kp EUMETSAT Monitoring weather and climafe from space Surveiller le temps et le climat depuis fespace DRAFT COOPERATIVE AGREEMENT BETWEEN THE MINISTRY

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7 kp EUMETSAT Monitoring weather and climafe from space Surveiller le temps et le climat depuis fespace DRAFT COOPERATIVE AGREEMENT BETWEEN THE MINISTRY OF SCIENCE, TECHNOLOGY, INNOVATIONS AND COMMUNICATIONS OF BRAZIL (MCTIC) THROUGH THE NATIONAL INSTITUTE FOR SPACE RESEARCH (INPE) AND THE EUROPEAN ORGANISATION FOR THE EXPLOITATION OF METEOROLOGICAL SATELLITES (EUMETSAT) ON THE CONDITIONS OF USE OF EUMETSAT DATA AND PRODUCTS Page 1 of 8

8 EUMETSAT Monitoring weather and climate from space Surveiller le temps et le climat depuis I'espace The Ministry of Science, Technology, Innovations and Communications (MCTIC) of the Federal Republic of Brazil, sited at the Federal District of Brazil, enrolled at CNPJ under n /0018-2, in this act represented by the State Minister of Science, Technology, Innovations and Communications, GILBERTO KASSAB, identity number SSP- SP, CPF/MF , designated Minister by Presidential Decree of 12 May, 2016, published at the Federal Official Records DOU of 13 May, 2016, and the National Institute for Space Research, enrolled at CNPJ under N / , (hereinafter referred to as "INPE"), herein represented by its Director Ricardo M. O. Galvão And The European Organisation for the Exploitation of Meteorological Satellites, established by the Convention opened for signature in Geneva on 24 May 1983 and entered into force on 19 June 1986, as amended by the Amending Protocol attached to Council Resolution EUM/C/Res. XXXVI, which entered into force on 19 November 2000, (hereinafter referred to as "EUMETSAT"), herein represented by its Head of Legal Affairs, Mechtild Lauth AGREE hereby to establish this Cooperative Agreement ("This Agreement") to grant INPE access to EUMETSAT satellite data and products in accordance with the following conditions: DEFINITIONS - Actual Audience means the arithmetic average of the total actual audience (total audience except children under 3 years old), based on the full 24-hour period and over a period of approximately 1 year, expressed as average audience per day. The result of this calculation will be rounded up to the next 10, Application: a software programme that runs on a computer, mobile device or other electronic devices and which displays images based on Meteosat data. - Application download: transfer of an Application onto a computer, mobile device or other electronic devices from another computer or the Internet. Should the number of downloads not be available, the maximum fee will apply. - Broadcaster means the licensee identified in the heading of this licence who acquires Meteosat data to do Broadcasting. - Broadcasting means to disseminate images based on Meteosat Data through electronic public information systems including, but not limited to, Internet, terrestrial and satellite transmissions. - End Users means those users who use Meteosat Data for their own commercial, industrial or personal purposes and do not pass on such item to any further user or use it to generate a Value Added Service. - Half-hourly Meteosat Data means those Meteosat Data referenced by EUMETSAT in time to each clock hour and 30 minutes after each clock hour (UTC). - Hourly Meteosat Data means those Meteosat Data referenced by EUMETSAT in time to each clock hour (UTC). Page 2 of 8

9 EUMETSAT Monitoring weather and climate from space Surveifler le lemps et le climat depuis I'espoce - High Rate SEVIRI Data ineans high rate image data from the SEVIRI instrument of a Meteosat Second Generation satellite, processed to levei 1.5 by the EUMETSAT Ground Segment. - Low Rate SEVIRI Data means low rate image data from the SEVIRI instrument of a Meteosat Second Generation satellite, processed to levei 1.5 by the EUMETSAT Ground Segment. - Meteosat Data means ali High Rate/Low Rate SEVIRI Data generated by the Meteosat Second Generation satellites. - Other Metop Data and Products means ali global and regional level 1 products of the IASI, ASCAT, GRAS and GOME-2 instruments that are generated by the Core Ground Segment. - Page Consultation means any single click originated from one IP address on a web page containing images based on Meteosat Data. - Quarter-hourly Meteosat Data means those Meteosat Data referenced by EUMETSAT in time to each clock hour and 15 minutes, 30 minutes and 45 minutes after each clock hour (UTC). - Rapid Scanning Data means those Meteosat Data acquired by scanning of a certain geographical area within the footprint of a Meteosat satellite in more frequent time intervals than the nominal full disk repeat cycles. For the purposes of access conditions, Rapid Scanning Data shall be provided only in conjunction with the full set of Meteosat Data. - Sei-vice Provider means the Licensee identified in the heading of this licence who acquires Meteosat Data in order to supply Value Added Services under specific conditions to third parties who are clearly identified and known to the Service Provider. - Value Added Services (VÁS) ineans ali meteorological services which are derived from Meteosat data or products, specifically conceived for the needs of users and made available under specific licence conditions. 2 OBJECT - USAGE RIGHTS By this cooperative agreement EUMETSAT authorises 1NPE, on a non-exclusive basis, to use the requested data sets for the purpose mentioned in Annex 1 of this Agreement. This authorisation shall not include radio transmission and/or publication and/or broadcasting and, in particular, for the purpose of television broadcasting on the TV channel(s) or broadcasting on the Internet site(s) or applications, as referred to in Annex 2 of this Agreement. 3 EXCLUSIONS Except to the extent permitted under this Agreement for the purpose and for the annual fee expressed in Annex 1, no authorisation is given to grant licences for or to allow access to the requested data sets to any third party. This exclusion applies explicitly also to other governmental institutions in Brazil. No authorisation is granted to retransmit to any third party the requested data sets without transformation. In the event INPE's custoiner is a service provider, this other service provider must conclude a separate agreement with EUMETSAT. Page 3 of 8 VU~

10 EUMETSAT Monitoring weather and climate from space Surveiller te temps et te climat depuis I'espace 4 RECEPTION 4.1 Upon receipt of this Agreement duly countersigned, INPE will receive the requested data sets indicated in Annex 1 via EUMETCast Terrestrial on the understanding that the EUMETCast Terrestrial service ("the service") is provided on a best effort basis. 4.2 Where relevant, the necessary decryption key units, software packages and passwords (decryption equipment) required to decrypt and use the requested data sets shall be made available to INPE. The decryption equipment is provided at cost. 4.3 The cost for the decryption equipment cover manufacturing and handling and shall be payable by INPE. The amounts shall be non-refundable. In case INPE should already have (and have paid for) the necessary decryption equipment, at the time of countersigning this Agreement, further payment is not required. 4.4 Upon receipt of the amount to cover the cost referred to above, EUMETSAT shall activate the decryption key unit(s) for reception of the Meteosat Data and other Metop data and products and shall keep the decryption key unit(s) activated for the duration of this Agreement. 4.5 EUMETSAT shall not be liable for any adaptations carried out or required to be carried out to any other equipment or software used by INPE or for the interface between such adaptations and the decryption equipment referred to above. Nothing in this Agreement shall be deemed to be any representation or warranty on the part of EUMETSAT relating to the properties, quality, or fitness for use or purpose of the decryption equipment. EUMETSAT shall bear no liability for any consequences, whether direct or indirect, arising from any use of the decryption equipinent. INPE shall hold EUMETSAT harmless from any claims arising from such use. 4.6 INPE shall not transfer, pass on or make available the decryption equipment in any way to any third party without EUMETSAT's prior written consent. 5 FEE AND PAYMENT 5.1 The use of Other Metop Data and Products is granted without charge. 5.2 The use of Meteosat Data is subject to an annual fee, referred to in Annex 1 of this Agreement. The annual fee shall be payable in advance in one instalment. Ali payments shall be due and in EUMETSAT's bank account within 30 days of the date of EUMETSAT's invoice. The payments shall be made without deduction or compensation of any kind to the bank account indicated on the invoice. Page 4 of 8

11 EUMETSAT Monitoring weather and climate Irom space Surveiller le femps et le climat depuis I'espace 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1 Ali intellectual property rights in the requested data sets shall be and remam n the property of EUMETSAT. INPE acknowledges the full title and ownership by EUMETSAT of all the requested data sets. Intellectual property rights of the images based on requested data sets shall be shared between EUMETSAT and 1NPE. 6.2 IMPE acknowledges that the requested data sets are protected from use by unauthorised third parties by EUMETSAT's intellectual property rights and by competition law. 6.3 INPE shall take all reasonable steps to prevent damage or any infringement of EUMETSAT's intellectual property rights. IMPE shall inform EUMETSAT immediately, should it become aware of actual or potential infringeinent of EUMETSAT's intellectual property rights. 6.4 INPE agrees when displaying or publishing images based on Meteosat Data and transformed Other Metop Data and Products to show in combination with such images and transformed products an acknowledgement indicating EUMETSAT as the source of the original Meteosat image and/or the original Other Metop Data and Products. 7 LIABILITY 7.1 Nothing in this Agreement shall be deemed to be any representation or warranty on the part of EUMETSAT relating to the properties, qualities or fitness for use or purpose of the requested data sets. EUMETSAT shall bear no liability for any consequences, whether direct or indirect, arising from any use of the requested data sets and INPE shall hold EUMETSAT harmless from any claims arising from such use. 7.2 If the provision of Meteosat Data licensed and of Other Metop Data and Products licensed should be discontinued at any time for any reason, in particular if the service cannot be maintained, the fee referred in paragraph 5.2 of this Agreement will be reduced pro rata for the period of the occurrence. A discontinuation during less than 48 hours shall not be counted as such. EUMETSAT shall have no further liability in case of deterioration, reduction or discontinuation of the provision of the Meteosat Data. Furthermore, there will be no compensation in relation to any data sets made available via the service for any period during which the service is discontinued. Page 5 of 8 ~/

12 EUMETSAT Monitoring wealher and climate from space Surveilier le temps et le chmot depuis ['espace 8 TERMINATION 8.1 Either MCTIC/INPE or EUMETSAT may terminate this Agreement at the end of each twelve-monthly period from the starting date specified in Annex 1 of this Agreement, provided three inonths prior notice of such termination has been given in writing. 8.2 EUMETSAT shall be entitled without prejudice to any other rights and remedies, to terminate this Agreement without notice in the event INPE fails to observe any of its obligations under this Agreement. 9 SETTLEMENT OF DISPUTES 9.1 Any dispute in the interpretation or impleinentation of the tenns of this Agreement which cannot be resolved at the operational levei will be referred to the Director-General of EUMETSAT and the Director of INPE for resolution. 9.2 Any dispute which cannot be settled by the Parties may, upon agreement of the Parties, be submitted to conciliation, mediation, arbitration, or other form of dispute resolution. 10 NON-ASSIGNMENT MCTIC/INPE sha11 not assign this Agreement in whole or in part to a third party without EUMETSAT's prior written consent. Signed in three originais, in the English and Portuguese languages, both texts being equally valid. In... In... in I' On... On... For MCTIC For EUMETSAT Gilb o Kassab Ric o M. O. Galvão Mechtild Lauth Director Head of Legal Affairs Page 6 of 8

13 QEUMETSAT Monitoring weother and climate from space Surveiller le temps et le climof depuis I'espace Annex 1 User: Ministry of Science, Technology, Innovations and Communications (MCTIC) through National Institute for Space Research (INPE) Address: Av. dos Astronautas, 1758 Jardim da Grania Sao Jose dos Campos Valid 1 December to: 30 November 2019 from: 2018 Type of Use/User: End User Broadcaster Service Provider Purpose of Use: Provision of Value-Added Services. Data Set METEOSAT METOP High Rate High Rate SEVIRI Low Rate Other Metop Data and Products SEVIRI SEVIRI (core mission ai 0 ) Quarter- Rapid Scanning Half-hourly ASCAT, GRAS, GOME-2, IASI hourly data data data (without charge) Half-hourly Hourly data data Hourly data Reception: EUMETCast Terrestrial (service provided on best efforts basis) and EUMETCAST Africa Services. Annual Fee for Meteosat Data Service Provider (total annual fee): a) Basic Fee: b) Additional Fee: 1) Based on TV channel(s): 2) Website(s): 3) Application(s): Total additional fee (1+2+3) Total (a+b) EUR 6,000 EUR 0 EUR O EUR 0 EUR 0 EUR 6,000 Page 7 of 8

14 EUMETSAT Moniforing weather and climate from space Surveiller le temps et le clima! depuis I'espoce Annex 2 Declaration of the use of EUMETSAT data by INPE We declare that the original real time data received froco EUMETSAT will not be broadcast in near real time or on any TV, website or application, nor supply to broadcaster Meteosat data or images based on Meteosat data. The only product INPE intends to disseminate in near real time are Value Added Services obtained from EUMESAT satellites. Dr. Antonio Divino Moura Deputy Director of INPE Page 8 of 8