Licence Agreement

LICENCE 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 Science, Innovation and Technology 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 legal entity which that person is authorised to represent (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.

For the avoidance of doubt, this Agreement covers only Software that is not subject to export control restrictions under applicable export control laws and regulations, including the U.S. Export Administration Regulations (EAR), the U.S. International Traffic in Arms Regulations (ITAR), and the EU Dual-Use Regulation (Regulation (EU) 2021/821). Any Software, technology or other material that is or becomes subject to such restrictions is expressly excluded from the scope of this Agreement and the Licensee’s access to and use of export-controlled material shall be subject to a separate application process and the terms and conditions governing export-controlled items as administered by EUMETSAT.[1]

Article 1: Grant of Licence

  1. The Software is available free of charge for use by the Licensee, within its own organisation and under its direct operational control, in connection with any lawful activity of the Licensee.
  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 within its organisation and under its direct operational control for lawful activities and shall not assert any such further rights against EUMETSAT, its Member States[2], the NWP SAF Partners[3] or the OSI SAF Partners.[4]
  4. The Licensee is prohibited from redistributing, transferring, assigning or sub-licensing the Software, or any part thereof, to any third parties.
  5. 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.
  6. 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: Intellectual Property Rights

  1. EUMETSAT retains ownership of its intellectual property rights in the Software.
  2. 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.

Article 4: Dispute Settlement

  1. Any dispute arising from the interpretation or implementation of this Agreement, shall first be subject to amicable negotiations between EUMETSAT and the Licensee (each a “Party” and together the “Parties”).
  2. If the dispute remains unresolved within at least 3 months after being declared by one Party, either Party may request to submit it to arbitration on the following terms:
    1. A sole arbitrator shall be designated jointly by the Parties within two months after receipt of the arbitration request. Failing such appointment, the arbitrator shall be nominated by the President of the International Chamber of Commerce.
    2. Arbitration will be conducted in Darmstadt, Germany in English in accordance with the 2021 International Chamber of Commerce Arbitration Rules and governed by the substantive provisions of the laws of the Federal Republic of Germany.
    3. The award will be final and binding on the Parties. The arbitral tribunal shall have no authority to award punitive damages.

Article 5: Privileges and Immunities Nothing in or related to any provision of this Agreement, any related document or arrangement shall be deemed a waiver, explicit or implicit, of the privileges and immunities enjoyed by EUMETSAT as an intergovernmental organisation. 

Article 6: Entry into force 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.
  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.

[1] For information on access to export-controlled material, kindly contact ops@eumetsat.int.
[2] 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, Türkiye and the United Kingdom
[3] Met Office, ECMWF, Météo-France, Deutscher Wetterdienst
[4] Météo-France, Danish Meteorological Institute, L’Institut Français de Recherche pour l’Exploitation de la Mer (Ifremer), Koninklijk Nederlands Meteorologisch Instituut (KNMI), MetNorway