WHITEDWARF DATA COMPRESSION EVALUATION SOFTWARE v1.5 LICENCE – v1.0

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 “Licence” means this document.

1.4 “Licensor” means the individual or legal entity that Distributes the Software under the Licence to You.

1.5 “Object Code” means any non-Source Code form of the Software.

1.6 “Software” means the software Distributed under this Licence by the Licensor, in Object Code form.

1.7 “You” means an individual or legal entity exercising rights under this Licence (the licensee).

1.8 “Territory” means the Member States of ESA.

2 Grant of Rights

2.1 Copyright. The Licensor, hereby grants You a royalty-free, non-exclusive licence under Copyright, subject to the terms and conditions of this Licence and limited to the Territory, to:

- use the Software;

- reproduce the Software by any or all means;

- communicate to the public, including making available, display or perform the Software or copies thereof to the public;

- distribute, sublicense, lend and rent the Software.

The licence grant is perpetual and irrevocable, unless terminated pursuant to Sec. 8.

The Licence explicitly excludes the right of the commercial use of the Software.

2.2 Trademark. This Licence 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 Licence (e.g. by reproducing the content of the notices).

3 Distribution

You may Distribute the Software, as Object Code, only under the terms of this Licence, provided that

(a) you do not distribute the Software any further without ESA (compression.tools@esa.int) prior permission;

(b) after testing / using it, you send ESA (compression.tools@esa.int) a brief report on the use of the Software, identifying any problems experienced, any bugs found, and a general description of the work / tests performed with the Software.

4 Notices

The following obligations apply in the event of any Distribution of the Software as Object Code:

4.1 You must include a copy of this Licence and all of the notices set out in this Sec. 4.

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, except as necessary for your compliance with this Licence or otherwise permitted by this Licence.

5 Warranty and Liability

5.1 Except as expressly set forth in this Licence, 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 Licence, 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 Licence, 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 Licence and do not effectively restrict the recipient’s rights under this Licence. 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

If You have knowledge that exercising rights granted by this Licence infringes third party's intellectual property rights, including without limitation copyright and patent rights, You must:

(a) take reasonable steps (such as notifying appropriate mailing lists or newsgroups) to inform ESA and those who received the Software about the infringement; and

(b) cease infringing uses of the Software until You have been granted or have otherwise acquired the respective rights or modified the Software so that the Modification is noninfringing.

8 Termination

8.1 This Licence and the rights granted hereunder will terminate automatically upon any breach by You with the terms of this Licence if you fail to cure such breach within 30 days of becoming aware of the breach.

8.2 Any licences validly granted by You under the Licence prior to termination shall continue and survive termination.

9 Applicable Law, Arbitration and Compliance

9.1 This Licence is governed by the laws of The Netherlands.

9.2 Any dispute arising out of this Licence 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 The Hague, 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 Licence due to statute, judicial order or regulation You must:

(a) comply with the terms of this Licence to the maximum extent possible; and

(b) describe the limitations and the Object Code they affect. Such description must be included in the notice as described in Section 4. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for an average recipient to be able to understand it.

10 Miscellaneous

10.1 Only ESA has the right to modify or publish new versions of this Licence. ESA may assign this right to other individuals or legal entities. Each version will be given a distinguishing version number.

10.2 This Licence represents the complete agreement concerning subject matter hereof.

10.3 If any provision of this Licence is held invalid or unenforceable, the remaining provisions of this Licence 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.