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 NWP SAF Software (hereinafter “the Software”) comprises the software packages defined in the Annex to this Licence. Its purpose is described in the web site at research.metoffice.gov.uk/research/interproj/nwpsaf 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 made available by the Met Office (UK), on behalf of EUMETSAT and the NWP SAF Consortium, 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 Consortium members, will provide maintenance, helpdesk and electronic support of the Software, including the release of updates of the Software, until 29 February 2012, or until the Licence is terminated, whichever is earlier. These services may be extended beyond 29 February 2012 by written agreement of EUMETSAT and the Licensee.
- The Licensee acknowledges that the Software has been developed through contributions from EUMETSAT and the NWP SAF Consortium members, namely the Met Office (UK), United Kingdom, the Koninklijk Nederlands Meteorologisch Instituut (KNMI), The Netherlands, Météo-France, France, and the European Centre for Medium-Range Weather Forecasts (ECMWF). 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 Consortium members 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 or other rights against EUMETSAT, its Member and Cooperating States, or the NWP SAF Consortium.
- 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 any third parties, except for the pre-existing elements of the Software. 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.
- Nothing in this Licence shall be construed as implying any fitness of the Software for any use whatsoever and EUMETSAT can therefore not accept any responsibility or liability for any such use.
| Article 3: Termination |
- Any default on the part of the Licensee of any of its obligations under this Licence shall entitle EUMETSAT to cancel his Licence without notice, without prejudice to its right to full damages.
- 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 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.
- 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.
| Annex |
The NWP SAF Software comprises the following software
packages:
ECMWF 1D-Var v2.x
comprising the elements described in the Release Note accompanying
the Software .
The NWP SAF Software makes use of pre-existing software elements. The following preexisting software elements are subject to conditions of use in addition to those in the main body of this Licence:
| Element | Owner | Condition |
| M1QN3 | INRIA | Code and licence to be obtained from INRIA. |