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MACCS

Please read attentively the provisions of this Licence before downloading the SOFTWARE. The use of the SOFTWARE by the Licensee means the latter has agreed with the provisions of this Licence. 

The SOFTWARE as described thereof, property of the CNES and named « MACCS ».

 On the SOFTWARE, CNES concedes to the Licensee, who can be a physical or a moral person, a non exclusive free Licence.

 LANGUAGE OF THE LICENCE AND APPLICABLE LAW

The Licence is established in French and English. In the case of a dispute, the French version is the one that prevails.

This Licence is governed by French law. All disputes arising out of or in connection with the present Licence shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The Arbitration proceedings shall take place in France, in the French language.

 

DURATION OF THE LICENCE

 

The Licence shall last for ten (10) years recoverable by tacit recondition.

In any case, this License will not have a total length greater than the legal protection of copyright

  

TERRITORY

The present Licence is granted for worldwide. However, due to the sensitive nature of any product originating from the space sector, the Licensee agrees imperatively to strictly respect French legislation relating to export licences.

 RIGHTS CONCEDED

On the SOFTWARE, furnished in executable code with its documentation, CNES concedes to the Licensee a non exclusive right to use the SOFTWARE free of charge, only for the purposes of the exploitation of “Sentinel 2 – Agriculture processing system”. This non exclusive right to use the SOFTWARE is defined as the implementation of the program to obtain the needed operation.

The Licensee is not allowed to grant sub-license of the SOFTWARE.

The licensee is not authorized to make copies of the SOFTWARE, other than a backup if it is necessary to preserve the use of the SOFTWARE

 LICENSEE'S OBLIGATIONS

The rights thereof conceded are submitted to several conditions:

 

  • The Licensee promises to abstain from any commercial use of the SOFTWARE. “Commercial use” means the sale of :

    • SOFTWARE

    • Products including the SOFTWARE.

  • The Licensee has no right to adapt, to transform, to modify or to translate the SOFTWARE.

  • On each copy of the SOFTWARE must be maintained the mention of the Licence and the copyright CNES. In case of publications, communications or presentations, the Licensee promises to mention CNES (Centre National d’Etudes Spatiales).

 

The Licensee must not use the SOFTWARE in a detrimental way for the image of the CNES, especially to its scientific and technical reputation.

If the Licensee would not respect all these conditions, he would immediately become a counterfeiter and could be sued for counterfeit.

 

GUARANTEE

The Licensee uses the SOFTWARE as it is provided herein at his own expense, risks, without any guarantee from CNES. Any guarantee of any kind such as a guarantee against counterfeit is here excluded.

CNES can not guarantee the SOFTWARE is exempt from bugs, errors, defects or omissions and has no obligation of correcting any anomalies of any kind nor any deficiencies of the SOFTWARE. CNES can not guarantee that the SOFTWARE corresponds to the Licensee's needs.

In the same way, the CNES is not responsible for any loss of profit or revenue, or data, or any direct or vicarious damage, which could come from the use of the SOFTWARE or the inability to use the SOFTWARE. The Licensee accepts CNES can not be sued about this.

 

 

RESILIATION

If the Licensee doesn't respect agreement's provisions, without prejudice to all damages on CNES’s behalf, this license ends immediately. In that case, the Licensee will send back the SOFTWARE and all its copies to CNES and the Licensee will not be able to ask for any kind of compensation.