1. Background and Scope. Director's Discretionary time on the Keck I
and Keck II telescopes was used to provide support for the Deep Impact
mission to Comet Tempel.
These telescopes are currently the most powerful telescopes and
instruments available on earth.
Data obtained during the mission on July 4th, 2005 UT is hereby provided
under license to the public for free by the W. M. Keck Observatory/California
Association for Research in Astronomy, hereinafter referred to as CARA,
according to the following terms:
2. License. CARA grants to the user a non-exclusive, non-transferable
license to download, use and copy the data, provided the user
understands and agrees to all terms provided in this Agreement.
3. Ownership of Data.
a) Rights. CARA retains all ownership rights, including copyright,
trademarks, related goodwill and proprietary information. Licensee
shall not have any right, title, or interest to any data or copies
thereof except as agreed upon in writing between Licensee and CARA.
4. Dissemination and Sharing of Research Results.
b) Government Rights. Licensee understands that the data may have been
developed under a funding agreement with the Government of the United
States of America and, if so, that the Government may have certain rights
relative thereto. This Agreement is explicitly made subject to the
Government's rights under any such agreement and any applicable law
or regulation, if any.
a) Notification. User agrees to notify CARA prior to the public release
of any results or information based whole or in part on data obtained
at the W. M. Keck Observatory related to the Deep Impact mission.
Notification shall be made to the Public Information and Outreach
telephone (808) 881-3827; e-mail firstname.lastname@example.org located
at 65-1120 Mamalahoa Hwy.; Kamuela, HI 96743.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL CARA BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT
OF THE USE OF THE DATA OR SOFTWARE BY ANY PERSON OR ORGANIZATION.
THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION.
b) Press releases. Results which appear to be of special interest
to the general public may be made the subject of a CARA press release
to the news media. In the event that the licensee organization wishes
to join with CARA in a simultaneous news release, arrangements may be
made through the CARA Public Information and Outreach Office as indicated
c) Sharing of Results. Up to two copies of every publication based
on or developed in part with data obtained at the W. M. Keck Observatory
shall be provided to the CARA Public Information and Outreach Office as
d) Acknowledgement. User agrees to provide acknowledgement of W. M. Keck
Observatory in every publication (including World Wide Web pages) of any
published material based on data obtained at the W. M. Keck Observatory,
in the following terms: "This material is based on data obtained at the
W. M. Keck Observatory, which immediately made its data available to the
public after impact occurred on July 4, 2005. The user is encouraged to
cite which instrument was used to collect the data. In the case of Deep
Impact, the HIRES instrument was used on Keck I and NIRSPEC was used on
The W. M. Keck Observatory requests that all scientific papers based on
Keck data include the following acknowledgement: "The data presented
herein were obtained at the W.M. Keck Observatory, which is operated
as a scientific partnership among the California Institute of Technology,
the University of California and the National Aeronautics and Space
Administration. The Observatory was made possible by the generous
financial support of the W.M. Keck Foundation."
The Observatory further requests all authors to include the following statement in the acknowledgement section at the end of their published paper:
"The authors wish to recognize and acknowledge the very significant cultural role and reverence that the summit of Mauna Kea has always had within the indigenous Hawaiian community. We are most fortunate to have the opportunity to conduct observations from this mountain."
User agrees to provide oral acknowledgment to the W. M. Keck Observatory
during news media interviews, including radio, television, Internet,
telephone and video broadcasts when discussing findings associated
with these data.
6. GOVERNING LAW; JURISDICTION AND VENUE. The validity, interpretation,
construction and performance of this Agreement shall be governed by
the laws of the State of Hawaii. The Hawaii state courts of County,
Hawaii (or, if there is exclusive federal jurisdiction, the United States
District Court for the District of Hawaii) shall have exclusive jurisdiction
and venue over any dispute arising out of this Agreement, and Licensee
hereby consents to the jurisdiction of such courts.
7. SEVERABILITY. If any provision of this Agreement shall be held by
a court of competent jurisdiction to be illegal, invalid or unenforceable,
the remaining provisions shall remain in full force and effect.
8. General: This Agreement constitutes the entire understanding between
CARA and Licensee with respect to subject matter hereof. All captions
and headings in this Agreement are for purposes of convenience only
and shall not affect the construction or interpretation of any of
its provisions. Any change to this Agreement must be in writing,
signed by CARA and Licensee. Terms and conditions set forth in
any agreement which differ from, conflict with, or are not included
in this Agreement, shall not become part of this Agreement unless
specifically accepted by CARA in writing.
LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND
AGREES TO ALL OF ITS TERMS AND CONDITIONS.