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Chapter 12. Disclaimers

Any use of trade, product, or firm names is for descriptive purposes only and does not imply endorsement by the U.S. Government nor the GLOBE Task Team.

The user accepts full responsibility for use or misuse of these data. Please read the following warnings, extracted from elsewhere in this document (Section 1):

Note that GLOBE Version 1.0, like other digital topographic data, are insufficiently accurate over their full global extent to be taken too literally for mission-critical applications. They must always be interpreted with extreme caution. They should not be used exclusively in mission-critical or life-critical applications.

The following passage was provided by NIMA:

"The data contained in DTED Level 0 is a derivative set only, and does not represent the entire Department of Defense archive of terrain data. In making these data available to the general public, NIMA in no way alters the controlled status of the remaining archives. Technical support or general assistance with respect to DTED Level 0 is available only to U.S. Government users. NIMA requests that products developed using DTED Level 0 credit the source with the following statement: "This product was developed using DTED Level 0, a product of the National Imagery and Mapping Agency."

Warranty Disclaimers and Requirements:

a. Under 10 U.S.C. 456, no civil action may be brought against the United States on the basis of the content of data prepared or disseminated by either the former Defense Mapping Agency (DMA) or NIMA.

b. DTED Level 0 was developed to meet only the internal requirements of the DOD. DTED Level 0 is provided "as is," and no warranty, express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose or arising by statute or otherwise in law or from a course of dealing or usage in trade, is made by NIMA as to the accuracy and functioning of the product.

c. Neither NIMA nor its personnel will be liable for any claims, losses, or damages arising from or connected with the use of DTED Level 0. The user agrees to hold harmless the U.S. National Imagery and Mapping Agency. The user's sole and exclusive remedy is to stop using DTED Level 0.

d. For any products developed using DTED Level 0, NIMA requires a disclaimer that use of DTED Level 0 does not indicate endorsement or approval of those products by either the Secretary of Defense, the former Defense Mapping Agency, or the National Imagery and Mapping Agency. Pursuant to the United States Code, 10 U.S.C. 445, the name of the Defense Mapping Agency, the initials "DMA," the seal of the Defense Mapping Agency, the name of the National Imagery and Mapping Agency, the initials "NIMA," the seal of the National Imagery and Mapping Agency, or any colorable imitation thereof shall not be used to imply approval, endorsement, or authorization of a product without prior written permission from the U.S. Secretary of Defense."

The following passage was posted on USGS's GTOPO30 Web site:

"Please note that some U.S. Geological Survey (USGS) information contained in this data set and documentation may be preliminary in nature and presented prior to final review and approval by the Director of the USGS. This information is provided with the understanding that it is not guaranteed to be correct or complete and conclusions drawn from such information are the sole responsibility of the user."

The above-noted disclaimers are applicable, as adapted by including the appropriate data source(s) and processor(s) to all portions of GLOBE, from all sources. In addition, they are applicable to the entire GLOBE data set, associated data files (such as source/lineage data), and documentation.

The following passage applies to the AUSLIG/NGDC DEM for Australia:

"The AUSLIG/NGDC DEM for Australia [see Section 5.A.ii for extent of these data] is Commonwealth Copyright, AUSLIG, Australia's national mapping agency (1998). All rights reserved. These data have been reproduced with the permission of the General Manager, Australian Surveying and Land Information Group, Department of Industry, Science and Tourism, Canberra, ACT.

The Commonwealth of Australia is the owner of the data.

The data are licensed to NOAA/NGDC for distribution with GLOBE.

AUSLIG is the custodian of the copyright of the maps and data products it produces on behalf of the Australian Government, ie. the Commonwealth. This custodianship has been devolved to AUSLIG by the Australian Government Publishing Service.

AUSLIG has a statutory responsibility to administer the Commonwealth Copyright of all its products. AUSLIG does not give away copyright. Rather it grants a right to use its products as specified in any application to use its products, ie., a license.

AUSLIG encourages the widest possible use of any material over which it administers copyright within the provisions of the Copyright Act. We undertake to give prompt consideration to all requests for use of AUSLIG copyright material.

No AUSLIG material may be copied, traced, digitized, stored on a computer system or transmitted in any form, or by any means, whether electronic, mechanical, photocopying, recording or otherwise, or translated into another language, until an application has been made and permission has been received."

Note: This means that you may use the AUSLIG-copyright data internally, but may not copy or redistribute those data without permission from AUSLIG. AUSLIG invites requests for permission to use/license the data for redistribution as it wants to encourage the use of the data.

NOAA's standard disclaimer reads as follows:

"While every effort has been made to ensure that these data are accurate and reliable within the limits of the current state of the art, NOAA cannot assume liability for any damages caused by any inaccuracies in the data or as a result of the failure of the data to function on a particular system. NOAA makes no warranty, expressed or implied, nor does the fact of distribution constitute such a warranty. The user must be cautious when using these data. None of the data represented here are perfect. As in many complex scientific endeavors, error can be expected."

Also see Sections 6 and 7.


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