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NOAO/AURA Science Archive
Conditions of Use

All data products available from the National Optical Astronomy Observatory (NOAO) science archive - including, but not limited to, images, databases, catalogs, and scientific works, but not including scientific papers produced by researchers using NOAO facilities - constitute intellectual property the ownership of which is claimed by the Association of Universities for Research in Astronomy (AURA), Inc., which manages and operates the NOAO for the National Science Foundation (NSF) pursuant to a Cooperative Agreement. This Agreement gives AURA the right to claim ownership of all intellectual property arising out of its performance of that Agreement, subject to a comprehensive royalty-free licence to the Federal Government. It is the policy of AURA, consistent with the Cooperative Agreement, after a limited period in which an investigator obtaining data using NOAO facilities has exclusive right to utilize those data for scientific purposes, to make all such intellectual property available for free use by the astronomical community throughout the world.

However, the use of NOAO/AURA data products is subject to the Conditions of Use set forth below, and any such use constitutes acceptance of these guidelines.

I. GENERAL CONDITIONS

NOAO/AURA data products may not be used to constitute, state or imply the endorsement by NOAO/AURA, the NSF, or any NOAO/AURA employee of an individual, commercial product, process, service or activity.

Use of NOAO/AURA names and/or logos in publicity, promotion, or advertising is prohibited without prior written consent of NOAO/AURA.

NOAO/AURA, under the sponsorship of the NSF, should be acknowledged as the source of its materials, products, and technologies.

It is unlawful to falsely claim copyright or other rights in NOAO/AURA material.

NOAO/AURA shall in no way be liable for any costs, expenses, claims, or demands arising out of use of NOAO/AURA data products by a recipient or a recipient's distributees.

NOAO/AURA personnel are not authorized to sign "hold harmless" statements or documents granting exclusive rights.

II. ELECTRONICALLY AVAILABLE DATA PRODUCTS

Electronically available materials from the NOAO Science Archive are intended for use for educational, academic, and research purposes and are not intended for commercial use. (But see paragraph below entitled "Commercial Use".)

A. Credit and Copyright Statements

Any use of NOAO/AURA data products should include the following credit statement:

"National Optical Astronomy Observatory/Association of Universities for Research in Astronomy/National Science Foundation and [Survey PI (Survey PI Institution)]"

or

"NOAO/AURA/NSF and [Survey PI (Survey PI Institution)]".

where the Survey Principal Investigator (PI) and Survey PI institution may be obtained from the Archive Holdings web page.

Scientific publications based on data from the NOAO Science Archive should contain the acknowledgement:

"This research uses data provided by Survey PI as distributed by the NOAO Science Archive. NOAO is operated by the Association of Universities for Research in Astronomy (AURA), Inc. under a cooperative agreement with the National Science Foundation."

B. Usage Categories

Three general categories are defined for the use of NOAO data products: educational/research, commercial, and personal (non-profit).

In all categories, electronic products may not be used in an inappropriate manner. Inappropriate use includes but is not limited to: religious materials, gang related materials, ethnic background materials, and political information. Inappropriate use also includes derogatory use of reproductions, authorship of derivative works and other transformations of the original work. The use of data products must not imply endorsement by NOAO/AURA of organizations, products, or services using the data products.

Educational/Research Use: NOAO allows reproduction, authorship of derivative works, and other transformations of the original work strictly for educational and research purposes without further permission, subject to the General Conditions section stated above. Some examples of non-commercial uses for educational and research purposes are: academic curricula developed by teachers, research papers written by students or scholars, non-profit educational or non-profit research publications produced by authors or publishers, educational outreach activities composed by amateur astronomers and news media stories. For other non-commercial uses, permission should be obtained from NOAO/AURA.

Commercial Use: Permission should be obtained from NOAO/AURA prior to use. NOAO will work with vendors on a case by case basis to establish appropriate permissions for use, which in some cases may involve a fee or royalty agreement. Some examples of commercial uses are: non-educational book publications, non-news magazines, calendars, logos and retail products. Commercial vendors should submit a description of the intended use of the data products to the contact address below for verification of appropriate use.

Personal, Non-Profit Use: NOAO allows reproduction, authorship of derivative works, and other transformations of the original work strictly for personal, non-profit/non-commercial/non-retail use without further permission, subject to the second paragraph under II.B. and the General Conditions section stated above. Some examples of personal, non-profit/non-commercial/non-retail uses are downloading data products for personal posters or screensavers or as gifts for friends and relatives.

III. CONTACT

If further information or assistance is needed, please contact:

NOAO Science Archive Permission (archive_permission@noao.edu)
National Optical Astronomy Observatory
P.O. Box 26732
Tucson, AZ 85726-6732

Fax: 520-318-8360

Copyright © 2003 The Association of Universities for Research in Astronomy, Inc. All Rights Reserved