for the Use of the NWC/PPS and /or NWC/GEO Software
Licence for the use of the NWC/PPS and/or NWC/GEO Software
(hereinafter “the Software”) between the European Organisation for the
Exploitation of Meteorological Satellites (EUMETSAT), represented by the State
Meteorological Agency (AEMET), Spain, and the user who accepts this license on
a personal basis without representing any institution.
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
The Software is provided by AEMET on
behalf of EUMETSAT and the NWC SAF Partners, referred to in paragraph 4,
through the NWC SAF website at http://www.nwcsaf.org. The Software will not be provided on a
AEMET, with the
support of the other NWC SAF Partners, will release the Software and
provide maintenance, helpdesk and electronic support of the Software for every
new version of the Software until the Licence is terminated.
The Licensee acknowledges that the Software has
been developed through contributions from EUMETSAT and the NWC SAF
Partners listed on the NWC SAF website at http://www.nwcsaf.org.
The Licensee further acknowledges that the Software contains preexisting
elements which were not delivered in the context of the NWC SAF and
which are therefore not owned by EUMETSAT but by individual NWC SAF
Partners or other entities. The pre-existing elements are clearly identified in
the Software and in the NWC SAF website at http://www.nwcsaf.org.
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 NWC SAF Partners.
The Licensee shall not assign or transfer any
right to use all or part of the Software to any third party without the prior
written consent of EUMETSAT. Any relocation of all or part of the Software to
another place or redistribution of all or part of the Software to any third
party is not allowed.
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 NWC SAF website at
htpp://www.nwcsaf.org. 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 NWC
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
signature by both parties and shall remain in force until 28 February 2022. It
may be extended by mutual written agreement between the parties.
Either party may terminate the Licence 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
On termination of the Licence, the Licensee
shall either return the Software to EUMETSAT or shall certify to EUMETSAT that
he has destroyed the Software and that there are no further copies in his
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
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
The law governing the arbitration shall be the
law governing the Licence. This applies also to the procedure for the
The award of the arbitration tribunal shall be
determined by a majority vote. The award shall be final and binding on the
The execution of the arbitration award shall be
governed by the rules in force in the State on whose territory the award is to