BEFORE YOU CLICK ON THE "SUBMIT" BUTTON AT THE END OF THIS LICENCE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS BELOW. BY CLICKING ON THE "SUBMIT" BUTTON YOU ARE CONSENTING TO BE BOUND BY AND ARE REQUESTING TO BECOME THE LICENSEE OF THE EUROCONTROL ADVANCED EMISSION MODELLING TOOL ("AEM"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE, CLICK THE "DO NOT ACCEPT" BUTTON.

When you ("LICENSEE") "click" the "SUBMIT" button the European Organisation for the Safety of Air Navigation ("EUROCONTROL") will examine your request to be granted a licence for the use of AEM. EUROCONTROL will, if necessary, then contact you with a view to further understand your intended use of AEM and explain these terms and conditions, as well as other relevant information. EUROCONTROL will notify you electronically of its decision to grant you a licence or not, of your access rights and of the procedure to obtain a copy of AEM, including its documentation.

WHEREAS

  1. AEM, to be provided under this Agreement, includes :
    • AEM tool
    • the AEM User Guide including an Installation Guide
    • traffic and flight sample text files.

      

  2. EUROCONTROL may provide limited support services in relation to the use of AEM. Such services are described in Section 11 below.

      

  3. Upon favourable examination of LICENSEE's request, LICENSEE will be granted a non-exclusive, non-transferable licence for AEM. The licence permits LICENSEE to use AEM as defined in Section 1 above in accordance with the terms contained in this Agreement.

      

  4. In this Agreement "Use" shall mean and include the utilisation of AEM by copying, transmitting or loading the same into the permanent memory (e.g. hard disk, CD-ROM or other storage device) of a system for the processing of system instructions or statements contained in AEM; and copying AEM which is in machine-readable form for Use by LICENSEE on the system for the purposes only of understanding the contents of such machine-readable material. One (1) copy of AEM may be made for back-up and one (1) copy for disaster recovery provided they contain the same copyright information as the original.

      

  5. The licence for AEM is free of charge. A handling fee of 200 EUR for every new version will be levied by the Service Provider nominated by EUROCONTROL. Intermediate releases are not subject of renewed handling charges.

      

  6. Obligations of Licensee

    Upon accepting this Agreement and upon receipt of AEM, LICENSEE shall :

    1. maintain accurate and up-to-date records of the number and location of all copies of AEM LICENSEE is entitled to make under this Agreement;
    2. ensure that LICENSEE's personnel who will use AEM are notified of the terms of this Agreement and will comply with them prior to such personnel using the same;
    3. to supervise and control Use of AEM III in accordance with the terms of this Agreement and to provide EUROCONTROL with any modification and/or improvement to the models as well as all data deemed useful to enable EUROCONTROL to further improve the models;
    4. ensure that the latest AEM version is installed and used in order to benefit from the support services described in Section 11 below;
    5. supervise and control Use of AEM in accordance with the terms of this Agreement;
    6. make available to EUROCONTROL for its internal purposes any reports and documents produced and/or developed with AEM;
    7. reproduce and include the copyright notice of EUROCONTROL as it appears in or on AEM on all copies made in accordance with this Agreement;
    8. report any feed back and suggestions on the use of AEM to EUROCONTROL as deemed useful to enable EUROCONTROL to further improve AEM at: AEM main site
    9. reference AEM, EUROCONTROL in all and any reports produced by LICENSEE with the use of AEM;
    10. not copy AEM (other than for normal operation and as specified in Section 4 above);
    11. not translate AEM and or any documents related thereto;
    12. not use AEM beyond the limitations outlined under Section 7;
    13. not disassemble, decompile or reverse engineer AEM by any manner (or to attempt to perform such actions or to have such actions performed by third parties);
    14. not sub-licence, provide or otherwise make available AEM to any person other than your employees or as specified herein without prior explicit written consent from EUROCONTROL;
    15. not display AEM on a public bulletin board, ftp site, worldwide web site, chat room or by any other unauthorised means;
    16. not use any part of AEM for the purpose of creating any rival/competitive product to AEM;
    17. not use AEM for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, Trojan horse, cancelbot or any other destructive or contaminating programme;
    18. not sell and/or use AEM for commercial purposes without the explicit and prior agreement from EUROCONTROL;
    19. destroy, within fourteen (14) calendar days after the date of termination or discontinuance of this Agreement for whatever reason, AEM and all upgrades or copies and confirm in writing to EUROCONTROL that such has been done.

      

  7. RESTRICTIONS ON THE USE

    LICENSEE shall in particular not use AEM :
     
    1. to design and use any system or application relying on AEM in a way ensuring that AEM can under no circumstances be used as a tool for any safety critical decisions and to be able to demonstrate this upon request;
    2. for the purposes of comparative studies with other similar models without the express consent of EUROCONTROL;
    3. to highlight performance differences between ATM actors (ANSPs, Airspace Users) without their prior consent, and
    4. to highlight performance differences between aircraft from different manufacturers.

      

  8. LIMITATION OF LIABILITY
           
    1. AEM IS PROVIDED ON A STRICTLY "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    2. EUROCONTROL NOR ANY THIRD PARTY DO NOT WARRANT THAT AEM WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
    3. NEITHER EUROCONTROL OR ANY THIRD PARTY SHALL BE LIABLE TO LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT, AEM, ITS USE OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      

  9. Intellectual Property Rights
    AEM has the Base of Aircraft Data (BADA) a EUROCONTROL aircraft performance database incorporated in it.
    All copyright, trade marks and other intellectual property rights subsisting in or used in connection with AEM (including but not limited to all images, animations, audio and other identifiable material relating to AEM, such as BADA) are and remain the sole property of EUROCONTROL and other third parties (known to EUROCONTROL), as may be the case.

      

  10. Communications
    Any public communication on AEM and/or its performance shall be coordinated with EUROCONTROL in advance and shall require the prior approval of EUROCONTROL.
    Upon approval make due reference to EUROCONTROL and its data suppliers (where so requested by EUROCONTROL) and the database right of EUROCONTROL and be assorted by a statement along the following lines: "©2009 The European Organisation for the Safety of Air Navigation. All rights reserved."

      

  11. Maintenance and Support
      
    1. Maintenance and support services will be outsourced to a service provider of EUROCONTROL's choice,
    2. EUROCONTROL remains the only decision-making authority and may decide to stop the maintenance and support services at any time. In case it is decided to stop the maintenance and support services, LICENSEE will be given a written notification of at least 3 months prior to such cessation of services;
    3. Different maintenance and support levels will apply to LICENSEES being EUROCONTROL Member States or air navigation service providers of EUROCONTROL Member States;
    4. The maintenance and support services are currently provided free of charge. EUROCONTROL's governing bodies may at any time decide to levy a charge for this type of services. Due written notification shall be given to LICENSEE of such decision.
    5. Maintenance and support services shall be provided only for the on-line latest major version and corresponding upgrades;
    6. Maintenance and support services will be provided only under the condition that LICENSEE have downloaded the last patches and/or upgrades of the AEM through the dedicated web site;
    7. LICENSEE shall report any needs, requirements or incidents via the web application AEM main site by using his specific login and password;
    8. EUROCONTROL will liaise and co-ordinate with the Service Provider in charge of the maintenance and support services on technical issues and shall remain the sole design authority;
    9. EUROCONTROL will follow Incident Reports received from LICENSEE with a view to manage priorities and validate new requirements;
    10. EUROCONTROL will facilitate AEM User Consultation Group meetings with the objective of collecting user requirements and engineering an intelligence sharing among the AEM users.
    11. As a result of EUROCONTROL' and Users' requests EUROCONTROL may, at its entire discretion, develop new versions;
    12. LICENSEE may have to re-register when new versions are produced. While EUROCONTROL will attempt to ensure compatibility between the current version and future versions, EUROCONTROL does not guarantee that this will be the case. EUROCONTROL will provide advanced notification to LICENSEE of appropriate changes.

      

  12. Focal Points
      
    1. LICENSEE's Focal point shall be identified on the on-line registration form. LICENSEE shall update that information if and as necessary.
    2. The AEM User Consultation Group (UCG) is composed out of the LICENSEE's User focal points who wish to actively participate in the AEM development.
    3. The UCG is an advisory body to EUROCONTROL, while EUROCONTROL keeps design authority for AEM developments. The UCG meets once a year with the aim to discuss, define and prioritize requirements to be proposed for implementation in the new AEM versions.
    4. Appropriate communication can only be provided if LICENSEE keeps the contact details and identity of the focal point up to date.
    5.   

  13. Termination
     
    1. LICENSEE may terminate this Agreement at any time by destroying AEM, documentation and all copies and notifying EUROCONTROL in writing that LICENSEE has done so
    2. EUROCONTROL may terminate this Agreement at any time if LICENSEE is found in breach of any of the terms of this Agreement. If LICENSEE is notified of such termination, LICENSEE must comply with the provisions of Section 6 above.
    3. EUROCONTROL may terminate this Agreement at any time for reasons of convenience. Such termination shall be notified to LICENSEE at least 6 (six) months prior to the entry into effect of such termination. Upon such termination LICENSEE shall be entitled to continue the use of the then current version. The terms of this Agreement shall govern such continued use in particular Section 6, 7, 8 and 9.
    4.   

  14. Dispute Settlement and Law Applicable
    Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments to this Agreement, including without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO (World Intellectual Property Organization) Arbitration Rules. The arbitral tribunal shall consist of three arbitrators. The place of arbitration shall be Brussels (Belgium). The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided according to the laws of Belgium.

      

  

        Last validation : 08/04/2009