[OSM-talk] OrbView-3 is public domain

Maurizio Napolitano napoogle at gmail.com
Tue Jan 17 16:52:01 GMT 2012


---------- Messaggio inoltrato ----------
Da: "Maurizio Napolitano" <napoogle at gmail.com>
Data: 13/gen/2012 10:52
Oggetto: Re: [OSM-talk] OrbView-3 is public domain
A: "hbogner" <hbogner at gmail.com>

On Thu, Jan 12, 2012 at 11:49, hbogner <hbogner at gmail.com> wrote:
> Here is the final reply form USGS :D


Nice!
This is a very good news.
Can you ask USGS to change the attachment on the downloaded files?
I just downloaded some OrbView files and, i found, in attachment, a zip file
with the name "unrestricted licesense.zip".
Inside there is a text file with this text
This sounds different to the public domain

-----
This is a Unrestricted license as described below.

GeoEye Data Unrestricted License

IMPORTANT  READ CAREFULLY BEFORE USING ANY OF THE GEOEYE DATA
BEING TRANSMITTED HEREWITH OR CONTAINED ON THE ENCLOSED TAPE(S)
OR CD-ROM(S).

1. Notice.  ORBIMAGE Inc. and/or ORBIMAGE SI Opco Inc., doing business
as GeoEye
("GeoEye"), hereby license the GeoEye unprocessed sensor data and
imagery, imagery services,
imagery-derived products and imagery support data transmitted herewith
or enclosed (collectively,
the GeoEye Data") to you only on the condition that you accept all of
the terms and conditions
contained in this end user license (the "License").  By using any of
the GeoEye Data transmitted
herewith or contained on the enclosed tape(s) or CD-ROM(s), you agree
to be bound by the terms
and conditions of this License.  If you do not agree to these terms
and conditions, GeoEye will not
license the GeoEye Data to you, and you should not use the GeoEye Data
transmitted herewith or
you should not open this envelope.  In such case, promptly return the
GeoEye Data transmitted
herewith or the unopened envelope and its contents to GeoEye located
at 21700 Atlantic
Boulevard, Dulles, Virginia 20166, U.S.A.

2.U.S. Government License.  Your rights to use the GeoEye Data granted
under this License
are expressly made subject to the rights granted to GeoEye by the U.S.
Government, and to the
obligations and limitations placed on GeoEye pursuant to the Land
Remote Sensing Policy Act of
1992, as amended, and the U.S. Department of Commerce regulations
promulgated thereunder,
with respect to the use and distribution of GeoEye Data sourced from
remote sensing satellites.

3. Ownership. This is an end user license agreement and NOT an
agreement for sale.  GeoEye
and its licensors continue to maintain exclusive ownership of the
GeoEye Data and copies of the
GeoEye Data provided hereunder or contained in this envelope and all
other copies that you are
authorized to make by this License and any and all intellectual
property rights in and to the GeoEye
Data. Your rights to use the GeoEye Data are specified in this
License, and GeoEye retains all
rights not expressly granted to you by this License.  Nothing in this
License constitutes a waiver of
GeoEye's rights under U.S. copyright law or any other federal or state
law pertaining to the
GeoEye Data and you shall maintain and display GeoEye's copyright
notice on the GeoEye Data
that you use.

4.Permitted Uses. You are granted a non-transferable, non-exclusive
right to use the GeoEye
Data as follows:

(a)On computer systems owned or leased by you, provided that  such use
is solely for
internal purposes and the GeoEye Data may not be accessed by third-parties;

(b)You may incorporate any GeoEye Data or representation thereof
within any data,
documents or products, provided that such data,
      documents or products are used solely for internal purposes; and

(c)You may copy the GeoEye Data to the extent necessary to exercise the
license
granted hereunder for your internal use.

All rights and uses of the GeoEye Data not expressly granted by this
License are reserved
by GeoEye.

5. Restrictions. You shall not, without prior written permission from
GeoEye:

(a)Use, copy, display, modify, create derivative works, merge or
transfer copies of the
GeoEye Data except as expressly provided in this Agreement; or

(b)Sublicense, sell, rent or lease the GeoEye Data or otherwise
transfer or assign the
GeoEye Data to any third-party; or

(c)Alter or remove any copyright notice or proprietary legend
contained in or on the
GeoEye Data and that any embodiment of the GeoEye Data permitted under this
License will contain a notice similar to the following:  "GeoEye Data
is owned by
GeoEye, Inc.  All rights are reserved by GeoEye, Inc."

6.Limited Warranty and Return Policy; Disclaimers.

      (a)For a period of thirty (30) days from the date you received
the GeoEye Data, or
acquired this envelope and its contents, GeoEye warrants that the
media upon which the GeoEye
Data resides will be free from defects in materials and workmanship
under normal use. If the media
fails to conform to this warranty, you may, as your sole and exclusive
remedy, obtain a replacement
free of charge if you return the defective media to GeoEye. GeoEye
Data may not be returned to
GeoEye except as provided herein. You may not retain any copies of any
GeoEye Data returned to
GeoEye.

      (b)EXCEPT AS SET FORTH IN THE FIRST SENTENCE OF THIS
PARAGRAPH, THE GEOEYE DATA IS LICENSED TO YOU ON AN "AS IS," "AS
AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT ANY WARRANTY
WHATSOEVER. GEOEYE DOES NOT WARRANT THAT THE GEOEYE DATA WILL
MEET CUSTOMER NEEDS OR EXPECTATIONS, THAT OPERATIONS OF THE
GEOEYE DATA WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL NON-
CONFORMITIES CAN OR WILL BE CORRECTED.  GEOEYE, ITS LICENSORS AND
THEIR RESPECTIVE AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, NOT STATED HEREIN INCLUDING
WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY,
COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS, INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
GEOEYE DATA LICENSED.

      (c)THE GEOEYE DATA DOES NOT CONSTITUTE ADVICE NOR IS IT TO
BE USED AS A SUBSTITUTE FOR SPECIFIC ADVICE FROM A COMPETENT
PROFESSIONAL.  YOU SHOULD NOT ACT (OR REFRAIN FROM ACTING) BASED
UPON THE GEOEYE DATA WITHOUT INDEPENDENTLY VERIFYING THE GEOEYE
DATA AND, AS NECESSARY, OBTAINING PROFESSIONAL ADVICE REGARDING
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