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DSVP

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

 

The SOFTWARE as described thereof, property of CNES and named DSVP has been registered at the Agence pour la Protection des Programmes.

As a work, the SOFTWARE is protected by the French Code of intellectual property (article L111-1 and next of the Code)

On the SOFTWARE, CNES grants to the Licensee, who can be a physical or a moral person, a non-exclusive and non-transferable free License.

 

LANGUAGE OF THE LICENCE AND APPLICABLE LAW

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

This License is governed by French law. All disputes arising out of or in connection with the 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 License shall last for five (5) years.

 

TERRITORY

The present License is granted worldwide. However, due to the sensitive nature of any product originating from the space sector, the Licensee agrees imperatively to strictly comply with French and European export control regulations.

 

RIGHTS CONCEDED

CNES grants to the Licensee a non-exclusive right to use, free of charge, the SOFTWARE provided as an executable. The right exclusively consists in the implementation of the SOFTWARE in order to get the relevant operation.

Licensee is not authorized to grant sub licence 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 granted are submitted to several conditions:

-          the Licenses promises to abstain from any commercial use of the SOFTWARE. “Commercial use” means the sale of:

o    SOFTWARE;

o    products including the SOFTWARE;

-          adapting, transforming, modifying or translating the SOFTWARE is prohibited;

-          the Licensee agrees to mention and retain all copyright and other proprietary notices and gives the name of CNES (Centre National d’Etudes Spatiales) for all publications and presentations related to the SOFTWARE;

-          using the SOFTWARE in a manner which may harm CNES’s image and reputation is prohibited

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 guarantee against counterfeit is here excluded.

CNES cannot guarantee that the SOFTWARE is free from bugs and defaults, and has no obligation of correcting any anomalies of any kind nor any deficiencies of the SOFTWARE. CNES cannot guarantee that the SOFTWARE is consistent with the Licensee's needs.

In the same way, CNES is not responsible for any loss of profit or revenue, or data, or any direct or indirect damage, which could arise from the use of the SOFTWARE or the inability to use the SOFTWARE. The Licensee accepts that CNES cannot be sued.

 

RESILIATION

If the Licensee violates those terms and conditions, without prejudice to any damages that CNES may claim, this License ends immediately. In that case, the Licensee will send back to CNES or destroy the SOFTWARE and all its copies and no claim for any kind of compensation can be made against CNES.