Commercial Radio Occultation Data Usage Terms and Conditions

By using the EUMETSAT data, the EUMETSAT Derived Data and the L1b products, you agree to the terms of the licence below. If you do not agree to these terms, then you must not use (nor access) the EUMETSAT data, the EUMETSAT Derived Data and the L1b products, nor any part thereof.

1. Definitions:

   For the purposes of the following licence:

   • “Licensee” shall mean the user accessing the data.
   • “EUMETSAT Data” shall mean radio occultation data procured by EUMETSAT from Spire Global Luxembourg Sarl (hereinafter ‘Spire’).
   • "EUMETSAT Derived Data" shall mean any data that is generated by EUMETSAT one-to-one from the EUMETSAT Data, as traced in the satellite information, i.e. bending angles in Level 1b and phase excess in Level 1a.
   • “L1b products” shall mean EUMETSAT Derived Data in the form of L1b products produced by EUMETSAT.
   • "Licensee Derived Data" shall mean any data that is generated by the Licensee one-to-one from the EUMETSAT Data as traced in the satellite information, i.e. bending angles in Level 1b and phase excess in Level 1a.
   • "Downstream Data" shall mean any data other than the EUMETSAT Derived Data and Licensee Derived data that is generated, or otherwise derived, from the EUMETSAT Data, EUMETSAT Derived Data or Licensee Derived Data, and that is sufficiently different from the EUMETSAT Data so that the EUMETSAT Data cannot be reconstructed from such derived data. Downstream Data shall include, without being limited to, data generated by aggregation or statistical computations, as well as weather prediction model outputs, and geophysical products that may be generated by the Licensee.
   • “GTS” shall mean the Global Telecommunication System of the World Meteorological Organization.

    

2. Scope of licence:

   The Licensee is hereby authorised on a non-exclusive basis to access the EUMETSAT Data, the EUMETSAT Derived Data and the L1b products, as defined in paragraph 1 above, that are made available by EUMETSAT, and to use said data for any purpose.

3. Non-redistribution:

   Redistribution of EUMETSAT Data, EUMETSAT Derived Data, L1b products and Licensee Derived Data is prohibited.

   Distribution of Downstream Data is authorised.

4. Ownership and Intellectual Property Rights:

   The Licensee acknowledges the ownership by EUMETSAT and/or Spire of the intellectual property rights in the EUMETSAT Data, EUMETSAT Derived Data, L1b products and Licensee Derived Data. The EUMETSAT Data, EUMETSAT Derived Data and the L1b products and Licensee Derived Data are protected from use by unauthorised third parties by EUMETSAT’s and/or Spire’s intellectual property rights, and by competition law.

   The Licensee shall take all reasonable steps to prevent damage or any infringement of EUMETSAT’s and/or Spire’s intellectual property rights and shall inform EUMETSAT immediately, should the Licensee become aware of actual or potential infringement of these rights.

   When displaying or publishing images based on EUMETSAT Data or EUMETSAT Derived Data, the Licensee shall indicate EUMETSAT as the source of the original EUMETSAT Data.

5. Liability:

   Nothing in the licence shall be deemed to be any representation or warranty on the part of EUMETSAT relating to the properties, qualities or fitness for use or purpose of the EUMETSAT Data, EUMETSAT Derived Data, L1b products and Licensee Derived Data. EUMETSAT shall bear no liability for any consequences, whether direct or indirect, arising from any use of the EUMETSAT Data, EUMETSAT Derived Data, L1b products and Licensee Derived Data, and the Licensee shall hold EUMETSAT harmless from any claims arising from such use. EUMETSAT shall not be liable if the provision of data licensed under the licence should deteriorate or be reduced or discontinued for any reason.

   EUMETSAT shall not be liable for any adaptations carried out, or required to be carried out, to any equipment or software used by the Licensee or for the interface between such adaptations and decryption equipment and software used to decrypt the EUMETSAT Data, EUMETSAT Derived Data, L1b products and Licensee Derived Data. Nothing in the licence shall be deemed to be any representation or warranty on the part of EUMETSAT relating to the properties, quality, or fitness for use or purpose of decryption equipment and software. EUMETSAT shall bear no liability for any consequences, whether direct or indirect, arising from any use of decryption equipment or software.

6. Non-assignment:

   The Licensee shall not assign the licence in whole or in part to a third party without EUMETSAT’s prior written consent. The Licensee shall not allow access to EUMETSAT Data, to L1b products nor to Licensee Derived Data by any third party.

7. Settlement of disputes:

   Any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of the licence shall be settled by arbitration, applying mutatis mutandis Articles 15.2 to 15.5 of the EUMETSAT Convention.

8. Entry into force and Duration:

   The licence shall enter into force from the date of electronic acceptance by the Licensee and shall be granted in perpetuity, subject to strict compliance with the terms and conditions set out in the licence and without prejudice to paragraph 9 below.

   The Licensee may renew his/her licence.

9. Termination:

   Either party may terminate the licence at the end of each twelve-month period from the day the licence enters into force, provided three months’ prior notice of such termination has been given in writing.

   EUMETSAT shall be entitled, without prejudice to any other rights and remedies, to revoke the Licensee’s access to EUMETSAT Data and to terminate the licence without notice in the event the Licensee fails to observe any of his/her obligations.

   EUMETSAT shall be entitled, without prejudice to any other rights and remedies, to terminate the licence without notice in the event of expiration of the contract with Spire.

   Articles 2 to 7 shall continue to apply in the event of a termination.