Licence Agreement

LICENSE AGREEMENT

for the use of

NWP SAF and OSI SAF Software

This Agreement governs the licensing conditions for the use of NWP SAF Software and OSI SAF Software as further described below (collectively referred to as the “Software”). This Agreement is concluded between the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT), represented either by the Met Office, for and on behalf of the Secretary of State for Business, Energy and Industrial Strategy of the United Kingdom of Great Britain and Northern Ireland (“Met Office“) (for NWP SAF Software) or Météo France (for OSI SAF Software), and the person whose details appear in the licence application (personal licence), or the organisation represented by that person (institutional licence) (hereinafter the “Licensee“).

NWP SAF Software

The purpose for which NWP SAF Software has been developed is described on the NWP SAF website (and in the documentation distributed along with the NWP SAF Software.

OSI SAF Software

The purpose for which OSI SAF Software has been developed is described on the OSI SAF website and in the documentation distributed along with the OSI SAF Software.

This Agreement covers all Software that the Licensee has selected for download in the User Area of the NWP SAF Website, for which the Licensee has to register.

Article 1: Grant of Licence

  1. The Software is available to the Licensee free of charge to use for any internal purpose at the address given in the licence application.
  2. The Software is distributed to the Licensee through the NWP SAF Website.
  3. The Licensee does not acquire further rights than the right to use the Software for internal purposes and shall not assert any such further rights against EUMETSAT, its Member States1 , the NWP SAF Partners2 or the OSI SAF Partners3.
  4. The Licensee is prohibited from redistributing, transferring, assigning or sub-licensing the Software, or any part thereof, to any third parties.
  5. The Software may contain intellectual property rights of which EUMETSAT is not the owner. If additional conditions apply to any pre-existing element(s) of the Software, other than mentioned in this Agreement, these will be specified in the applicable documentation.
  6. The Met Office, with the support of the NWP SAF Partners, on behalf of EUMETSAT, provides maintenance and helpdesk support for NWP SAF Software, for the duration specified in the applicable documentation or termination of the present Agreement, whichever occurs first.
  7. Météo-France, with the support of the OSI SAF Partners, on behalf of EUMETSAT, provides maintenance and helpdesk support for OSI SAF Software, for the duration specified in the applicable documentation or termination of the present Agreement, whichever occurs first.

Article 2: Disclaimer of Warranties

  1. To the best of EUMETSAT’s knowledge, the Software is not subject to any rights or claims of third parties. EUMETSAT does not accept liability in this respect, nor for any consequences, whether direct or indirect, of any use of this Software by the Licensee.
  2. EUMETSAT, its Member States, the NWP SAF Partners and the OSI SAF Partners offer no warranty and are not liable for the continuity, availability, or quality or suitability for any purpose of the Software. They do not accept liability for any consequences, whether direct or indirect, of any use of the Software or for any results related to the use of the Software.

Article 3: Entry into force, Duration and Termination

  1. This Agreement enters into force with the Licensee selecting “agree” and clicking the “Update Software Preferences” button on the NWP SAF Website and downloading the Software.
  2. This Agreement remains in force until terminated by either EUMETSAT or the Licensee, giving at least 3 months’ written notice (admin@nwp-saf.eumetsat.int).
  3. Notwithstanding paragraph 2, any breach by the Licensee of any of its obligations under this Agreement entitles EUMETSAT to terminate this Agreement without notice, and without prejudice to EUMETSAT’s right to damages.
  4. On termination of this Agreement, the Licensee shall certify to EUMETSAT that the Software and any copies thereof have been destroyed.

Article 4: Dispute Settlement

  1. The Laws of the Federal Republic of Germany shall apply to this Agreement.
  2. Where a dispute arises regarding the interpretation or implementation of this Agreement, EUMETSAT (or its representatives) and the Licensee shall first attempt to settle such dispute in good faith.
  3. If EUMETSAT and the Licensee (each a “Party” and together the “Parties” fail to resolve the dispute in accordance with paragraph 1, either Party may request to submit it to an arbitration tribunal.

    i. The arbitration tribunal consists of three members. Each Party designates an arbitrator within two months after the date of receipt of the request for arbitration. A third arbitrator, designated jointly by the first two arbitrators within two months after the date of their nomination, shall act as chairman.

    ii. If an arbitrator is not appointed within the defined period, that arbitrator will be nominated by the President of the International Chamber of Commerce.

    iii.The arbitration tribunal will have its seat in Darmstadt, Germany, and will determine its own rules of procedure.

    iv.The language to be used in the arbitral proceedings shall be English.

    v.The award of the arbitration tribunal will be determined by a majority vote. The award will be final and binding on the Parties.

1 Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom

2 Met Office, ECMWF, Météo-France, Deutscher Wetterdienst

3 Météo-France, Danish Meteorological Institute, L’Institut Français de Recherche pour l’Exploitation de la Mer (Ifremer), Koninklijk Nederlands Meteorologisch Instituut (KNMI), MetNorway