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LICENSE
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European Space Agency Public License (ESA-PL) Permissive – v2.3
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).
2 Grant of Rights
2.1 Copyright. The Licensor, and each Contributor in respect of such
Contributor's Modifications, hereby grants You a world-wide,
royalty-free, non-exclusive license under Copyright, subject to
the terms and conditions of this License, 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. 7.
2.2 Patents. Each Contributor in respect of such
Contributor's Modifications, hereby grants You a world-wide,
royalty-free, non-exclusive, sub-licensable license 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 No Copyleft.
You may Distribute the Software and/or Modifications, as Source Code
or Object Code, under any license terms, provided that
(a) notice is given of the use of the Software and the applicability
of this License to the Software; and
(b) You make best efforts to ensure that further Distribution of
the Software and/or Modifications (including further
Modifications) is subject to the obligations set forth in this
Sec. 3.1 (a) and (b).
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 License.
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 knowledge that exercising rights granted by this License
infringes 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.
______________________________
*: 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.