions known to the entities which might make use of the data and products for research or education. The Recipient should also make best efforts to satisfy itself that this special allowance is properly limited to the use for research and education envisaged under WMO Resolution 40. The Originator reserves the right to request those entities which wish to make use of the data and/or products for research and education to sign a statement recognizing that they have been made aware of the conditions.
• Except for specific agreements provided for in paragraph 3 to 6, and unless the transmission of data and/or products is directed towards NMSs with no other possibilities or means of reception, any re-distribution of the data and products, physically or electronically, outside the territory of the Recipient, directly or through a third party which makes the data and products available for commercial use, is considered to be in breach of these conditions.
• The Recipient shall make its best efforts to make all these conditions known to potential operators which might wish to make commercial use of the listed data and products.

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