European Space Agency¶
Royal Belgian Institute for Space Aeronomy¶
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/trunk/
