European GNSS (Galileo) open service (797926), страница 15
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chipsets and receivers),other goods and Value Added Services developed – directly or indirectly – by the Licenseeby using the OS SIS ICD IPRs granted through the present Licence, which are making useof the OS Signal."OS Signal" – the Open Signal broadcasted by the infrastructure developed under theEuropean GNSS Programme.© European Union 2014Document subject to terms of use and disclaimers p. i-iiOS SIS ICD, Issue 1.2, dd.mm 201457"OS SIS ICD" – the Open Service Signal in Space Interface Control Document in its latestversion (available at http://ec.europa.eu/enterprise/policies/satnav/galileo/open-service/index_en.htm)."OS SIS ICD Copyright" – shall mean the copyright of the OS SIS ICD document."OS SIS ICD IPRs" – shall mean any and all intellectual property rights contained in theOS SIS ICD and listed in Annex D.1, including but not limited to Patents and OS SIS ICDCopyright.tion"Patents" – shall mean any and all patents and/or patent applications mentioned inAnnex D.1, including the inventions described and claimed therein as well as any divisions,continuations, continuations-in-part, re-examinations and reissues thereof.ltaAFCoTn"Technical Data of the OS SIS ICD" – shall mean the data related to:- Galileo Signalcharacteristics, the Galileo Spreading Codes characteristics, Galileo Message Structure,Message Data Contents and E1 and E5 Memory Codes."The Territory" – shall mean the territories covered by each intellectual property rightspecified in Annex D.1, subject to relevant Export Control regulations.2.
Subject of the Licencesu"Value Added Services" – any service developed on the basis or by using the OS SIS ICDIPRs and delivering different or additional capabilities with respect to the OS Signal.DR2.1 The EU hereby grants the Licensee and its Affiliates a non-exclusive royalty-freelicence on the OS SIS ICD IPRs, in accordance with the terms of Article 3 below andlimited to the Territory and Field of Use. The Licensee shall not be entitled to grantsublicenses of any of the rights granted herein to the Licensee.lic2.2 Without prejudice to Article 2.1, the commercial exploitation of the LicenseeProduct in the Field of Use in countries outside the Territory will be under the soleresponsibility of the Licensee and its Affiliates.ub3.
licensee's rights and obligationsrP3.1 The Licensee shall exploit the OS SIS ICD IPRs in the Field of Use in a manner so asnot to harm the security interests of the EU or its Member States as set forth in article13 and article 17 of the Regulation (EU) No 1285/2013 of the European Parliamentand of the Council of 11 December 2013 on the implementation and exploitationof European satellite navigation systems and repealing Council Regulation (EC) No876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of theCouncil.Fo3.2 The EU grants the Licensee and its Affiliates the following user rights pursuant tothis Licence:a) the right to make any use of, including the right to integrate and incorporate intoany Licensee Products, the Technical Data of the OS SIS ICD and the right to storethe Technical Data of the OS SIS ICD, provided the source is acknowledged;b) the right to reproduce the OS SIS ICD, in whole or in part, distribute it and publishit on a non-commercial scale without amending the document or adding anyelement, the right to place links in the Licensee and Affiliates website to the EUwebsite where the document is published, provided the source is acknowledged,in accordance with the copyright notice in the OS SIS ICD.58© European Union 2014Document subject to terms of use and disclaimers p.
i-iiOS SIS ICD, Issue 1.2, dd.mm 20143.3 Subject to the foregoing, Licensee shall have the right to select distributors andotherwise determine the commercial strategy, including all channels of distribution,regarding the distribution and sale of the Licensee Product in the Territory.3.4 The Licensee shall be solely responsible for:a) exercising his rights hereunder strictly in compliance with all laws and regulationsof each of the countries in which such exercise takes place;b) compliance with all Export Controls regulations.tion3.5 Terms and conditions of the present Licence shall extend without limitations tothe Affiliates of the Licensee.
In particular, the Licensee shall ensure that all theobligations set forth in this Licence are honoured by its Affiliates.ltaAFCoTn3.6 The exercise of any rights outside of the scope and extent this Licence shall bedeemed in breach the intellectual property rights of the EU, ESA and any otherconcerned right-holders.4. additional iPR and maintenance of patent rightssu4.1 The EU reserves the right, in the course of the Licence term, to acquire ownershipor control of additional intellectual property rights related to the OS Signal. In thatcase, the EU may update Annex D.1 accordingly. The additional intellectual propertyrights included in the updated Annex D.1 shall be considered as licensed under thepresent Licence, without the need to amend the Licence.DR4.2 The EU shall have no obligation to communicate the acquisition of additionalintellectual property rights related to the OS Signal to the Licensee.lic4.3 The EU shall have no obligation to maintain the OS SIS ICD related Patents in force,whether in full or partly, nor shall it be obliged to communicate any decision theretoto the Licensee.5.
duration and terminationub5.1 This Licence shall be valid for the whole duration of the OS SIS ICD IPRs licensedhereunder insofar as the terms and conditions of this Licence are respected by theLicensee.rP5.2 This Licence and the rights granted hereunder will terminate automatically upon anybreach by the Licensee of the terms of the Licence.5.3 In the event of termination howsoever occurred the Licensee shall:Foa) discontinue the use of the Licensee Products or any other activity covered underArticle 2,b) take all appropriate measures to minimize costs, prevent damage, and cancel hiscommitments andc) have the right, within 6 months after the termination of the present Licence, tosell all remaining Licensee Products at that date in stock, or to finish and fulfilall agreements which have been entered into prior to the declaration of thetermination.5.4 This Licence and its validity shall not be influenced by the fact that one or more ofthe licensed OS SIS ICD IPRs should finally be declared not granted or invalid.© European Union 2014Document subject to terms of use and disclaimers p.
i-iiOS SIS ICD, Issue 1.2, dd.mm 2014596. liability6.1 The EU and ESA make no representation as to the patentability and/or breadth ofthe OS SIS ICD IPRs licensed under the present Licence, except for the materialexistence of the Patent. The EU and ESA assume no liabilities concerning:a) any third party's prior rights to use the OS SIS ICD IPRs,b) the dependency of the OS SIS ICD IPRs on third parties' intellectual property rights.tion6.2 The Licensee and its Affiliates shall keep the EU and ESA harmless in respect toany infringement of any patent or other right of third parties due to the Licensee'sactivities under this Licence.7.
infringements by third partiesltaAFCoTn6.3 The EU makes no express or implied warranties as to the merchantability or fitnessfor a particular purpose of the OS SIS ICD IPRs. To the full extent allowed by law,the EU and ESA disclaim all warranties, whether expressed or implied, for any claimrelated to the use of OS SIS ICD IPRs by the Licensee, its contractors or Affiliates, orrelated to the Licensee Product, including on product liability.su7.1 The Parties hereto shall inform each other promptly of any act of infringement,passing-off, unfair competition or the like, or suspected or threatened such act,any challenge or any allegation or complaint by a third party in relation to use orintended use of the OS SIS ICD IPRs in the Territory which are subject to this Licence.DR7.2 The EU and ESA reserve the right and faculty to decide whether or not to bring anaction for any infringements of the OS SIS ICD IPRs, even where the EU has beenduly informed about such alleged infringement by the Licensee.
The EU shall haveno obligation to notify any decision thereto to the Licensee.lic8. action for infringement brought by third partiesrPub8.1 If actions for infringement are brought against the Licensee as a result of theexploitation of the OS SIS ICD IPRs, the costs incurred for its defence and paymentof damages shall be borne by the Licensee.
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