End User Licence Conditions

AUTHORIZED LICENSEE: This End user licence conditions apply to governmental organisation(s) of a Coastal State, located at single or multiple facilities within a single country, which have been notified to EMSA. The Products shall be used for the sole purpose of oil spill monitoring (illegal discharges and accidental spills).
For greater certainty, the identified authority or authorities of the Coastal States may not distribute, transfer or otherwise make available the Product to any subsidiary, affiliate or other governmental bodies, or any other unauthorised users, without the prior written consent of EMSA.

GRANT OF LICENSE: The authorised satellite owners/operators grant via EMSA the Coastal State (the LICENCEE) a limited, non-transferable, non-exclusive license to use the Product and any accompanying written materials provided to the Coastal State by EMSA and any Derived Image Product, solely for the following uses:

a. to make an unlimited number of soft and hard copies for the internal use of the LICENSEE and internal backup purposes only;
b. to transfer, via either a physical delivery protocol or a secured and encrypted network protocol, a full resolution product to LICENSEE’s employees and/or contractors or consultants who are under a duty of confidentiality no less restrictive than LICENSEE’S duty hereunder. The contractors or consultants must not retain the Product or copies thereof after completion of the LICENCEE's internal project;
c. to store, post or process the Product (including full resolution product) in a system that is not accessible by an open or non-restricted network;
d. to release hardcopy prints of the Product, to publish the Product in research reports, journals, trade papers or similar publications, and to post the Product to Internet web sites provided that such Product is in a secure format that allows only printing and viewing and prohibits manipulating the Product’s pixel or metadata; all providing that such release, publishing or posting is solely for non-commercial uses and that the copyright notice of the satellite owner and EMSA is conspicuously displayed alongside the Product.; and
e. to develop, reproduce and distribute any Value-Added Product (as defined in these conditions) generated from the Product.

PROHIBITED USES: No license or right in or to any of the Product, or any other intellectual property of the authorised satellite owners/operators or EMSA, is granted by this License. Without limiting the generality of the foregoing, the LICENSEE agrees and understands that it may NOT:

a. sell, lease, rent, sub-license, or transfer the Product, in any other manner whatsoever;
b. reverse engineer, disassemble, decompile or adapt the Product;
c. post the Product to Internet web sites in a non-secure format that allows manipulation of the Product;
d. alter or remove any copyright notice or proprietary legend contained in or on the Product;
e. dispose of the Product without the written consent of EMSA.

A Coastal State may use the Low Resolution Products for external purposes in case of an accidental spill. Low Resolution Product is a Product at two (2) or more times reduced resolution of which the full resolution cannot be retrieved. In case of court proceedings with respect to illegal discharges the Products may be used in low and high resolution. In all cases the proper copyright has to be conspicuously marked.

DEFINITIONS:
“Derived Image Product” with respect to the Product, means any of the following derived from the Product:

• Sub-sampled scenes, sub-scenes and imagettes
• Basic image processing such as speckle-filtering, appliance of LUT, histogram equalization, contrast stretching, etc.
• If applicable: Coloured composite image using multiple RADARSAT-2 data sets
• Non-orthorectified mosaic with or without a simple layout
• Georeferenced space maps with index map, mapsheet reference, layout, embedded names, etc.
• Geocoded space maps with index map, mapsheet reference, layout embedded names, etc.
• Orthorectified space maps with index map, mapsheet reference, layout embedded names, etc.

“Value-Added Product” means any product that does not retain the pixel structure of the original Product and does include a material addition of other external information by LICENSEE.