LICENSE AGREEMENT


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.

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.
4. Dissemination and Sharing of Research Results.
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 Office, telephone (808) 881-3827; e-mail newsletter@keck.hawaii.edu located at 65-1120 Mamalahoa Hwy.; Kamuela, HI 96743.

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 above.

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 listed above.

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 Keck II.

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.
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.

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.