European Space Agency

European Space Agency

Royal Belgian Institute for Aeronomy

Royal Belgian Institute for Aeronomy

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LICENCE.TXT

European Space Agency - ESA Software Community Licence Weak Copyleft - v2.4

1 Definitions

1.1 "Contributor" means (a) the individual or legal entity that originally creates or later 
    modifies the Software and (b) each subsequent individual or legal entity that creates or 
    contributes to the creation of Modifications.

1.2 "Contributor Version" means the version of the Software on which the Contributor 
    based its Modifications.

1.3 "Distribution" and "Distribute" means any act of selling, giving, lending, renting, 
    distributing, communicating, transmitting, or otherwise making available, physically or 
    electronically or by any other means, copies of the Software or Modifications.

1.4 "ESA" means the European Space Agency.

1.5 "License" means this document.

1.6 "Licensor" means the individual or legal entity that Distributes the Software under 
    the License to You.

1.7 "Modification" means any work or software created that is based upon or derived 
    from the Software (or portions thereof) or a modification of the Software (or portions 
    thereof). For the avoidance of doubt, linking a library to the Software results in a 
    Modification.

1.8 "Object Code" means any non-Source Code form of the Software and/or 
    Modifications.

1.9 "Patent Claims" (of a Contributor) means any patent claim(s), owned at the time of 
    the Distribution or subsequently acquired, including without limitation, method, 
    process and apparatus claims, in any patent licensable by a Contributor which would be 
    infringed by making use of the rights granted under Sec. 2.1, including but not limited to 
    make, have made, use, sell, offer for sale or import of the Contributor Version and/or 
    such  Contributor's Modifications (if any), either alone or in combination with the 
    Contributor Version. "Licensable" means having the right to grant, whether at the time 
    of the Distribution or subsequently acquired, the rights conveyed herein.

1.10 "Software" means the software Distributed under this License by the Licensor, in 
    Source Code and/or Object Code form.

1.11 "Source Code" means the preferred, usually human readable form of the Software 
    and/or Modifications in which modifications are made and the associated 
    documentation included in or with such code.

1.12 "You" means an individual or legal entity exercising rights under this License (the 
    licensee).

1.13 "Territory" means the territory of the Member States of ESA pursuant to Art. 1 of 
    the ESA Convention. [1]

2  Grant of Rights

2.1 Copyright

    The Licensor, and each Contributor in respect of such Contributor's Modifications, 
    hereby grants You a royalty-free, non-exclusive license under Copyright, subject to the 
    terms and conditions of this and limited to the Territory, to:
    -   use the Software;
    -   reproduce the Software by any or all means and in any or all form;
    -   Modify the Software and create works based on the Software;
    -   communicate to the public, including making available, display or perform the 
        Software or copies thereof to the public;
    -   Distribute, sublicense, lend and rent the Software.

    The license grant is perpetual and irrevocable, unless terminated pursuant to Sec. 8.

2.2 Patents

    Each Contributor in respect of such Contributor's Modifications, hereby grants You a 
    royalty-free, non-exclusive, sub-licensable license, limited to the Territory, under Patent 
    Claims to the extent necessary to make use of the rights granted under Sec. 2.1, 
    including but not limited to make, have made, use, sell, offer for sale, import, export and 
    Distribute such Contributor's Modifications and the combination of such Contributor's 
    Modifications with the Contributor Version (collectively called the "Patent Licensed 
    Version" of the Software).

    No patent license is granted for claims that are infringed:
    -   only as a consequence of further modification of the Patent Licensed Version; or
    -   by the combination of the Patent Licensed Version with other software or other 
        devices or hardware, unless such combination was an intended use case of the 
        Patent Licensed Version (e.g. a general purpose library is intended to be used 
        with other software, a satellite navigation software is intended to be used with 
        appropriate hardware); or
    -   by a Modification under Patent Claims in the absence of the Contributor's 
        Modifications or by a combination of the Contributor's Modifications with 
        software other than the Patent Licensed Version or Modifications thereof.

2.3 Trademark

    This License does not grant permission to use trade names, trademarks, services marks, 
    logos or names of the Licensor, except as required for reasonable and customary use in 
    describing the origin of the Software and as reasonable necessary to comply with the 
    obligations of this License (e.g. by reproducing the content of the notices). For the 
    avoidance of doubt, upon Distribution of Modifications You must not use the Licensor's 
    or ESA's trademarks, names or logos in any way that states or implies, or can be 
    interpreted as stating or implying, that the final product is endorsed or created by the 
    Licensor or ESA.

3  Distribution

3.1 Copyleft Clause

    All Distribution of the Software and/or Modifications, as Source Code or Object Code, 
    must be, as a whole, either under (a) the terms of this License or the ESA Software 
    Community Licence Strong Copyleft v2.4 or (b) any later version of these Licenses 
    unless the Software is expressly Distributed only under a specific version of the License 
    by a Contributor.

    For the avoidance of doubt, Distribution is only permitted within the Territory.

3.2 Copyleft exceptions

3.2.1 Compilations. In the event of the Distribution of a compilation of Software and/or 
    Modifications with other separate and independent works (for example in or on a 
    volume of a storage or distribution medium), which are not by their nature extensions or 
    other modifications of the Software and/or the Modifications, and which are not 
    combined with it such as to form a larger program, Distribution of the compilation does 
    not cause this License to apply to the other parts of the compilation.

3.2.2 System Libraries. System Libraries used by a Modification need not be Distributed 
    under the terms of this License and need not be included as part of the Source Code 
    pursuant to Sec. 3.3. "System Library" means anything that is normally distributed (in 
    either source or binary form) with the major components (kernel, window system etc.) 
    of the operating system(s) on which the Software or Modification runs, or a compiler 
    used to produce the Object Code, or an object code interpreter used to run it.

3.2.3 External Modules. You may create a Modification by combining Software with an 
    external module enabling supplementary functions or services and Distribute the 
    external module under different license terms, provided that the external module and 
    the Software run in separate address spaces, with one calling the other, or each other 
    interfacing, when they are run.

3.2.4 Combinations. You may create a Modification (the "Combination") by combining 
    or linking the Software or Modifications thereof (the "Covered Code") with additional 
    code or software (the "External Code") not governed by the terms of this License and 
    Distribute the Combination
    -   in Object Code form under any license terms, and/or
    -   in Source Code form with the External Code's Source Code under any license terms 
    and the Covered Code's Source Code under this License, provided that:
    (a)	the Covered Code will be governed by this License and the different license 
        terms effectively do not restrict the rights granted by this License; and
    (b)	the External Code and its license terms are clearly identified and notice is 
        given of the use of Covered Code and the applicability of this License; and
    (c)	the External Code's Source Code is clearly separated from the Covered Code's 
        Source Code (usually contained in different files); and
    (d)	You communicate the Covered Code's Source Code in accordance with Sec. 3.3.

3.3 Communication of the Source Code

    If You Distribute the Software and/or Modifications as Object Code, You must:
    (a) provide in addition a copy of the Source Code of the Software and/or 
        Modifications to each recipient; or
    (b) make the Source Code of the Software and/or Modifications freely accessible by 
        reasonable means for anyone who possesses the Object Code or received the 
        Software and/or Modifications from You, and inform recipients how to obtain a 
        copy of the Source Code. Such information needs to be included at a minimum in 
        the "NOTICE" file pursuant to Sec. 4.4. You are obliged to make the Source Code 
        accessible in accordance with this Section for as long as You continue to 
        Distribute the Software and/or Modifications and at a minimum for a three year 
        period following Your last Distribution of the Software and/or Modifications.

3.4 Dual Licensing

    This License gives no permission to license the Software or Modifications in any other 
    way, but it does not invalidate such permission if You have separately received it.

4  Notices

    The following obligations apply in the event of any Distribution of the Software and/or 
    Modifications as Source Code and/or Object Code:

4.1 You must include a copy of this License and all of the notices set out in this Sec. 4.

4.2 You may not remove or alter any copyright, patent, trademark and attribution 
    notices nor any of the notices set out in this Sec. 4, except as necessary for your 
    compliance with this License or otherwise permitted by this License, except for those 
    notices that do not pertain to the Modifications You Distribute.

4.3 Each Contributor must cause its Modification carrying prominent notices stating 
    that the Software has been modified and the date of modification and identify itself as 
    the originator of its Modifications in a manner that reasonably allows identification and 
    contact with the Contributor. The aforementioned notices must at a minimum be in a 
    text file included with the Distribution titled "CHANGELOG".

4.4 The Software may include a "NOTICE" text file containing general notices. Any 
    Contributor can create such a NOTICE file or add notices to it, alongside or as an 
    addendum to the original text, provided that such notices cannot be construed as 
    modifying the Licence.

4.5 Each Contributor must identify all of its Patent Claims by providing at a minimum 
    the patent number and identification and contact information in a text file included with 
    the Distribution titled "LEGAL".

5 Warranty and Liability

5.1 Each Contributor warrants and represents that it has sufficient rights to grant the 
    rights to its Modifications conveyed by this License.

5.2 Except as expressly set forth in this License, the Software is provided to You on an 
    "as is" basis and without warranties of any kind, including without limitation 
    merchantability, fitness for a particular purpose, absence of defects or errors, accuracy 
    or non-infringement of intellectual property rights. Mandatory statutory warranty 
    claims, e.g. in the event of wilful deception or fraudulent misrepresentation, shall 
    remain unaffected.

5.3 Except as expressly set forth in this License, neither Licensor nor any Contributor 
    shall be liable, including, without limitation, for direct, indirect, incidental, or 
    consequential damages (including without limitation loss of profit), however caused and 
    on any theory of liability, arising in any way out of the use or Distribution of the 
    Software or the exercise of any rights under this License, even if You have been advised 
    of the possibility of such damages. Mandatory statutory liability claims, e.g. in the event 
    of wilful misconduct, wilful deception or fraudulent misrepresentation, shall remain 
    unaffected.

6  Additional Agreements

    While Distributing the Software or Modifications, You may choose to conclude 
    additional agreements, for free or for charge, regarding for example support, warranty, 
    indemnity, liability or liability obligations and/or rights, provided such additional 
    agreements are consistent with this License and do not effectively restrict the recipient's 
    rights under this License. However, in accepting such obligations, You may act only on 
    Your own behalf and on Your sole responsibility, not on behalf of any other Contributor 
    or Licensor, and only if You agree to indemnify, defend, and hold each Contributor or 
    Licensor harmless for any liability incurred by, or claims asserted against, such 
    Contributor or Licensor by reason of your accepting any such warranty or additional 
    liability.

7  Infringements

7.1 If You have Distributed the Software or Modifications and you have positive 
    knowledge or reasonable cause to suspect that exercising rights granted by this License 
    may infringe third party's intellectual property rights, including without limitation 
    copyright and patent rights, You must take reasonable steps (such as notifying 
    appropriate mailing lists or newsgroups) to inform ESA and those who received the 
    Software about the infringement.

7.2 You acknowledge that continuing to use the Software knowing that such use 
    infringes third party rights (e.g. after receiving a third party notification of 
    infringement) would expose you to the risk of being considered as intentionally 
    infringing third party rights. In such event You should acquire the respective rights or 
    modify the Software so that the Modification is non-infringing.

8  Termination

8.1 This License and the rights granted hereunder will terminate automatically upon any 
    breach by You with the terms of this License if you fail to cure such breach within 30 
    days of becoming aware of the breach.

8.2 If You institute patent litigation against any entity (including a cross-claim or 
    counterclaim in a lawsuit) alleging that the Software constitutes direct or contributory 
    patent infringement, then any patent and copyright licenses granted to You under this 
    License for the Software shall terminate as of the date such litigation is filed.

8.3 Any licenses validly granted by You under the License prior to termination shall 
    continue and survive termination.

9  Applicable Law, Arbitration and Compliance

9.1 This License is governed by the laws of the ESA Member State where the Licensor 
    resides or has his registered office. "Member States" are the members of the European 
    Space Agency pursuant to Art. 1 of the ESA Convention. This licence shall be governed 
    by German law if a dispute arises with the ESA as a Licensor or if the Licensor has no 
    residence or registered office inside a Member State.

9.2 Any dispute arising out of this License shall be finally settled in accordance with the 
    Rules of Arbitration of the International Chamber of Commerce by one or more 
    arbitrators designated in conformity with those rules. Arbitration proceedings shall take 
    place in Cologne, Germany. The award shall be final and binding on the parties, no 
    appeal shall lie against it. The enforcement of the award shall be governed by the rules 
    of procedure in force in the state/country in which it is to be executed.

9.3 For the avoidance of doubt, You are solely responsible for compliance with current 
    applicable requirements of national laws. The Software can be subject to export control 
    laws. If You export the Software it is your responsibility to comply with all export 
    control laws. This may include different requirements, as e.g. registering the Software 
    with the local authorities.

9.4 If it is impossible for You to comply with any of the terms of this License due to 
    statute, judicial order or regulation You must:
    (a) comply with the terms of this License to the maximum extent possible; and
    (b) describe the limitations and the Object Code and/or Source Code they affect. 
    Such description must be included in the LEGAL notice described in Section 4. 
    Except to the extent prohibited by statute or regulation, such description must be 
    sufficiently detailed for an average recipient to be able to understand it.

10 Miscellaneous

10.1 Only ESA has the right to modify or publish new versions of this License. ESA may 
    assign this right to other individuals or legal entities. Each version will be given a 
    distinguishing version number.

10.2 This License represents the complete agreement concerning subject matter hereof.

10.3 If any provision of this License is held invalid or unenforceable, the remaining 
    provisions of this License shall not be affected. The invalid or unenforceable provision 
    shall be construed and/or reformed to the extent necessary to make it enforceable and 
    valid.

[1] As of August 2017 the Member States are Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, 
    France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, The Netherlands, Norway, Poland, 
    Portugal, Romania, Spain, Sweden, Switzerland and the United Kingdom.
 
 
 
 

UNILIB/tags/v3.02