ESA Read-Only LICENCE – v2.3
1 Definitions
1.1 “Distribution” and “Distribute” means any act of giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, physically or electronically or by any other means, copies of the Software.
1.2 “ESA” means the European Space Agency.
1.3 “Licensor” means the individual or legal entity that Distributes the Software under the License to You.
1.4 “License” means this document.
1.5 “Software” means the software Distributed under this License by the Licensor, in Source Code and/or Object Code form.
1.6 “Source Code” means the preferred, usually human readable form of the Software and the associated documentation included in or with such code.
1.7 “Object Code” means any non-Source Code form of the Software.
1.8 “You” means an individual or legal entity exercising rights under this License (the licensee).
1.9 “Territory” means the territory of the Member States of ESA pursuant to Art. 1 of the ESA
Convention¹
2 Grant of Rights
2.1 Copyright. The Licensor hereby grants You a royalty-free, non-exclusive license under Copyright, subject to the terms and conditions of this License and limited to the Territory, to:
- use the Software;
- reproduce the Software by any or all means and in any or all form;
- communicate to the public, including making available, display or perform the Software or copies thereof to the public;
- Distribute, lend and rent the Software.
For the avoidance of doubt, You may not modify the Software or create works based on the Software.
The license grant is perpetual and irrevocable, unless terminated pursuant to Sec. 8.
2.2 Trademark. This License does not grant permission to use trade names, trademarks, services marks, logos or names of the Licensor, except as required for reasonable and customary use in describing the origin of the Software and as reasonable necessary to comply with the obligations of
this License (e.g. by reproducing the content of the notices).
3 Distribution
You may Distribute the Software, as Source Code and/or Object Code, only under the terms of this License. For the avoidance of doubt, Distribution is only permitted within the Territory. If You Distribute the Software and/or Modifications as Object Code, but have also received the Source Code of the Software, You must also provide of the Source Code of the Software to each recipient.
4 Notices
The following obligations apply in the event of any Distribution of the Software as Source Code and/or Object Code:
4.1 You must include a copy of this License and all of the notices you received along with the Software, in particular “NOTICE” and/or “LEGAL” files.
4.2 You may not remove or alter any copyright, patent, trademark and attribution notices nor any of the notices set out in this Sec. 4.
5 Warranty and Liability
5.1 Except as expressly set forth in this License, the Software is provided to You on an “as is” basis and without warranties of any kind, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy or non-infringement of intellectual property
rights. Mandatory statutory warranty claims, e.g. in the event of wilful deception or fraudulent misrepresentation, shall remain unaffected.
5.2 Except as expressly set forth in this License, Licensor shall not be liable, including, without limitation, for direct, indirect, incidental, or consequential damages (including without limitation loss of profit), however caused and on any theory of liability, arising in any way out of the use or Distribution of the Software or the exercise of any rights under this License, even if You have been advised of the possibility of such damages. Mandatory statutory liability claims, e.g. in the event of wilful misconduct, wilful deception or fraudulent misrepresentation, shall remain unaffected.
6 Additional Agreements
While Distributing the Software, You may choose to conclude additional agreements, for free or for charge, regarding for example support, warranty, indemnity, liability or liability obligations and/or rights, provided such additional agreements are consistent with this License and do not effectively restrict the recipient’s rights under this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Licensor, and only if You agree to indemnify, defend, and hold each Licensor harmless for any liability incurred by, or claims asserted against, such Licensor by reason of your accepting any such warranty or additional liability.
7 Infringements
7.1 If You have knowledge that exercising rights granted by this License infringes third party's intellectual property rights, including without limitation copyright and patent rights, You must take reasonable steps (such as notifying appropriate mailing lists or newsgroups) to inform ESA and those who received the Software about the infringement.
7.2 You acknowledge that continuing to use the Software knowing that such use infringes third party rights (e.g. after receiving a third party notification of infringement) would expose you to the risk of being considered as intentionally infringing third party rights. In such event You should acquire the respective rights.
8 Termination
8.1 This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License if you fail to cure such breach within 30 days of becoming aware of the breach.
8.2 Any licenses validly granted by You under the License prior to termination shall continue and survive termination.
9 Applicable Law, Arbitration and Compliance
9.1 This License is governed by the laws of The Netherlands.
9.2 Any dispute arising out of this License shall be finally settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators designated in conformity with those rules. Arbitration proceedings shall take place in Amsterdam, The Netherlands. The award shall be final and binding on the parties, no appeal shall lie against it. The enforcement of the award shall be governed by the rules of procedure in force in the state/country in which it is to be executed.
9.3 For the avoidance of doubt, You are solely responsible for compliance with current applicable requirements of national laws. The Software can be subject to export control laws. If You export the Software it is your responsibility to comply with all export control laws. This may include different
requirements, as e.g. registering the Software with the local authorities.
9.4 If it is impossible for You to comply with any of the terms of this License due to statute, judicial order or regulation You must comply with the terms of this License to the maximum extent possible.
10 Miscellaneous
10.1 Only ESA has the right to modify or publish new versions of this License. ESA may assign this right to other individuals or legal entities. Each version will be given a distinguishing version number.
10.2 This License represents the complete agreement concerning subject matter hereof.
10.3 If any provision of this License is held invalid or unenforceable, the remaining provisions of this License shall not be affected. The invalid or unenforceable provision shall be construed and/or reformed to the extent necessary to make it enforceable and valid.
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¹: As of August 2017 the Member States are Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden,
Switzerland and the United Kingdom.