END USER LICENSE TERMS
DISPLAY AND MEDIA LICENSE
Version B4-21-21
These Display and Media License terms (the “License Terms”) apply to your use of Licensed Images that you have licensed either from an Affiliate of Maxar Technologies Inc., a Delaware corporation with offices located at 1300 W. 120th Avenue, Westminster, Colorado 80234 USA (“Maxar”) directly or from a Certified Reseller of Maxar. These License Terms are entered into by Maxar and Customer. These License Terms are in addition to and supplement the terms of any other license granted by Maxar covering the Licensed Images.
By signing or otherwise indicating acceptance of a Customer Agreement or downloading, accessing or using any Licensed Images licensed under a Display and Media License, you, on behalf of Customer, are accepting and agreeing to be bound by these License Terms. If you are entering into these License Terms on behalf of a company or other legal entity or government agency, you represent that you have the authority to bind that entity and its Affiliates to the terms and conditions of these License Terms, in which case “Customer” refers to such entity and its Affiliates. If you do not agree to the terms in these License Terms, do not download, access or use any Maxar Licensed Images. Capitalized terms used in these License Terms are defined in Section 4 below.
1. GRANT OF LICENSE. In addition to those use rights set forth in any other license granted by Maxar covering the Licensed Images, Maxar grants to Customer a perpetual, non-exclusive, non-transferable license to publish extracts of the Licensed Images and/or Derivatives of the Licensed Images in any of the following publications (the “Publications”) to supplement text or other content, subject to the requirements set forth in Section 2 below:
(a) reports, white papers, presentations and training manuals (print and electronic);
(b) books, textbooks, newspapers, magazines, articles, journals and blogs (print and electronic);
(c) posters, brochures and booth displays;
(d) websites and social media; and
(e) video media including movies, television programs, documentaries, webinars and other broadcasts.
2. REQUIREMENTS. All use of the Licensed Images and Derivatives of the Licensed Images are subject to the following requirements:
(a) PRINT AND VIDEO/BROADCAST MEDIA.
(i) Resolution – At a resolution no better than resolution of delivered imagery.
(ii) Metadata – Can only publish collection date/time, vehicle, and band combination.
(b) ONLINE MEDIA.
(i) Resolution – At a resolution no better than resolution of delivered imagery.
(ii) Imagery Formats – .png, .tif, .tiff, .gif, .jpg, .jpeg, .jpe, .jfif, .bmp, .pdf or any format without geo-referencing information
(iii) Metadata – Can only publish collection date/time, vehicle, and band combination.
(iv) Image Security – Non-extractable and non-downloadable manner.
In addition, each use of the Licensed Images or a Derivative of the Licensed Images in the Publications must include an attribution to Maxar on or adjacent to the image in the following form: “[Product] © [YEAR] Maxar Technologies. However, with respect to inclusion of the Licensed Images or a Derivative of the Licensed Images in a movie, television program, documentary, webinar or other broadcast, the attribution can be included in the credits at the end of the production.
3. UNDERLYING LICENSE TERMS. Except as specifically modified by these License Terms, the underlying license(s) granted by Maxar covering the Licensed Images (including all provisions contained therein) are, and will continue, in full force and effect. Capitalized terms used in these License Terms but not defined in these License Terms will have the meanings set forth in the underlying license granted by Maxar covering the Licensed Images and/or applicable Customer Agreement. All of the general provisions set forth in the underlying license granted by Maxar covering the Licensed Images will apply to these License Terms as if included in these License Terms.
4. DEFINITIONS.
“Affiliate” means any legal entity controlling, controlled by or under common control with a party, where “control” means (a) the ownership of at least fifty percent (50%) of the equity or beneficial interest of the entity; (b) the right to vote for or appoint a majority of the board of directors or other governing body of the entity; or (c) the power to direct or cause the direction of the management and policies of such party by any means.
“Certified Reseller” means a reseller authorized by Maxar to resell licenses to use the Licensed Images.
“Customer” means that individual, legal entity or government agency that has purchased a license to use the applicable Licensed Images either directly from Maxar or from a Certified Reseller.
“Customer Agreement” means (a) with respect to a Customer that purchases a license to use the Licensed Images from Maxar directly, that agreement consisting of the applicable Order Confirmation and Product Terms and Conditions; and (b) with respect to a Customer that purchases a license to use the Licensed Images from a Certified Reseller, that agreement between the Certified Reseller and Customer.
“Derivative” means any addition, improvement, update, modification, transformation, adaptation or derivative work of or to a Licensed Image, including, without limitation, reformatting of the Licensed Image into a different format or media from which it is delivered to Customer; any addition or extraction of data, information or other content to or from the Licensed Image; or any copy or reproduction of the Licensed Image.
“Licensed Image(s)” means satellite imagery, aerial photography, property attribute information, metadata, and other data contained in the imagery file(s) that are delivered to Licensee by Maxar or a Certified Reseller or made accessible via a Maxar Product, to which Licensee has purchased a Display and Media License.
“Order Confirmation” means that agreement or other document prepared by Maxar that sets forth the Products Maxar offers to license to Customer and the related terms and that is presented to Customer for acceptance. A quotation that includes an estimated fee is not an Order Confirmation.
“Product” means a Maxar product and/or service that contains Licensed Images, or through which Customer receives Licensed Images, and is licensed by Customer, as set forth in the Customer Agreement.
“Product Terms and Conditions” means the Product Terms and Conditions pursuant to which Maxar provides the Product to Customer, available at https://www.maxar.com/legal.
“Publication” has the meaning set forth in Section 1 of these License Terms.
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