AGREEMENT № _______
On the delivery of unexceptional rights
« » ________________ 2006.
Moscow, _____________________
Project «GEF-UNEP-WWF-ECONET Central Asia», further on called PROVIDER, represented by
the head of WWF Central Asian Programme and regional manager of the project, Dr. Olga Pereladova,
acting on the base of WWF – UNEP contract on ECONET Central Asia project implementation – on one
side, and ________________________________________________________________________,
further on named USER, represented by ________________________________________________,
acting on the base of ___________________________________________________________________
on the other side, concluded the Agreement on the following:
1. Terminology.
1.1.
«Numerical product» - a part of a special-purpose Geographical information system (GIS)
«Geo-informational database for the territory of Central Asia, 1:1000000, 1:200000» (in the recent
state, as it is delivered to the USER).
1.2.
«Database» - objective form of presentation and systematization of a totality of data (for
example, articles, calculations, etc.) organized in a way, that any data can be searched and analyzed with
the help of computer program;
1.3.
«Adaptation of Database and / or Numerical product – inserting changes aimed on
functioning of the Database and / or Numerical product installed in the specific equipment of the USER
or under management of specific programs of the USER.
1.4.
«Modification (processing) of Database and / or Numerical product – any changes, which
cant be qualified as adaptation;
1.5.
«Reproduction of Database and / or Numerical product Цифрового Продукта» production of one or more copies of the numerical product, including the hard disk memory;
1.6.
«Distribution of the Numerical product» - putting the numerical product in any reproduced
form under access – including internet or any other way, as well as sail, rent, lending, including export
for any of these purposes;
1.7.
«Utilization Numerical product» - reproduction, distribution and other actions on putting
the Numerical product into economic use (including modified form of the Numerical product).
Information to mass media on the completed for use Numerical product is not considered as utilization.
1.8.
«Corresponding materials» printed and other forms of materials, created under this
agreement;
1.9.
«Material copy of the Numerical product» - Numerical product recorded in the electronic
form on a coinciding mediums.
2. Object of the Agreement
2.1. PROVIDER delivers to the USER Numerical product (Database /GIS of the project ECONET
Central Asia) in the scope and composition, as it was created in the frame of the project by the moment
of official end of the project and under conditions, included in this Agreement.
3. The price and order of payment
PROVIDER delivers Numerical product to the USER free of charge.
4. Content of the database and GIS
1. Component «Topological background» includes catalogues:
 Geodetic base – 2 layers,
 Communications and buildings (including roads) – 9 layers,
 Politico-administrative subdivision of the region - 2 layers,
 Vegetation cover – 5 layers,
 Hydrography - 7 layers,
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 Towns and settlements - 4 layers,
 Industrial and agricultural zonation - 3 layers,
 Relief - 5 layers.
2. Component “POJECT DATA”:
- «Biodiversity and socio-economic characteristics of the region» includes:
 Layers with the results of satellite images processing;
 Layers with the key species distribution – sites of recent registration and habitats – plants,
reptiles, birds and mammals;
 Layers of ecosystems and ecoregions;
 Layers of the existing system of protected areas;
 Layers of socio-economic characteristics of the region.
- Maps of integrated analysis
- ECONET schemes
5. Scope and content of the delivered rights
5.1. Delivering a Material copy of the Numerical product PROVIDER hand over to the USER
unexceptional rights, unlimited in time, to accomplish the following actions with the Database and GIS
on the territory of Central Asia:
5.1.1. Execute Adaptation of Database and / or Numerical product
5.1.2. Execute modification (processing) of Database and / or Numerical product in the part, containing
non-geographical information (Component “POJECT DATA”). It is obligatory to mark the original
and modified numerical products by the following trade marks and copyright protection:
© Data-plus
©GEF-UNEP-WWF- «ECONET Central Asia»
5.1.3.
Different components of the Numerical product delivered by the PROVIDER fall under different levels
of legal regulation.
5.1.4. Component «Topological background», which includes materials under license, purchased by
WWF from “Data –plus” and falling under coinciding legal regulation – are delivered for internal use
only, can’t be secondary delivered, presented in internet, published in any way in a form of separate
layers.
5.1.5. Component “POJECT DATA” can be used in any necessary combinations for:
 Accomplishment of measures / works on implementation of regional and national strategies /
action plans on biodiversity conservation and sustainable development;
 For development and implementation of plans and projects on implementation of ECONET and
its separate elements, on the development of the system of specially protected nature territories,
sustainable development (land- and resource-use), combat desertification, protection of single
species of special importance and ecosystems, etc.
 For preparation of national and regional reports, connected with obligations of the countries on
different biodiversity conventions and agreements (CBD, CMS and MOUs under it, Ramsar,
SITEC, etc.).
 Accomplishment of measures / development and implementation of projects, aimed on the
execution of REAP goals, in particular – supporting decision-making system, preparation of
Electronic Atlas of the Region of Central Asia, etc.
5.1.6. Supplement “POJECT DATA” with up-to date information (data of other projects), but without
inserting changes in the existing layers, but creating new GIS layers on the same base, indicating
authors of the new information layers. In case of future use of integrated information, compiled from the
initial “POJECT DATA” and new layers, copyright protection should be placed together: the initial
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background information ( © Data-Plus; © GEF-UNEP-WWF- «ECONET Central Asia»), and authors of
the additional information.
5.2. USER has no right to:
5.2.1. Reproduce of Database and / or Numerical product for purposes other then described in 5.1.3 –
5.1.6.
5.2.2. Delete or mask copyright protection labels from the Numerical product.
5.3. USER has no right to execute the following activities over the Numerical product:
5.3.1. Use the Numerical product in a original or modified version for creation of its paper or electronic
(CD-ROM) copy, assigned for replication or handing over to printing house for further publications for
the purposes other then enumerated in the point 5.1.5; copyright protection labels ©GEF-UNEP-WWF«ECONET Central Asia» should be present on all layers in case of publication for the purposes named
in the point 5.1.5;
5.3.2. Deliver the Numerical product or any part of it to the third parties with a purpose of distribution,
as well as Corresponding materials;
5.3.3. Rent, loan or deliver the Numerical product or any part of it to the third parties without a written
permission of the PROVIDER;
5.3.4. Render machinery time with the possibility of usage of the Numerical product and Corresponding
materials for commercial purposes to outside persons and organizations.
6. Rights and obligations of the parties.
6.1. PROVIDER has a right to check execution of this Agreement by the USER.
6.2. The USER must ensure possibility check execution of this Agreement by giving free access of the
representatives of the PROVIDER to the network working places in accordance to a timetable, agreed by
both sides;
6.3. USER should obligatory use the Numerical Product in accordance to the legislation of the countries
of Central Asia, Law on “Geodesy and Cartography of RF” and coinciding statutory acts of the Federal
Agency of Geodesy and Cartography of RF and _____________________________________________
______________________________________________________.
6.4. In case of braking the above-named rules and conditions the USER needs to return the Numerical
Product.
7. Conditions of confidentiality.
7.1. USER accepts liability to undertake takes rational measures on the protection of Numerical Product
and Corresponding materials from unapproved use, replication, distribution and publication.
7.2. Delivery of the Numerical Product and Corresponding materials from the PROVIDER to the USER
is not confidential, as the purpose of delivery is a real use of the “PROJECT DATA” for supporting
regional decision-making system and civil society involvement (in condition of preservation of
authorship of the project materials).
8. Responsibility of the parties
8.1. Parties are responsible for nonfulfillment or incorrect fulfillment of the conditions of this Agreement
in accordance to the legislation of Russian Federation and countries of Central Asia (_______________).
8.2. All disputes which occur in connection with this Agreement should be solved by negotiations and
discussions; in case that the negotiations don’t allow to arrive to positive results – in the arbitral court
of Moscow.
9. Other conditions.
9.1.The Agreement comes into force when signed and is valid until all obligations of the parties
under this Agreement are completed.
9.2. The agreement can be changed as result of signing motivated attachment with corrections.
9.3. In case that some particular definitions of the Agreement become invalid that is not extended on the
other definitions and conditions of the Agreement.
9.4. Titles of the sections of the Agreement and its additions are meant for comfort of usage of their texts
and won’t be taken into consideration as determinative in interpretation of any of the paragraphs, as well
as reformative, or explanatory for the statements of the Agreement or its attachments.
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9.5. The Agreement is submitted in two copies, both possess equal power and authority for each
of the parties.
10. Legal addresses of the parties.
PROVIDER:
WWF Central Asian Programme
с/о WWF Russia
19, bd. 3, Nikoloyamskaya,
109240, Moscow,
Russia
Tel.: +495 727 09 39
Fax: +495 727 09 39
e-mail: Russia@wwf.ru
opereladova@wwf.ru
USER:
Representing PROVIDER:
Head of WWF Central Asian Programme and
regional manager of the project GEF-UNEPWWF –ECONET Central Asia project
USER representative
Dr. Olga Pereladova
"____"___________2006.
"____"___________2006.
Russian Programme Office WWF
Head of WWF RO
Olga Jouravleva
"____"___________2006.
"____"___________2006.
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