Satellite Applications Facility on Numerical Weather Prediction (“NWP SAF”)
Licence Agreement for the Use of NWP SAF Software between The European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) represented by the Met Office (UK) and the person whose details appear in the licence application (for a personal licence) or the organization represented by that person (for an institutional licence) (hereinafter the “Licensee”).
The Software comprises the software packages defined in the Annex to this Licence. Its purpose is described in the web site at https://nwp-saf.eumetsat.int/site/ and in the documentation supplied with the Software. The Licensee undertakes to comply with the following conditions for the use of the Software:
Article 1: Grant of Licence
The Software is made available to the Licensee free of charge to use for any internal purpose at the address given in the licence application. The Software is provided by the Met Office (UK) on behalf of EUMETSAT and the Satellite Application Facility on Numerical Weather Prediction (NWP SAF) Partners, referred to in paragraph 4, via the means specified in the Annex to this Licence. The Met Office (UK), with the support of the other NWP SAF Partners, will release the Software and provide maintenance, helpdesk and electronic support of the Software. The support shall be provided at least until the Software is superseded by a new version or until the Licence is terminated, whichever is earlier. Support may be limited to helpdesk advice once a new version is released. The duration of the support may be extended by EUMETSAT. The Licensee acknowledges that the Software has been developed through contributions from EUMETSAT and the NWP SAF Partners namely the Met Office (UK), the Deutscher Wetterdienst (DWD), the European Centre for Medium-Range Weather Forecasts (ECMWF) and Météo-France. The Licensee further acknowledges that the Software contains pre-existing elements which were not developed in the context of the NWP SAF and which are therefore not owned by EUMETSAT but by individual NWP SAF Partners or other entities. If there are any additional conditions attached to any pre-existing element of the Software, other than those mentioned in this Licence, the Software thus affected, and the special conditions, are specified in the Annex. The Licensee does not acquire further rights than the right to use the Software for internal purposes and shall in no event assert any such further rights against EUMETSAT, its Member States and Cooperating States, or the NWP SAF Partners. The Licensee is not allowed to redistribute the Software to any third party. The Licensee is not allowed to transfer, assign or sub-licence, reproduce or copy the Software to any third party or part with possession of the Software or any part thereof in any way whatsoever. The Licensee shall not assign this Licence in whole or in part to any third party.
Article 2: Disclaimer of Warranties
To the best of EUMETSAT’s knowledge the Software is not subject to any rights or claims of third parties, except for the pre-existing elements of the Software identified in the Annex. 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. Neither EUMETSAT, its Member States nor the NWP SAF Partners are liable for the usefulness or proper functioning of the Software, nor do they accept any 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 or for any right or claims by third parties related to all or any part of the Software or its use.
Article 3: Entry into force, Duration and Termination
This Licence shall enter into force upon electronic signature by the Licensee when agreeing to these terms and clicking the “Update Software Preferences” button on the website. The Licence shall remain in force until terminated by either party by giving at least 3 months’ written notice. Notwithstanding paragraph 2, any default on the part of the Licensee of any of its obligations under this Licence shall entitle EUMETSAT to cancel this Licence without notice, without prejudice to its right to damages. On termination of the Licence, the Licensee shall certify to EUMETSAT that he has destroyed the Software and that there are no further copies in his possession.
Article 4: Applicable Law and Arbitration
The laws of the Federal Republic of Germany shall apply to this Licence. Any dispute arising out of this Licence which cannot be settled by negotiation shall, at the request of either party, be submitted to an arbitration tribunal. The party which intends to submit the dispute to arbitration shall notify the other party. The arbitration tribunal consists of three members. One arbitrator designated by EUMETSAT and one arbitrator designated by the Licensee are to be nominated within two months after the date of receipt of the request for arbitration. A third arbitrator, designated by the first two arbitrators within two months after the date of their nomination, shall act as chairman. Should the first two arbitrators be unable to agree on the third arbitrator within the time period indicated above, the latter shall be designated at the request of either party by the President of the International Chamber of Commerce. Should one of the first two arbitrators not be designated within two months from the request of a party for arbitration, the latter shall, on the request of either party, be nominated by the President of the International Chamber of Commerce. The arbitration tribunal shall have its seat in Darmstadt, Germany. The law governing the arbitration shall be the law governing the Licence. This applies also to the procedure for the arbitration tribunal. The award of the arbitration tribunal shall be determined by a majority vote. The award shall be final and binding on the parties. The execution of the arbitration award shall be governed by the rules in force in the State on whose territory the award is to be executed.