TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-509.1 

________________________________________________________________________ 

SPACE COOPERATION 

Moon Mineralogy 

Mapper Instrument 

 Memorandum of Understanding between 

the UNITED STATES OF AMERICA 

and INDIA 

Signed at Bangalore May 9, 2006 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
INDIA 

Space Cooperation: Moon Mineralogy 

 Mapper Instrument 

Memorandum of understanding signed 

 at Bangalore May 9, 2006; 

 Entered into force May 9, 2006. 
06 - 288

Memorandum of Understanding

between the United States

National Aeronautics and Space Administration (NASA)

and the

Indian Space Research Organisation (LSRO)

on Cooperation Concerning

NASA's Moon Mineralogy Mapper (M3) Instrument

on

ISRO's Chandrayaan-1 Mission
Table of Contents

Preamble

Article 1 Purpose

Article 2 Definitions

Article 3 Mission Description and Participation

Article 4 ISRO Responsibilities

Article 5 NASA Responsibilities

Article 6 Project and Program Management

• Article 7 Science Team

Article 8 Chandrayaan-1 M3 Implementation Plan

; Article 9 Mission Reviews, Integration, and Flight Readiness

▪ Article 10 Exchange of Personnel

Article 11 Funding

▪ Article 12 Customs and Taxes

Article 13 Ownership of Elements and Equipment

• Article 14 Transfer of Goods and Technical Data

Article 15 Intellectual Property

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Article 16 Science Data Policy

Article 17 Publication of Public Information and Results

al- Article 18 Liability

Article 19 Registration of Space Objects

Article 20 Settlement of Disputes

Article 21 Entry into Force, Duration, Amendment, and Termination

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Preamble

The United States National Aeronautics and Space Administration (hereinafter referred to

as NASA), and the Indian Space Research Organisation (hereinafter referred to as ISRO);

As the Parties to this Memorandum of Understanding (MOU) (hereinafter. the Parties);

CONSIDERING that the United States and India have agreed upon a major initiative to

enhance joint activities in space cooperation;

CONSIDERING ISRO's plan to fly a mission, Chandrayaan-1, designed to explore the

Moon from polar lunar orbit in 2007;

CONSIDERING the release of the Announcement of Opportunity by ISRO, calling for 4,1 proposals from interested foreign investigators to fly instruments on Chandrayaan-1;

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CONSIDERING that cooperation on such a mission would be beneficial to both nations 4;

and to future human activities on the Moon;

T; Have agreed as follows:

Article 1 - Purpose

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•3 This MOU sets forth the terms and conditions under which the Parties shall cooperate in

7.-; the Claandrayaan-1 Mission with regard to the M3 instrument.

Article 2 — Definitions

As used in this MOU, the following terms shall have the specified meanings:

2.1 "ISRO Chandrayaan-1 Science Working Team" consists of scientists from ISRO

and other Indian research institutions, as well as the Principal Investigators (Pis)

responsible for the non-Indian instruments on the Chandrayaan-1 Mission.

2.2 "M3 Science Team" consists of only those scientists selected by the M3 PI to

carry out specific tasks to meet M3 science objectives, and a Co-Investigator

selected by ISRO.

2.3 "M3 Instrument Data" are data received from the payload, including sensor and

CONSIDERING the selection by ISRO of the Moon Mineralogy Mapper (M3) proposal

to use a visible-near infrared imaging spectrometer to map the mineralogy of the Moon;

RECOGNIZING the need for a mission to collect these data to characterize and map the

lunar surface composition in the context of its geologic evolution and to assess Moon

mineral resources at high spatial resolution; and

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housekeeping data.

2.4 "Science Data Products" are data products resulting from the processing of the

M3 instrument data.

Article 3 - Mission Description and Participation

3.1 The primary objective of the Chandrayaan-1 Mission is to map key properties of

the Moon from polar orbit to better understand its history, evolution, and current

state. These objectives include mapping the mineral resources of the Moon. To

accomplish these science objectives, the Chandrayaan-1 Mission is to carry

several ISRO remote sensing instruments and an impact probe, as well as a

number of contributed instruments from foreign countries including the M3

sponsored by NASA.

The M3, selected by ISRO for flight on Chandrayaan-1 after an international

solicitation and competition and after a NASA peer-reviewed selection, is a

collaboration between NASA, which developed and fabricated the M3 instrument,

and ISRO, which included the M3 instrument on its flight. The M3 Project is to

be led by a PI of Brown University who is to have overall responsibility for

project resources and mission success. The M3 instrument will be designed and

developed at the Jet Propulsion Laboratory (JPL).

The Chandrayaan-1 Mission is conceived, designed, built, and flown by ISRO.

The Chandrayaan-1 spacecraft, integrated and tested under ISRO responsibility, is

to carry the M3 instrument designed and provided by JPL.

The requirements for the M3 instrument were developed by the M3 Science Team

and the instrument team at JPL. These requirements define the spatial coverage,

spectral resolution, and signal-to-noise value of the observations necessary to map

the minerals of the Moon.

The Chandrayaan-1 Mission is to collect science data and products for the entire

lunar surface.

ISRO plans for the Chandrayaan- I spacecraft to operate for a nominal period of

two years. ISRO is to operate the spacecraft throughout the life of the mission.

NASA is to provide ISRO with a plan and procedure for commanding the M3

instrument from the ISRO satellite control center. NASA is to process M3

instrument data and science products, as defined in Article 5 — NASA

Responsibilities and Article 16 — Science Data Policy, below. The Indian Space

Science Data Center (ISSDC) is also to have an M3 Data Processing Subsystem

(a replica of the Payload Operating Center (POC) workstation, to be delivered by

NASA) to process collected raw scientific and resource related flight data.

M3 instrument data and science data products are to be made available to the

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Chandrayaan-1 Science Team and the broader international user community

according to Article 16 — Science Data Policy.

Article 4 - ISRO Responsibilities

To implement this cooperative project, ISRO shall use reasonable efforts to:

4.1 Provide overall systems engineering function for the Chandrayaan-1 Mission,

including in developing overall system specifications and developing jointly with

JPL an Interface Control Document (ICD) which shall define the NASA/ISRO

interfaces.

4.2 Provide spacecraft engineering, develop a spacecraft specification document and

establish requirements for overall spacecraft-level testing, plan and conduct

spacecraft-level tests, evaluate test results, certify flight readiness and provide a

Payload Design Interface Specification (PDIS) between the platform and the

payload.

4.3 Integrate the M3 instrument onto the Chandrayaan-1 platform, perform functional

and environmental testing, and launch the spacecraft from the Indian launch

facility.

4.4 Carry out end-to-end, system-level testing by performing functional tests of the

satellite, including providing assistance with testing of the M3 instrument data

telemetry with NASA-provided ground control and data archival centers.

4.5 Provide ground support equipment and qualified personnel at appropriate sites to

support instrument and system integration, testing, launch, and operations.

4.6 Perform checkout of the Chandrayaan-1 spacecraft during the launch campaign.

4.7 Operate the spacecraft throughout the life of the mission.

4.8 Design, fabricate, test, and operate the Chandrayaan-1 Mission Control Center

(MCC).

4.9 Receive, process, archive, and provide to JPL raw and processed M3 instrument

data and related spacecraft data upon receipt as specified in the Chandrayaan-1

/M3 Implementation Plan.

4.10 Perform system-level testing between the spacecraft and the MCC including joint

testing with the NASA-provided M3 POC workstation located at JPL.

4.11 Perform evaluation and calibration activities, as agreed, after launch and

according to a schedule defined in the Chandrayaan-1 M3 Implementation Plan,

to verify the performance achieved in lunar orbit.

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4.12 Perform analysis and validation of M3 telemetry data during the overall mission.

4.13 Arrange with the appropriate Indian research organizations to support and prepare

the Indian members of the science teams, Indian scientists, and Indian users to

analyze and validate the M3 instrument data and science data products and

publish their findings in accordance with Article 7 — Science Team, Article 16 —

Science Data Policy, and Article 17 - Publication of Public Information and

Results; in particular, in archiving and/or making available, as appropriate,

Chandrayaan-1 science data products to the scientific community.

4.14 Inform NASA promptly of any technical or programmatic problems which may

affect overall Chandrayaan-1 Mission schedules or performance.

Article 5 - NASA Responsibilities

To implement this cooperative project, NASA shall use reasonable efforts to:

5.1 Provide system engineering and overall system specifications for M3 and

develop, with the support of ISRO, the M3 instrument/platform ICD which shall

define the NASA/ISRO interfaces that demonstrate compliance to mission

requirements.

5.2 Provide requirements for overall M3 instrument-level testing, the planning and

conduct of M3 instrument system-level tests, evaluation of test results, and

certification of flight readiness.

5.3 Design, fabricate, assemble, and test the M3 instrument.

5.4 Provide information on interfaces of the M3 instrument to the Chandrayaan-1

spacecraft

5.5 Assemble, integrate, and test the M3 instrument on Chandrayaan-1 spacecraft.

5.6 Design, fabricate, and test the NASA POC and install a replica at the ISSDC.

5.7 Perform end-to-end, system-level testing, including system-level testing between

the M3 instrument data telemetry system and the NASA-provided ground system.

5.8 Transport the M3 instrument to the ISRO-designated site, in preparation for

satellite integration.

5.9 Provide ground support equipment, including an M3 instrument engineering

model and qualified personnel at appropriate sites, to support satellite and system

integration, testing, launch, and operations.

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5.10 Provide the necessary plan and procedure to ISRO for carrying out M3 instrument

operations management.

5.11 Perform M3 evaluation and calibration activities, as agreed, after launch and

according to a schedule defined in the Chandrayaan-1 M3 Implementation Plan,

to verify the performance achieved on-orbit by the M3 instrument and provide

results to ISRO.

5.12 Process and archive M3 instrument data and make the instrument data and science

data products available to ISRO via the POC, as required, in a timely manner and

in accordance with Article 16 - Science Data Policy.

5.13 Support the U.S. science team members in analyzing and validating M3 science

data and science data products and in publishing their findings, in accordance

with Article 7 — Science Team, Article 16 — Science Data Policy and Article 17 -

Publication of Public Information and Results.

5.14 Inform ISRO promptly of any technical or programmatic problems which may

affect the overall Chandrayaan-1 schedules or performance.

Article 6 - Project and Program Management

6.1 A Chandrayaan-1/M3 Joint Steering Group (JSG) shall be established to provide

implementation oversight for the M3 instrument. The Chandrayaan-1/M3 JSG

shall be composed of the M3 Program Executive and the M3 Program Scientist at

NASA Headquarters, the Discovery Program Director, and ISRO representatives

involved in the development of the Chandrayaan-1 Mission. The JSG shall

review M3 implementation status and resolve implementation conflicts to

facilitate timely delivery of the M3 instrument.

6.2 The NASA M3 PI has assigned mission implementation responsibility to the M3

Mission Management Team (MMT). The M3 Project is part of the Discovery

Program which has designated a Mission Manager to oversee the M3 Project.

The M3 MMT shall provide end-to-end mission planning and day-to-day

management. The MMT shall be located at JPL and shall be led by the

NASA/JPL M3 Project Manager who shall serve as interface to the JSG and the

Discovery Program.

Article 7 - Science Team

7.1 The M3 Science Team, formed by the NASA M3 PI, shall be responsible for the

science management of the M3 experiment on the Chandrayaan-1 Mission. The

M3 Science Team shall be the principal scientific forum for instrument oversight,

algorithm development, validation of science data, and initial science data

evaluation studies. ISRO will select a Co-Investigator on the M3 Science Team,

as described in Article 2.2 above.

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as 11Ng t„ ItrAe&a7.2 Additionally, the Science Team may invite scientists with an expertise in the area

to perform science data evaluation. The Parties reserve the right to establish guest

investigator programs for science activities related to their respective payloads.

7.3 The M3 PI shall be a member of the ISRO Chandrayaan-1 Science Working

Team and shall be responsible for oversight of the M3 Science Team in

Chandtayaan-1 science analyses and for coordinating science requirements and

.i ce plans with other organizations.

7.4 The M3 PI, supported by the Science Team, shall be responsible for the

development of the scientific aspects of the experiment and for assuring that the

science data products are effectively used and that the results are expeditiously

produced and made available, according to Article 16 — Science Data Policy,

below.

Article 8 — Chandrayaan-1 M3 Implementation Plan

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8.1 The NASA M3 Project Manager shall prepare, in close coordination with the

ISRO Chandrayaan-1 Project Director, the Chandrayaan-1 M3 Implementation

Plan, which shall then be subject to approval by the Parties. In case of conflict

between this Chandrayaan-1 M3 Implementation Plan and the MOU, the MOU

shall prevail. This plan shall detail how the M3 contribution to the

Chandrayaan-1 Mission will be accomplished, including mission planning,

instrument development and delivery, rough description of the interfaces (to be

more specifically defined in an Interface Control Document), data flow and

downlink options, conduct of mission operations, and data delivery. The delivery

process and timeline for M3 data from ISRO shall be defined.

8.2 To ensure mission success, NASA and ISRO shall provide mutual insight into the

elements under their respective responsibility, consistent with Article 14 —

Transfer of Goods and Technical Data.

8.3 Meetings and reviews required to carry out the responsibilities set forth in this

MOU shall also be included in the Chandrayaan-1 M3 Implementation Plan and

shall be held periodically in the United States, India, or at other sites as mutually

agreed. The Parties agree to invite each other to these meetings and reviews. The

reviews shall be chaired by NASA or ISRO, as agreed.

8.4 The Parties shall act in accordance with the schedules to be defined in the M3

Chandrayaan-1 M3 Implementation Plan and to avoid changes that will have a

negative effect on the other Party with regard to scientific return, implementation

approach, cost, and/or schedule, and where they cannot be avoided, to minimize

these negative effects. To the extent that changes made by NASA or ISRO to the

Chandrayaan-1 M3 Implementation Plan cause schedule or other problems that go

beyond either Party's program constraints, the NASA Instrument Project Manager

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and ISRO Chandrayaan- I Project Director shall discuss potential options to

address such problems and submit their proposal to NASA and ISRO

Management.

Article 9 — Mission Reviews, Integration, and Flight Readiness

9.1 To implement the M3 experiment, there shall be a series of reviews to evaluate

the readiness of the flight and ground segments to proceed to implementation,

integration, test, and final launch preparation. Representatives from both Parties

shall serve on the boards of these reviews, in particular, the Readiness and PreShip Review boards. Both Parties shall furnish engineering and programmatic

data and shall participate in these mission reviews, as mutually agreed.

9.2 NASA and ISRO shall jointly make a final determination of the overall readiness

to proceed with integration of the payload to the spacecraft.

Article 10 - Exchange of Personnel

Each of the Parties shall facilitate the movement of persons necessary to implement this

MOU into and out of its country subject to its laws and regulations. To facilitate

coordination related to the Chandrayaan-1 Mission, the Parties may exchange a limited

number of liaison visits from each Party, at times and under conditions as mutually

agreed by the NASA M3 Project Manager and ISRO Chandrayaan-1 Project Director

pursuant to necessary administrative authorizations. In the event of such an exchange, the

Parties each shall provide necessary office, space and administrative support at the host

location, including such additional support services as may be agreed by the Parties.

Salary and all other personnel expenses and living and travel expenses shall be borne by

the employing Party of the liaison(s) throughout the duration of their assignment.

Article 11 - Funding

Each Party shall bear the costs of discharging its respective responsibilities under this

MOU, including travel and subsistence of each Party's personnel and transportation of its

own equipment and associated documentation. The obligations of the Parties under this

MOU are subject to their respective funding procedures and the availability of

appropriated funds.

Article 12 - Customs and Taxes

Each Party shall facilitate the arrangement of free customs clearance and waiver of

applicable duties and taxes for equipment and related goods necessary for the

implementation of this MOU. Such facilitation of arrangements shall be fully reciprocal.

In the event that any customs fees and/or taxes of any kind are still levied on the

equipment and related goods for implementation of this MOU, after seeking to develop

the necessary free customs clearance and waiver of applicable duties and taxes, such

customs fees and/or taxes shall be borne by the Party of the country levying the fees

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and/or taxes.

Article 13 - Ownership of Elements and Equipment

For the purposes of this MOU, each Party shall retain ownership of elements and

equipment it furnishes to the other Party. Any equipment not launched into space shall

be returned to the furnishing Party expeditiously, as mutually agreed. Each Party shall

transport its equipment to the designated delivery points, as specified in the

Chandrayaan-1 M3 Implementation Plan, and, where appropriate, from such delivery

- points, when the equipment is to be returned to the furnishing Party.

Article 14 - Transfer of Goods and Technical Data

The Parties are obligated to transfer only those technical data (including software) and.

goods necessary to fulfill their respective responsibilities under this MOU, in accordance

. with the following provisions, notwithstanding any other provision of this MOU:

•

• 14.1 All activities of the Parties shall be carried out in accordance with their national

laws and regulations, including those pertaining to export control and the control

of classified information.

14.2 The transfer of technical data for the purpose of discharging the Parties'

responsibilities with regard to interface, integration, and safety shall normally be

made without restriction, except as provided in paragraph 14.1 above.

14.3 All transfers of goods and proprietary or export-controlled technical data are

subject to the following provisions. In the event a Party or its related entity (e.g.,

contractor, subcontractor, grantee, cooperating entity) fmds it necessary to

transfer goods or to transfer proprietary or export-controlled technical data, for

which protection is to be maintained, such goods shall be specifically identified

and such proprietary or export-controlled technical data shall be marked. The

identification for goods and the marking on proprietary or export- controlled -•;‘' technical data shall indicate that the goods and proprietary or export-controlled

technical data shall be used by the receiving Party or related entities only for the r.:..

purposes of fulfilling the receiving Party's or related entity's responsibilities

under this MOU, and that the identified goods and marked proprietary technical

data or marked export-controlled technical data shall not be disclosed or

retransferred to any other entity without the prior written permission of the

furnishing Party or its related entity. The receiving Party or related entity shall

' abide by the terms of the notice and protect any such identified goods and marked

proprietary technical data or marked export-controlled technical data from

unauthorized use and disclosure. The Parties to this MOU shall cause their

related entities to be bound by the provisions of this Article related to use,

disclosure, and retransfer of goods and marked technical data through contractual

C • mechanisms or equivalent measures.

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14.4 All goods exchanged in the performance of this MOU shall be used by the

receiving Party or related entity exclusively for the purposes of the MOU. Upon

completion of the activities under the MOU, the receiving Party or related entity

shall return or, at the request of the furnishing Party or its related entity, otherwise

dispose of all goods and marked proprietary technical data or marked exportcontrolled technical data provided under this MOU, as directed by the furnishing

Party or related entity.

Article 15 - Intellectual Property

15.1 For the purposes of this Article, "Related Entity" includes but is not limited to

contractors, subcontractors, grantees, or cooperating entities (or any lower tier

contractor, subcontractor, grantee, or cooperating entities) of a Party.

15.2 PATENTS

15.2.1 Nothing in this Agreement shall be construed as granting, either expressly or by

implication, to the other Party any rights to, or interest in, any inventions of a

Party or its related entities made prior to the entry into force of, or outside the

scope of, this Agreement, including any patents or other forms of protection (in

any country) corresponding to such inventions.

15.22 Any rights to, or interest in, any invention made in the performance of this

Agreement solely by one Party or any of its related entities, including any patents

or other forms of protection (in any country) corresponding to such invention,

shall be owned by such Party or, subject to paragraph 15.2.4 of this Article, such

related entity.

15.2.3 It is not anticipated that there will be any joint inventions made in the

performance of this Agreement. Nevertheless, in the event that an invention is

jointly made by the Parties in the performance of this Agreement, the Parties

shall, in good faith, consult and agree as to: a) the allocation of rights to, or

interest in, such joint invention, including any patents or other forms of protection

(in any country) corresponding to such joint invention; b) the responsibilities,

costs, and actions to be taken to establish and maintain patents or other forms of

protection (in any country) for each such joint invention; and c) the terms and

conditions of any license or other rights to be exchanged between the Parties or

granted by one Party to the other Party.

15.2.4 With respect to any invention created in the performance of this Agreement and

involving a related entity, allocation of rights between a Party and its related

entity to such invention, including any patents or other forms of protection (in any

country) corresponding to such invention, shall be determined by such Party's

laws, regulations, and applicable contractual obligations.

15.3 COPYRIGHTS

15.3.1 Nothing in this Agreement shall be construed as granting, either expressly or by

implication, to the other Party any rights to, or interest in, any copyrights of a

Party or its related entities created prior to the entry into force of, or outside the

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scope of, this Agreement.

15.3.2 Any copyrights in works created solely by one Party or any of its related entities,

as a result of activities undertaken in performance of this Agreement, shall be

owned by such Party or related entity. Allocation of rights between such Party

and its related entities to such copyrights shall be determined by such Party's

laws, regulations, and applicable contractual obligations.

15.3.3 For any jointly authored work, should the Parties decide to register the copyright

in such work, they shall, in good faith, consult and agree as to the responsibilities,

costs, and actions to be taken to register copyrights and maintain copyright

protection (in any country).

15.3.4 Subject to the provisions of Articles 14 and 17, each Party shall have an

irrevocable, royalty free right to reproduce, prepare derivative works, distribute

copies to the public, and perform publicly and display publicly, and authorize

others to do so on its behalf, any copyrighted work resulting from activities

undertaken in the performance of this Agreement for its own purposes, regardless

of whether the work was created solely by, or on behalf of, that Party or jointly

with the other Party, and without consulting with or accounting to the other Party.

Article 16 — Science Data Policy

Access to Chandrayaan-1 and M3 science data shall be as follows:

16.1 The Parties shall release scientific data from the M3 to the international scientific

community after a period of no longer than 12 months. The 12-month data

validation and verification period begins with the receipt, by either Party, of the data

from the spacecraft.

16.2 In all cases, the Parties shall provide immediate access to all M3 instrument data

and science data products, free of charge, for members of the M3 science team, as

well as designated representatives of M3 science team members, including

associates, staff, and coworkers. The Parties shall also provide, free of charge,

M3 instrument data and science data products to NASA or ISRO-selected

participating scientists. The Parties shall have the right to use the data (processed

and unprocessed) at any time for support of their respective responsibilities but shall

not prejudice the M3 PI and Co-I's first publication rights, which are established in

accordance with paragraph 16.1 above.

16.3 After the 12 month validation and verification period, the Parties shall make the

data from the M3 instrument, including required calibration and spacecraft data,

available to the international scientific community in a form suitable for analysis.

16.4 NASA shall make science data products available to the public and the science

community in standard Planetary Data System (PDS) format after the appropriate

science calibration and validation. In order to promote rapid access to science data

products, some preliminary science data products shall be archived after initial

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verification, but prior to full validation, and made available to all users at no more

than the cost of fulfilling the user request.

16.5 All M3 instrument data and science data products shall be archived in appropriate

NASA data centers and the ISSDC, as defined in the Chandrayaan-1 M3

Implementation Plan. Copies of the M3 science data products shall be exchanged

between the Parties.

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16.6 The M3 Science Team members (including designated representatives) must

provide a report to the Parties on the results of their analysis and validation

investigations and the results of their investigations on validated M3 science data.

Notwithstanding the termination of this MOU, any M3 instrument data and

science data products obtained from the M3 experiment (as defined in the

Chandrayaan-1 M3 Implementation Plan) shall be archived by NASA for at least

10 years after completion of the Chandrayaan-1 Mission, unless otherwise agreed

by the Parties.

16.8 If deemed of interest for scientific analysis of M3 instrument data, the Parties may

agree to provide mutual access to correlative data products from other instruments

or missions.

16.9 To enhance scientific analysis of Chandrayaan-1 M3 instrument data, research

announcements may be issued by the Parties.

16.10 Complementary data from ISRO-provided instruments on the Chandrayaan-1

Mission shall be made available, free of charge, to NASA M3 PI, upon request,

for the purpose of collaboration with ISRO.

1 16.11 Scientific data obtained by Cbandrayaan-1 Mission are to be released to the

international scientific community in a form suitable for analysis after a period that

shall not exceed 1 year. This one year period shall begin with the receipt by the

zi PIs/Co-Is of usable scientific data from the spacecraft in a form suitable for analysis.

The period for producing usable scientific data should not nominally exceed 6

months following receipt of data from the spacecraft.

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Article 17 - Publication of Public Information and Results

17.1 The Parties retain the right to release public information regarding their own

activities under this Agreement. The Parties shall coordinate with each other in

advance concerning releasing to the public information that relates to the other

Party's responsibilities or performance under this Agreement.

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17.2.1 The Parties shall make the final results obtained from the Chandrayaan-1 • Mission available to the general scientific community through publication

in appropriate journals or by presentations at scientific conferences as

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soon as possible and in a manner consistent with good scientific practices.

17.2.2 Each Party shall have an irrevocable, royalty free right to reproduce,

prepare derivative works from, distribute to the public copies of, present

publicly, and authorize others to do so on its behalf, the scientific

information included in each such publication or presentation for its own

purposes. The royalty free right shall exist irrespective of any copyright

protection applicable to each such publication or presentation.

17.2.3 Raw data, analyzed data and final results primarily obtained from the

Chandrayaan-1 M3 science data, or other scientific information regarding

results obtained from the implementation of this Agreement, shall be

disclosed by the Party, or its investigators that collected the data, analyzed

the data or generated the results, to the other Party prior to any publication

or presentation. The first presentation/publication will be done jointly by

designated scientists of the Parties.

17.3 The Parties acknowledge that the following data or information does not

constitute public information and that such data or information shall not be

included in any publication or presentation by a Party under this article without

the other Party's prior written permission: 1) data furnished by the other Party in

accordance with Article 14 of this Agreement which is export-controlled,

classified or proprietary; or 2) information about an invention of the other Party

before a patent application has been filed covering the same, or a decision not to

file has been made.

Article 18 — Liability

18.1 The purpose of this Article is to establish a cross-waiver of liability between the

Parties and their related entities in the interest of encouraging participation in the

exploration, exploitation, and use of outer space. This cross-waiver of liability

shall be broadly construed to achieve this objective.

18.2 As used in this cross-waiver,

18.2.1 the term "Related Entity" means:

(i) a contractor or subcontractor of a Party at any tier,

(ii) a user or customer of a Party at any tier; or

(iii) a contractor or subcontractor of a user or customer of a Party at any

tier.

"Contractors" and "subcontractors" include suppliers of any kind.

18.2.2 the term "damage" means:

(i) bodily injury to, or other impairment of health of, or death of, any

person;

(ii) damage to, loss of, or loss of use of any property;

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(iii) loss of revenue or profits; or

(iv) other direct, indirect, or consequential damage.

18.2.3 The term "payload" means any property to be flown or used on or in the

launch vehicle.

18.2.4 The term "launch vehicle" means an object or any part thereof intended

for launch, launched from Earth, or returning to Earth which carries

payloads or persons, or both.

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18.2.5 The term "Protected Space Operations" means all launch vehicle and

payload activities on Earth, in outer space, or in transit between Earth and

outer space done in implementation of this MOU. Protected Space

Operations begins upon entry into force of this MOU and ends when all

activities done in implementation of this MOU are completed. It includes,

but is not limited to:

(i) research, design, development, test, manufacture, assembly, integration,

operation, disposal, or use of launch or transfer vehicles, payloads, or

instruments, as well as related support equipment and facilities and

services;

(ii) all activities related to ground support, test, training, simulation, or

guidance and control equipment and related facilities or services.

"Protected Space Operations" excludes activities on Earth which are

conducted on return from space to develop further a payload's product or

process for use other than for launch vehicle-related activities necessary to

complete implementation of this MOU.

18.3

18.3.1 Each Party agrees to a cross-waiver of liability pursuant to which each

Party waives all claims against any of the entities or persons listed in subparagraphs 18.3.1 (i) through 18.3.1 (iii) of this section based on damage

arising out of Protected Space Operations. This cross-waiver shall apply

only if the person, entity, or property causing the damage is involved in

Protected Space Operations and the person, entity, or property damaged is

damaged by virtue of its involvement in Protected Space Operations. The

cross-waiver shall apply to any claims for damage, whatever the legal

basis for such claims, against:

(i) the other Party;

(ii) a related entity of the other Party;

(iii) the employees of any of the entities identified in sub-paragraphs (i)

and (ii) above.

18.3.2 In addition, each Party shall extend the cross-waiver of liability as set

forth in paragraph 18.3.1 of this section to its own related entities by

15
requiring them, by contract or otherwise, to agree to waive all claims

against the entities or persons identified in sub-paragraphs 18.3.1 (i)

through 18.3.1 (iii).

18.3.3 For avoidance of doubt, this cross-waiver of liability includes a crosswaiver of liability arising from the Convention on International Liability

for Damage Caused by Space Objects of March 29, 1972, where the

person, entity, or property causing the damage is involved in Protected

Space Operations and the person, entity, or property damaged is damaged

by virtue of its involvement in Protected Space Operations.

18.3.4 Notwithstanding the other provisions of this Article, this cross-waiver of

liability shall not be applicable to the following:

(i) claims between a Party and its own related entity or between its own

related entities;

(ii) claims made by a natural person, his/her estate, survivors, or subrogees

for bodily injury, other impairment of health or death of such natural

person, except where the subrogee is a Party to this MOU or has otherwise

agreed to be bound by the promises of this cross-waiver;

(iii) claims for damage caused by willful misconduct;

(iv) intellectual property claims;

(v) contract claims between the Parties based on the express contractual

provisions of this MOU; or

(vi) claims for damage based on a failure of the Parties or their related

entities to flow down the cross-waiver.

18.3_5 Nothing in this Article shall be construed to create the basis for a claim or

suit where none would otherwise exist.

Article 19 - Registration of Space Objects

ISRO shall request that the Government of India register the Chandrayaan-1 spacecraft as

a space object in accordance with the Convention on Registration of Space Objects

Launched into Outer Space of January 14, 1975. Registration pursuant to this section

shall not affect the rights or obligations of either Party or its Government under the 1972

Convention on International Liability for Damage Caused by Space Objects.

Article 20 — Settlement of Disputes

Any disputes not settled through the mechanisms provided in Article 6 — Project and

Program Management, or any other issue concerning the interpretation or implementation

of the terms of the MOU that cannot be resolved otherwise, shall be referred to the

appropriate level of management of the Parties for consideration and joint amicable

resolution.

16
Michael D.

• Administrator

• .+-Skttekinfioxetkit.e.

Article 21 -Entry into Force, Duration, Amendment, and Termination

This MOU shall enter into force upon signature and remain in force until ten years

after the Chandrayaan-1 spacecraft has been launched. This MOU may be

amended and extended by written agreement of the Parties. Either Party may

terminate this MOU at any time upon at least twelve months written notice to the

other Party. In that event, the Parties shall endeavor to minimize negative impacts

of such termination on other Parties.

Termination of the MOU shall not affect a Party's continuing obligations under

Articles 6 (Project and Program Management), 13 (Ownership of Elements and

Equipment), 14 (Transfer of Goods and Technical Data), 15 (Intellectual

Property), 16 (Science Data Policy), 17 (Publication of Public Information and

Results), and 18 (Liability), unless otherwise agreed to by the Parties.

SY 21.1

4".;

irf.4

VI:

045. ' FOR THE UNITED STATES FOR THE INDIAN SPACE RESEARCH

'art NATIONAL AERONAUTICS ORGANISATION:

• AND SPACE ADMINISTRATION:

Date: 9 May 2006 Date: 9 May 2006

Place: Bangalore, India Place: Bangalore, India

I certify this to be a true copy of the signed original.

7entzL-L-%- Bress

17