1. ESO and Company agree that in all stages of most emergencies the best source of information in the context of a particular emergency is Company's trained operatives and scientists responsible for the substance(s) involved.
2. ESO and Company agree that the initial stages of most emergencies are the most critical and successful resolution of a particular emergency depends entirely upon correct and responsible decision-making by those involved in the context of the emergency.
3. ESO and Company agree that in the initial stages of most emergencies access to interpreted data as usually found on a Safety Data Sheet or product label or product packaging is preferable to accessing underlying data without also having access to Company expertise.
4. ESO agrees to seek substance information in an emergency directly from Company via Company's published contact details found on the safety data sheet (SDS) for the substance or label on the substance packaging or if those contact details are not available for any reason then to seek contact details by other means perhaps via SharedSDS.
5. Given preceding clauses of this licence ESO agrees to establish an internal procedure for contacting a Company, communicating the emergency situation in context and then requesting support and/or information on Company's substance(s) prior to accessing SharedSDS as an Emergency Service Organisation licensee.
6. Company and ESO agree;
- if at least one formally qualified ESO scientist is available; and
- if the ESO scientist decides the SDS information is insufficient or ambiguous; then
ESO may access at no charge the underlying substance data in SharedSDS
7. ESO agrees to restrict access to substance data to which it gains access under this licence exclusively to those employees and/or sub-contractors involved in a particular emergency and further to constrain those employees and/or sub-contractors to keep secret all substance data sourced from SharedSDS or any of its licensees.
8. ESO agrees when accessing SharedSDS data to review it on screen only and not copy it electronically or otherwise and to avoid printing it out on paper and if found essential to print it out to keep it secret from anyone not involved in the emergency. ESO further agrees to destroy any such printed output as soon as practicable at the conclusion of the emergency.
9. ESO agrees that substance data is intrinsically valuable and in representing Company's livelihood has an intrinsic value far in excess of the actual cost to the Company of obtaining the data in the beginning and of maintaining it since then and accordingly agrees to pay liquidated damages of ten million United States dollars (USD) to Company upon demand if ESO or its employees and/or subcontractors breach substance data secrecy.
10. ESO agrees that breaching any substance data secrecy will diminish market confidence in SharedSDS itself and further agrees that SharedSDS livelihood entirely depends on market confidence and accordingly agrees to pay liquidated damages of an additional ten million United States dollars (USD) to SharedSDS upon demand if ESO or its employees and/or subcontractors breach substance data secrecy.