Fill and Sign the Standard Data License Agreement Secgov Form

SEISMIC DATA AND OPERATIONS The Parties agree as follows regarding seismic data: 1. _____ shall contribute all proprietary seismic data and all non-proprietary seismic data affecting the Contract Area in its possession as of the effective date of thi s Agreement, to the extent the data is not restricted by confidentiality or licensing agreement s with third parties. It is specifically understood and agreed that each Party has the right to sell, tra de, and/or otherwise market seismic data involving the Contract Area which was in its possession pri or to the effective date of this Agreement, and the benefits and advantages, including monet ary consideration, which it receives as a result of those activities shall be the sol e property of the party who owns the data. _____ makes no warranty or representation of any kind or character as to the completeness, quality, or accuracy of the data furnished. Any action taken by any Part y as a result of reliance on the data shall be at its risk and expense. No party shall have the right to use the seismic data contributed by another party for any purpose whatsoever, other than in connection with this Agreement. 2. In the event _____ agree to acquire and/or shoot additional seismic data within the Contract Area, the parties shall agree on which party will be responsible for the a cquisition and/or shooting of the data (“Acquiring Party”). That party shall conduct all seismic and re lated activities, including, but not limited to: permits, field acquisition, processing, m odeling, and inversion of seismic data. _____ agree that while conducting the work, the parties may uti lize their own or their respective affiliates’ employees to perform the field acquisition and the initial processing of seismic data which is required to be performed prior to modeling it. The Acquiring Party shall pay all costs associated with the acquisition, shooting, and/or processi ng of the seismic data and shall bill the other party for its proportionate share of all costs so incurred. All seismic and related data obtained, acquired or processed shall be the joint prope rty of the parties, and the data shall be acquired in the names of _____. It is understood and agreed by the parties that any method(s) or process(es) utilized by _____ concerning the seismic and relat ed data shall remain the sole property of the party who developed the methods(s) or process(es). No party will license or trade licenses for the use of any seismic data, or sell proprie tary seismic data acquired during the term of this Agreement without the written consent of the other party. 3. _____ shall be entitled to review, reproduce, and/or reprocess all proprietary seismic data contributed or acquired under the terms of this Agreement. All review of non- proprietary seismic data shall be conducted in the offices of the party who owns the rights to the data and the data shall not be reproduced in any manner. No party shall permit a ny third party(ies) to review the proprietary or non-proprietary seismic data of the other parties, or seismic data jointly acquired without the prior written consent of the party owning the da ta. No third party(ies) shall be permitted to review any seismic data contributed or acquire d unless the third party(ies) agree(s), in writing, to be bound by the confidentiality provisions of this Agreement. 4. Unless specifically excluded by the terms of this Agreement, _____ shall have access to and receive the benefit of all seismic activity conducted by any of t he parties with the Contract Area during the term of this Agreement.