SPOT Scene
SPOT Scene
SPOT Scene
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Effective 25 July 2005<br />
Spot Products & Services<br />
Price list<br />
Detailed information about the full range of Spot products and services<br />
is available on request or on www.spotimage.com<br />
Spot Image also offers a range of products complementing Spot data:<br />
Ikonos, QuickBird and FORMOSAT-2,<br />
Envisat, ERS and Radarsat,<br />
VEGETATION, Meris, Landsat, IRS products…<br />
For more detailed information on product features and prices,<br />
contact our Sales & Marketing team on +33 (0)5 62 19 40 40<br />
or by e-mail at sales@spotimage.com
Products & Services Price list Spot<br />
Effective 25 July 2005<br />
Product delivery: All products presented in this document<br />
are supplied in DIMAP format, (or CEOS format for 20-m<br />
colour, 10-m B&W and 10-m colour <strong>SPOT</strong> <strong>Scene</strong> products<br />
from Spot 1 to 4). They are supplied on CD-ROM, DVD or by<br />
FTP.<br />
Spot Image will make archive products available "ex-works"<br />
within 3 working days on average .This applies to scenes<br />
preprocessed to levels 1A, 1B or 2A, and available in the<br />
Toulouse or Kiruna archives.<br />
24-hour delivery rush service: orders must be received<br />
before 12.00 a.m. French local time. This service is<br />
available for all scenes archived in Toulouse or Kiruna and<br />
pre-processed to levels 1A, 1B or 2A for a supplement of<br />
€ 600 per product.<br />
Licences<br />
Standard licence<br />
Multilicence<br />
Number<br />
of users<br />
2 - 3<br />
4 - 10<br />
> 10<br />
included<br />
+ 30%<br />
+ 40%<br />
contact us<br />
The above percentages are applied on product prices. Access to<br />
the multilicence is subject to prior agreement from Spot Image.<br />
More information: www.spotimage.com/licensing.htm<br />
1<br />
Price<br />
<strong>SPOT</strong> <strong>Scene</strong> - standard images - Levels 1A, 1B or 2A<br />
ARCHIVE PRODUCTS<br />
full scene 1/2 scene 1/4 scene 1/8 scene<br />
full scene<br />
old archive<br />
1986-2003 inclusive<br />
20 m colour<br />
10 m B&W<br />
€ 1,900<br />
-<br />
-<br />
-<br />
€ 1,200<br />
10 m colour<br />
5 m B&W<br />
€ 2,700 € 2,025 € 1,350 € 1,020<br />
5 m colour*<br />
2.5 m B&W<br />
€ 5,400<br />
-<br />
-<br />
-<br />
€ 4,050 € 2,700 € 2,040<br />
2.5 m colour*<br />
€ 8,100<br />
-<br />
-<br />
-<br />
* Available in levels 1A and 2A<br />
PROGRAMMED PRODUCTS**<br />
full scene 1/2 scene 1/4 scene 1/8 scene<br />
20 m colour<br />
10 m B&W<br />
€ 2,700<br />
-<br />
-<br />
-<br />
10 m colour<br />
5 m B&W<br />
5 m colour*<br />
2.5 m B&W<br />
€ 3,500 € 2,825 € 2,150 € 1,820<br />
-<br />
-<br />
-<br />
€ 6,200<br />
€ 4,850 € 3,500 € 2,840<br />
Priority<br />
programming<br />
service**<br />
+ € 3,100<br />
2.5 m colour*<br />
€ 8,900<br />
-<br />
-<br />
-<br />
* Available in levels 1A and 2A<br />
A full scene covers an area of 60 km x 60 km minimum<br />
(depending on the viewing angle).<br />
<strong>Scene</strong> extracts cover a floating area within a Spot scene.<br />
A 1/2 scene covers an area of 40 km x 40 km, a 1/4<br />
scene, 30 km x 30 km and a 1/8 scene, 20 km x 20 km<br />
(depending on the viewing angle).<br />
Spot Image also offers a range of Spot stereopairs. The price of a<br />
Spot stereopair corresponds to the price of two <strong>SPOT</strong> <strong>Scene</strong><br />
images (level 1A) regardless of the resolution and viewing mode.<br />
Note: Level 2A products are rectified in a standard map projection<br />
(UTM WGS 84).<br />
**Programming service: subject to feasibility study<br />
<strong>SPOT</strong> DEM - digital elevation models<br />
<strong>SPOT</strong> DEMs are derived by automatically correlating<br />
stereopair images acquired by the HRS (high resolution<br />
stereoscopic) instrument on <strong>SPOT</strong> 5.<br />
They are delivered in geographic (with a one arc<br />
second post spacing) or cartographic coordinates (with a<br />
post spacing of 20 m).<br />
The minimum coverage is 3 000 km 2 . For smaller areas or<br />
DEM derived from lateral stereopairs, contact our Sales<br />
team.<br />
Note: Stereopairs used to produce <strong>SPOT</strong> DEM are not<br />
supplied.<br />
<strong>SPOT</strong> DEM<br />
To see availability of <strong>SPOT</strong> DEM, go to:<br />
www.spotimage.com/<strong>SPOT</strong>3D-en.htm<br />
price per km 2<br />
(area ≥ 3 000 km 2 )<br />
€ 2.3<br />
The <strong>SPOT</strong> 3D product range also includes the Reference3D<br />
database. For more information:<br />
www.spotimage.com/Reference3D-en.htm<br />
page 2
Products & Services Price list Spot<br />
Effective 25 July 2005<br />
<strong>SPOT</strong>View - digital satellite imagemaps<br />
<strong>SPOT</strong>View Precision - Level 2B<br />
ARCHIVE PRODUCTS<br />
20 m colour<br />
10 m B&W<br />
10 m colour<br />
5 m B&W<br />
5 m colour<br />
2.5 m B&W<br />
2.5 m colour<br />
mapframe<br />
full scene 30' x 30' 15' x 15' 7'30 x 7'30<br />
€ 2,440 € 2,440 € 1,190 € 640<br />
€ 3,240 € 3,240 € 1,600 € 930<br />
€ 5,940 € 5,940 € 2,680 € 1,420<br />
€ 9,180 € 9,180 € 4,300 € 2,370<br />
PROGRAMMED PRODUCTS**<br />
mapframe<br />
full scene 30' x 30' 15' x 15' 7'30 x 7'30<br />
<strong>SPOT</strong>View products are supplied on<br />
request with or without image<br />
enhancement (<strong>SPOT</strong>View Plus or<br />
Basic).<br />
They are available covering the area of<br />
the full Spot scene or framed to match<br />
standard mapsheets. Custom product<br />
framing (dimensions and/or registration)<br />
on request.<br />
A full scene covers an area of 60 km x<br />
60 km minimum (depending on the<br />
viewing angle). Mapframe 30' x 30'<br />
covers an area of 54 km x 54 km at<br />
the equator, mapframe 15' x 15', 27 km x<br />
27 km, and mapframe 7'30 x 7'30,<br />
13 km x 13 km. The area decreases<br />
as the latitude increases.<br />
20 m colour<br />
10 m B&W<br />
€ 3,240 € 3,240 € 1,990 € 1,440<br />
10 m colour<br />
5 m B&W<br />
5 m colour<br />
2.5 m B&W<br />
2.5 m colour<br />
€ 4,040 € 4,040 € 2,400 € 1,730<br />
€ 6,740 € 6,740 € 3,480 € 2,220<br />
€ 9,980 € 9,980 € 5,100 € 3,170<br />
Priority<br />
programming<br />
service**<br />
+ € 3,100<br />
Note:<br />
The area covered by <strong>SPOT</strong>View Plus<br />
full-scene products may be a few<br />
pixels (up to 20) smaller around the<br />
edges than the original scene due to<br />
image enhancements.<br />
<strong>SPOT</strong>View Ortho - Level 3<br />
ARCHIVE PRODUCTS<br />
20 m colour<br />
10 m B&W<br />
10 m colour<br />
5 m B&W<br />
5 m colour<br />
2.5 m B&W<br />
2.5 m colour<br />
mapframe<br />
full scene 30' x 30' 15' x 15' 7'30 x 7'30<br />
€ 2,620 € 2,620 € 1,300 € 700<br />
€ 3,420 € 3,420 € 1,710 € 1,000<br />
€ 6,120 € 6,120 € 2,800 € 1,500<br />
€ 9,400 € 9,400 € 4,500 € 2,500<br />
PROGRAMMED PRODUCTS**<br />
20 m colour<br />
10 m B&W<br />
10 m colour<br />
5 m B&W<br />
5 m colour<br />
2.5 m B&W<br />
2.5 m colour<br />
mapframe<br />
full scene 30' x 30' 15' x 15' 7'30 x 7'30<br />
€ 3,420 € 3,420 € 2,100 € 1,500<br />
€ 4,220 € 4,220 € 2,510 € 1,800<br />
€ 6,920 € 6,920 € 3,600 € 2,300<br />
€ 10,200 € 10,200 € 5,300 € 3,300<br />
Priority<br />
programming<br />
service**<br />
+ € 3,100<br />
<strong>SPOT</strong>View Plus colour products<br />
(Precision or Ortho) can be generated<br />
in pseudo-natural colours that more<br />
closely match actual landscape<br />
colours for a supplement of € 300<br />
per product.<br />
Note:<br />
Ground control points and digital<br />
elevation models needed to produce the<br />
<strong>SPOT</strong>Views must be supplied by the<br />
customer.<br />
Spot Image also proposes <strong>SPOT</strong>View<br />
Ortho generation using the<br />
Reference3D database (<strong>SPOT</strong>View<br />
Ortho planimetric accuracy: 10 m RMS).<br />
Please contact our sales department for<br />
conditions.<br />
The customer must specify the map<br />
projection required.<br />
**Programming service:<br />
subject to feasibility study<br />
page 3
Products & Services Price list Spot<br />
Effective 25 July 2005<br />
General supply conditions of Spot products<br />
The present conditions are subject to change; for the latest version go to www.spotimage.com/GSC.htm<br />
1 - DEFINITIONS<br />
1.1 CATALOGUE: shall mean all the existing SCENES which are available and referenced at Spot Image.<br />
1.2 CLIENT: shall mean either the person acting in his own name or the legal entity which orders or intends to order one or more<br />
PRODUCTS from Spot Image within the context of its professional activity.<br />
When the PRODUCT is supplied to a public entity (civil agency, public department, ministry…), the CLIENT shall be deemed to be<br />
only such part of the public entity as located at the address to which the PRODUCT is supplied.<br />
1.3 PRODUCT: shall mean all or part of a SCENE; and/or any other <strong>SPOT</strong>® satellite imagery service, such as it appears in the<br />
Spot Image price list; and any physical medium on which this SCENE or service is fixed, when applicable.<br />
1.4 VAP: shall mean any product developed by the CLIENT, which contains imagery data from the PRODUCT, and resulting in a<br />
significant modification of the PRODUCT through technical manipulations and/or addition of other data. Notwithstanding the<br />
foregoing, by express exception, any Digital Elevation Model or Digital Terrain Model derived from a PRODUCT shall always be<br />
considered as a VAP.<br />
1.5 SCENE: shall mean any <strong>SPOT</strong>® satellite image.<br />
1.6 DERIVATIVE WORKS: shall mean any derivative product or information developed by the CLIENT from the PRODUCT, which<br />
does not contain any imagery data from the PRODUCT and is irreversible and uncoupled from the source imagery data of the<br />
PRODUCT. Notwithstanding the foregoing, by express exception, any Digital Elevation Model or Digital Terrain Model (in any form<br />
whatsoever, i.e. database for instance) derived from a PRODUCT shall never be considered as DERIVATIVE WORKS.<br />
2 - GENERAL PROVISIONS<br />
Except with written agreement by Spot Image, all the supplies of PRODUCTS shall be governed by these General Supply Conditions.<br />
These General Supply Conditions are deemed irrevocably accepted by the CLIENT. Any clause or condition stating otherwise which<br />
appears in any correspondence or any order form addressed by the CLIENT to Spot Image shall be ineffective against Spot Image.<br />
If a particular agreement concluded with a CLIENT expressly derogates from one of these General Supply Conditions, the other<br />
conditions shall remain applicable.<br />
3 - PURCHASE ORDERS<br />
A purchase order is constituted when an order form is sent by electronic mail or in paper form (model available on:<br />
http://www.spotimage.com/ordering.htm) duly filled in. Notwithstanding any clause to the contrary, an order results in the<br />
adherence by the CLIENT to these General Supply Conditions. Spot Image reserves the right to accept or refuse any order, at its<br />
sole discretion. In any case, Spot Image shall be bound by no order unless it has been confirmed in writing, by Spot Image.<br />
3.1 - SCENES referenced in the Spot Image CATALOGUE<br />
Upon receipt of the order, Spot Image shall send to the CLIENT an acknowledgement of receipt mentioning all the order data as<br />
acceptable to Spot Image. This acknowledgement of receipt shall imply confirmation of the order. In the case of an order made by<br />
electronic mail, these provisions shall also be applicable. No modification or cancellation of an order of SCENES referenced in the<br />
CATALOGUE shall be possible after a period of twelve (12) hours from the issue of the acknowledgement of receipt of the order.<br />
Spot Image reserves the right to refuse any order comprising terms of delivery which it considers impossible to comply with.<br />
3.2 - SCENES not referenced in the Spot Image CATALOGUE<br />
Upon receipt of the order, Spot Image shall send to the CLIENT a proposal describing the satellite programming conditions. The<br />
CLIENT shall confirm in writing his acceptance or refusal of this proposal within the deadlines indicated in the said proposal. The<br />
acceptance of the terms of the Spot Image proposal shall result in the express adherence by the CLIENT to these General Supply<br />
Conditions, and shall irrevocably bind him to purchase all the SCENES obtained which comply with them. The acceptance of the<br />
Spot Image proposal shall constitute for Spot Image only the obligation to take all due care in its supplies. Once the satellite has<br />
been programmed, the CLIENT shall be able to claim no indemnity in the event of non-obtainment of SCENES for all or part of the<br />
order. In any case, Spot Image reserves the right to refuse any order it considers impossible to comply with under normal operating<br />
conditions.<br />
4 - DELIVERY<br />
4.1 - Terms of delivery<br />
The terms of delivery proposed by Spot Image in its acknowledgement of order receipt are given for information only, except when<br />
expressly guaranteed in writing by Spot Image. Any overrun of the term of delivery does not authorize the CLIENT to refuse the total<br />
or partial delivery of the PRODUCTS nor to claim any indemnity whatsoever.<br />
Should Spot Image, for any reason, find itself through its doing unable to deliver the PRODUCTS ordered, the CLIENT shall be<br />
entitled only to a refund of the price, without any indemnity of any nature whatsoever.<br />
4.2 - Modes of delivery<br />
All the <strong>SPOT</strong> 1 to 5 PRODUCTS can be delivered on-line. The on-line delivery service is free and can be accompanied, upon written<br />
request by the CIENT, by the physical sending of a CD or DVD medium for all the PRODUCTS. The costs involved on these accounts<br />
shall be borne by the CLIENT.<br />
On-line delivery: after registration at Spot Image, an electronic message shall be sent automatically to the CLIENT to inform him<br />
about the availability of the PRODUCTS and about the deadline within which he must download his PRODUCTS. Unless otherwise<br />
indicated, the CLIENT shall then have a deadline of ten (10) days, starting from the said electronic message, to download the<br />
PRODUCTS ordered. Should the CLIENT not download the ordered PRODUCT within the time allowed, Spot Image shall, upon his<br />
request, place the PRODUCT available back on the delivery server for an additional payment of two hundred (200) Euros for<br />
management costs. If the CLIENT should be unable to download the PRODUCT ordered, Spot Image shall send him, upon his<br />
request, the said PRODUCT on CD or DVD, as the case may be.<br />
5 - PRICES<br />
For each order, the price applicable is that which is in force at the date of order confirmation by Spot Image. The prices defined in<br />
the Spot Image Price List are expressed in Euros, exclusive of taxes, "Ex-works", (Incoterms C.C.I. 2000), including standard<br />
packaging.<br />
6 - CARRIAGE<br />
6.1 - Transfer of risks<br />
The risks pertaining to the PRODUCTS sent shall be transferred to the CLIENT as from the placing of the PRODUCT on the delivery<br />
server or, in the case of a supply on physical medium, as from the placing of the PRODUCT at the disposal of the first carrier. In all<br />
cases, the customs charges and taxes shall be borne exclusively by the CLIENT.<br />
Should the CLIENT have given Spot Image the mandate to negotiate and to sign in its name the PRODUCT transport contract, he<br />
shall commit himself to take care of all the risks and dangers linked to the transport. It is therefore for the CLIENT, in the event of a<br />
necessity, to make the standard disclaimers before the carrier within the legal deadlines.<br />
6.2 - Inspection of PRODUCTS<br />
The PRODUCTS can be submitted to prior inspection. In this case, the inspection, whose cost shall be borne by the CLIENT, shall be<br />
performed by appointed inspection companies.<br />
7 - TITLE RETENTION CLAUSE<br />
Spot Image reserves the title of the PRODUCTS delivered until payment in full of their price in principal and interests.<br />
Should the price not be paid in accordance with article 10 of these General Supply Conditions, Spot Image shall be authorized to<br />
regain the title of the PRODUCTS, and the sale can be terminated ipso jure by Spot Image who will retain any advance payments by<br />
way of damages. In the event of litigation or of an objection raised by the CLIENT, no compensation, of any type, can challenge the<br />
title retention clause.<br />
8 - LICENCE<br />
8.1 For any PRODUCT delivered and paid for by the CLIENT, the CLIENT, including its possible offices and/or branches within its<br />
country of residence, is granted a non-exclusive, non transferable licence:<br />
(a) to install the PRODUCT on as many individual computers as needed in its premises, including internal computer network (with the<br />
express exclusion of the internet, except as provided under paragraph (g) below) for the Permitted Uses as defined under<br />
paragraphs (b) to (i) below;<br />
(b) to make a maximum of ten (10) copies for (I) installation of the PRODUCT as per paragraph (a) above and (II) archiving and backup<br />
purposes;<br />
(c) to use the PRODUCT for its own internal needs;<br />
(d) to alter or modify the PRODUCT to produce VAPs and/or DERIVATIVE WORKS;<br />
(e) to use any VAP for its own internal needs;<br />
(f) to make available the PRODUCT and/or any VAP to contractors and consultants, only for use on behalf of the CLIENT, subject to<br />
such contractors and consultants agreeing in writing (I) to be bound by the same limitations on use as applicable to the CLIENT, and<br />
(II) to return the PRODUCT and VAP to CLIENT, and to keep no copy thereof, upon completion of the contracting or consulting<br />
engagement;<br />
(g) to post an extract, maximum size 1024 x 1024 pixels, of a PRODUCT or a VAP on an internet site, in an internet-compatible<br />
image format (without associated metadata), with the following credit conspicuously displayed: “includes material © CNES ____<br />
(year of production), Distribution Spot Image S.A., France, all rights reserved” written in full. Such posting shall be used for<br />
promotion purposes only, and may in no event allow downloading of the extract posted, nor be used to distribute, sell, assign,<br />
dispose of, lease, sublicense or transfer such extract. Prior to any posting, the CLIENT shall inform Spot Image, specifying the URL<br />
address used on the following address: sales@spotimage.com;<br />
(h) to print any extract, maximum size 1024 x 1024 pixels, of a PRODUCT or a VAP, and to distribute such print for promotion<br />
purposes only. Such print shall include the following credit conspicuously displayed: “includes material © CNES ____(year of<br />
production), Distribution Spot Image S.A., France, all rights reserved” written in full;<br />
(i) to freely use and distribute DERIVATIVE WORKS. Notwithstanding the foregoing, the CLIENT shall not be entitled to sell, distribute,<br />
assign, dispose of, lease, sublicense or transfer, directly or indirectly, any DERIVATIVE WORKS to any third party established,<br />
incorporated or located in the territories of the United States of America and/or Canada.<br />
All rights not expressly granted by Spot Image under the present Article 8 are hereby retained by Spot Image.<br />
8.2 The CLIENT acquiring a PRODUCT to be used in the frame of a multipartnership project may ask to benefit from the rights<br />
granted by the multilicence, and thus share the PRODUCT with any partner associated to the same project.<br />
The access to the multilicence is subject to:<br />
- prior agreement of Spot Image concerning identification of partners and the common project; and<br />
- payment of an additional fee; and<br />
- signing of a multilicence in accordance with the model available on: http://www.spotimage.com/licensing.htm<br />
9 - CLAIMS<br />
Any claim related to the quality and/or quantity of the PRODUCTS delivered must, to be admissible, be well-founded and duly<br />
formulated in a recorded delivery letter at the latest seven (7) days after the receipt of the PRODUCTS by the CLIENT. This deadline<br />
can under no circumstances exceed one (1) month as from the date at which the PRODUCT is made available by Spot Image. No<br />
return of the PRODUCTS shall be accepted without prior written and definite consent by Spot Image.<br />
10 - PAYMENT<br />
All Spot Image invoices are payable without discounts or reductions. The methods of payment accepted shall be defined in the<br />
acknowledgement of receipt of the order. Unless otherwise stated, the payment must be made by transfer at the latest thirty (30)<br />
days after the PRODUCTS are made available. The sums shall be credited to the Spot Image account appearing on the order<br />
confirmation. All overdue sums, totally or partially, shall carry, after formal notice to pay addressed in writing to the CLIENT, interest<br />
at a rate of 1.5%, (one and a half percent) per month, from the due date until the actual date of payment. Without prejudice to any<br />
other action, Spot Image reserves the right to apply one or more of the following provisions:<br />
• to suspend the current orders until complete payment of the price;<br />
• to refuse all future orders;<br />
• to suspend the licence of use and/or the right to make added value on the PRODUCTS;<br />
• to claim and obtain the refund of all the costs incurred as the result of the contentious recovery of the sums due,<br />
including the legal fees;<br />
• to bring a legal action in order to defend the interests of Spot Image.<br />
In any case, payments may not be suspended, nor form the subject of any compensation, without prior written consent by Spot<br />
Image.<br />
11 - EVENT OF DEFAULT<br />
By express agreement, any term not respected or renewed by the CLIENT shall cause ipso facto the cancellation of the payment<br />
deadlines which may have been granted upon confirmation of the order. Spot Image shall then be able to claim immediate payment<br />
of all outstanding invoices. Concerning the non-delivered quantities, Spot Image shall be able to either claim payment before<br />
collection, or cancel the balance of the order, without prejudice to any other damages.<br />
12 - RESPONSIBILITY - GUARANTEE<br />
12.1 Spot Image, through its customer service, shall endeavour to inform at best the CLIENT about the characteristics of the<br />
PRODUCTS and their compatibility. However, only the CLIENT is fit to define the characteristics of his needs and of the suitability of<br />
the PRODUCTS to their satisfaction, as Spot Image shall provide as regards the PRODUCTS no advice or recommendation<br />
whatsoever in this respect. Consequently, it shall be for the CLIENT to decide on the use of the PRODUCTS marketed by Spot<br />
Image, and Spot Image shall under no circumstances be held responsible as regards the suitability of these PRODUCTS concerning<br />
any use whatsoever.<br />
12.2 Spot Image shall endeavour to satisfy the CLIENT's request by delivering PRODUCTS which comply with his order. However,<br />
these PRODUCTS being complex, Spot Image can under no circumstances guarantee them against any hidden defect or fault. Spot<br />
Image's guarantee shall be limited either to the replacement of the PRODUCTS carrying an apparent bad workmanship defect if they<br />
are available, or to their refund, with the exclusion of any indemnity or damages. Any claim concerning the apparent defects or the<br />
non-conformity of the PRODUCT delivered with the PRODUCT ordered must be made in compliance with the deadlines stipulated in<br />
article 9 of these General Supply Conditions.<br />
12.3 In addition to the apparent defects insufficiently indicated upon receipt of the PRODUCT concerned, shall also be excluded the<br />
defects or deterioration caused by fair wear and tear or by an external accident (erroneous assembly or loading, faulty<br />
maintenance, abnormal use...) or by a modification of the PRODUCT which has not been planned nor specified by Spot Image.<br />
12.4 Under no circumstances can Spot Image be held responsible, on the basis of responsibility arising from the faulty PRODUCTS,<br />
for the damages caused to the CLIENT's goods which are useful for his profession. In addition, the CLIENT shall not be able to bring<br />
an action against Spot Image on these grounds. Under no circumstances can Spot Image be held responsible for all indirect and/or<br />
immaterial losses such as loss of profit, loss of production, loss of operation, loss of dates, loss of data or information, loss of a<br />
right, interruption of a service provided by a person or possession.... caused to the CLIENT or to any third party.<br />
13 - NON-EXCLUSIVITY<br />
No CLIENT shall be able to claim an exclusive right of use on the PRODUCT.<br />
14. CONFIDENTIALITY<br />
The CLIENT commits himself, for a period of five (5) years, to consider confidential all information, of any nature whatsoever, which<br />
he may have obtained as a result of or on the occasion of the placing of any order or of the delivery of a PRODUCT. The CLIENT<br />
guarantees Spot Image that his personnel and sub-contractor shall respect and maintain the confidentiality of the said information.<br />
The non-respect of the confidentiality clauses linked to this contract shall lead to its immediate ipso jure termination, which the<br />
CLIENT shall be exclusively responsible for.<br />
15 - INTELLECTUAL PROPERTY<br />
15.1 - Copyright<br />
The French Space Agency (Centre National d'Etudes Spatiales - CNES) is the sole holder of the copyright on the <strong>SPOT</strong>® data. The<br />
PRODUCTS are elaborated from this data.<br />
The CLIENT hereby acknowledges Spot Image's right to protection against the non-authorized reproduction and/or representation of<br />
the PRODUCTS under French copyright legislation and according to the terms of the international conventions applicable.<br />
Consequently, the CLIENT has no proprietary right and commits himself to respect the intellectual property rights and patent rights<br />
held by Spot Image and hereby authorizes Spot Image to make sure, by any means whatsoever, that this commitment is respected.<br />
15.2 - Database Protection<br />
The CLIENT hereby acknowledges the right of Spot Image and the CNES to the protection against the non-authorized re-use or<br />
extraction of the data which constitute the PRODUCTS or of a substantial part of a PRODUCT, whenever this PRODUCT is a database<br />
within the meaning of articles L 341-1 to L 343-4 of the Intellectual Property Code, as modified by the law of 1st July 1998.<br />
15.3 - Trademarks<br />
The CLIENT hereby acknowledges that the trademarks registered by Spot Image are the property of the latter.<br />
The sale to the CLIENT by Spot Image confers on the CLIENT no right to use the <strong>SPOT</strong>®, Spot Image® and <strong>SPOT</strong>View®<br />
trademarks and logographs.<br />
16 - FORCE MAJEURE<br />
Spot Image cannot be considered to be failing to meet its contractual obligations if these failures are due to the occurrence of a<br />
Force Majeure. Force Majeure designates all the occurrences which are beyond the reasonable control of Spot Image, of any nature<br />
whatsoever, and in particular all breakdowns of a <strong>SPOT</strong> satellite in activity and/or of another satellite of which Spot Image<br />
distributes the PRODUCTS and/or of the <strong>SPOT</strong> system, natural catastrophes, bad weather, fires, collective work disputes, strikes,<br />
sabotage, embargoes, interruptions or delays in the transport or means of communication, war, acts or regulations issued by the<br />
French government, by public, civil or military authorities (including delays in the obtainment of authorizations or licences of any<br />
sort), by the U.N., which may occur as from the date of the order and would prevent its total or partial execution.<br />
17 - TERMINATION CLAUSE<br />
Should all or part of the price not be paid on the due date, or should any one of the general or specific conditions not be met, the<br />
supply and all other supplies being carried out shall be cancelled ipso jure, if such a failure is not remedied within 15 days following<br />
the delivery of a recorded delivery letter expressing the intention of Spot Image to use this clause. In this case, the termination of<br />
the contracts can be stated and the restitution of the merchandise ordered by the competent emergency interim judge. The advance<br />
payments paid on the price of the sales cancelled shall be retained by Spot Image without prejudice to any other dues, costs,<br />
interests or damages that the CLIENT may be ordered to pay.<br />
18 - JURISDICTION AND LAW APPLICABLE<br />
All controversies between the parties shall be settled under the arbitration of the Commercial Court of Toulouse.<br />
The law applicable shall be French law.<br />
19 - FINAL REGULATIONS<br />
Should Spot Image not take advantage, at any moment, of any one of the regulations of the contract, this cannot be interpreted as<br />
constituting a renunciation or relinquishment, by Spot Image, of any one of its rights, nor shall it affect the validity of all or part of<br />
the contract, nor shall it constitute an obstacle to any future action by Spot Image.<br />
Any amendment or modification of the contract shall enter into force only after having been signed by the representative duly<br />
authorized by each of the parties.<br />
Spot Image - France<br />
Australia - Brazil - China - Japan - Mexico - Singapore - UAE - USA<br />
page 4<br />
© 07/2005 Spot Image - All rights reserved for all countries.<br />
Product characteristics are given strictly as a guide and are subject to change without notice or obligation on our part. Prices are subject to change without notice. Distribution Spot Image