Technical Evaluation Licence
Non-Exclusive Licence to use Satellite Products
For Technical Evaluation Purpose Only
By downloading the PRODUCT and/or installing the PRODUCT, the End-User signifies that he unconditionally accepts all the terms and conditions of the present Technical Evaluation License Agreement (hereinafter referred to as the “LICENCE”)..
The acceptance by the END-USER of this LICENCE is the condition upon which Spot Image makes the PRODUCT available to the END-USER.
The END-USER of the PRODUCT shall ensure that the PRODUCT, and any copy thereof, is used in strict compliance with the terms of this LICENCE.
It is strictly prohibited for
any END-USER established in the
Article 1 - Definitions
“END-USER”: means either the individual, the legal business
entity or the government agency, acting in its own name, which downloads the
PRODUCT.
“PRODUCT”: means
any satellite imagery product that may be downloaded by the END-USER at the
following web address http://www.spotimage.com/demo-products/.
Article 2 - Licence
2.1 Permitted
Uses
The END-USER is hereby granted by Spot Image a limited, non-exclusive, non transferable, licence to:
(a) to
install the PRODUCT on one or several individual computers in its premises; and
(b) to
use the PRODUCT for internal technical evaluation purposes only; and
(c) to
print extracts of the PRODUCT for internal technical evaluation purpose only.
All rights not expressly granted by
Spot Image under the present Article 2.1 are hereby retained by Spot Image.
2.2 Prohibited Uses
The END-USER shall not, and shall not permit any third party to:
(a) use
the PRODUCT for any use other than internal technical evaluation; and/or
(b) alter
or change the PRODUCT, without the express authorisation of Spot Image; and/or
(c) alter
or remove any copyright notice or proprietary legend contained in or on the
PRODUCT; and/or
(d) reproduce,
transmit, disseminate, or make available in any way the PRODUCT, in whole or in
part, to any third party, by any means, free of charge or in return for
payment.
(e) transfer
the PRODUCT outside of the territory of establishment of the END-USER without
Spot Image prior written authorisation.
In particular, any transfer, distribution and/or dissemination
whatsoever of the PRODUCT, either in whole or in part, via the internet or any
other computer network is strictly prohibited.
The END-USER shall not use the PRODUCT or any part of the PRODUCT for
any commercial and/or operational use, or any technical evaluation using any
operational system of any kind (terrestrial vehicle, plane, unmanned aerial
vehicle, weapon system, boat, simulation system, command and control system,
training system, targeting system, IMINT…).
2.3 Technical
Evaluation Results
The END-USER shall inform
Spot Image of the results of the evaluation it has performed.
Article 3 – Intellectual
Property Rights
3.1 The satellite imagery data contained in the PRODUCT
are and remain the property of the Centre National d’Etude Spatiales – CNES
(for SPOT and Pléiades PRODUCTS), the National SPace Organization – NSPO (for F2 PRODUCTS)
or of KARI (for K2 PRODUCTS).
Reference3D PRODUCTS are the common property of Spot
Image and IGN France.
TerraSAR-X data are the property of the Federal
Republic of Germany.
3.2 The END-USER recognizes the right of Spot Image and/or
its licensors to copyright protection and/or protection against unauthorized
use of the PRODUCTS and data contained thereof, in accordance with the
applicable copyright laws and international agreements.
Article 4 – Warranty -
Liability
4.1 The PRODUCT is complex; neither Spot Image, nor its
licensors, warrants that the PRODUCT is free of bugs, errors, defects or omissions,
and that operation of the PRODUCT will be error free or uninterrupted nor that
all non-conformities will or can be corrected. They do not warrant that the
PRODUCT shall meet the END-USER’s requirements or expectations, or shall be fit
for the END-USER’s intended purposes. There are no express or implied
warranties of fitness or merchantability given in connection with this PRODUCT
or any other warranty.
4.2 In no event shall Spot Image, nor its licensors, nor
anybody having contributed to development and/or production and/or delivery of
the PRODUCT, be liable for any claim, damage or loss incurred by the END-USER,
including without limitation indirect, compensatory, consequential, incidental,
special, incorporeal or exemplary damages arising out of the use of or
inability to use the PRODUCT, and shall not be subject to legal action in this
respect.
4.3 The financial cumulative liability of Spot Image and
its licensors and of anybody having contributed to developing and/or production
and/or delivery of the PRODUCT shall in any event be limited to five hundred
euros (500€).
Article 5 – Miscellaneous
5.1 This LICENCE is granted free of charge.
5.2 This LICENCE shall run for six (6) months from the date the PRODUCTS are downloaded by END USER.
5.3 Spot Image may, in addition to all other remedies to which it may be entitled under this LICENCE or at law, terminate this LICENCE by notice in writing if the END-USER breaches or is presumed to have breached any provision of this LICENCE. The END-USER shall have no claim to any kind of indemnity in this case.
5.4 Upon termination or expiration of this LICENCE, the END-USER shall destroy any copy of the PRODUCT.
5.5 The END-USER shall not transfer part or all of this LICENCE.
5.6 In the event that any provision of this LICENCE is declared invalid or unenforceable, the remaining provisions of this LICENCE shall be applicable.
5.7 This Licence is governed by the
laws of