Thermal Dataset License Agreement

LICENSE FOR INTERNAL EVALUATION ANDTESTING PURPOSES

(hereinafter referred to as “License Agreement”)

1 Definitions

„Licensed Material“ means the satellite imagery made available by the Licensor to the Licensee under this License Agreement.

„Licensee“ means the individual or legal entity exercising permissions granted by this License.

„Licensor“ means OroraTech GmbH, St.-Martin-Str. 112, 81669 Munich, Germany.

2 Conclusion of this License Agreement

The acceptance of this License Agreement by the Licensee is a prerequisite for the granting of the rights of use in accordance with Section 3 below. Without the acceptance of these license conditions, the use of the Licensed Material or parts thereof is prohibited.

3 License / rights of use

3.1 Subject to the terms and conditions of this License Agreement and (1) under the condition the Licensee provides a consent to direct marketing via email to the Licensor and (2) the Licensee’s compliance with the provisions of this License Agreement, the Licensor hereby grants the Licensee the worldwide, perpetual, non-exclusive, non- sublicensable, non-transferable and royalty-free right, limited in terms of content for the purposes of internal non-commercial evaluation and testing purposes, to use the Licensed Material to the extent necessary for this purpose. For avoidance of doubt, no rights of use for any commercial purposes are granted under this License Agreement.

3.2 The Licensee is – within the purposes in Section 3.1 above – entitled to modify the License Agreement. However, the Licensee shall not distribute copies of the modified or unmodified Licensed Material to any third party.

3.3 No further rights of use or exploitation are granted to the Licensee. The Licensor shall retain all intellectual property rights, unless expressly licensed hereunder. The Licensee agrees to refrain from any further use or commercialization of the Licensed Material not permitted by the license granted herein.

3.4 The Licensee shall not remove, alter, obscure, or otherwise modify any copyright notices, author attributions, license references, or other proprietary markings contained in or accompanying the Licensed Material.

4 Liability

4.1 Except in cases of intentional and grossly negligent conduct, the Licensor, its legal representatives, trustees, officers and employees shall not be liable for direct or indirect, material or immaterial loss or damage of any kind arising from the License Agreement or the use of the Licensed Material; this applies, among other things, but not exclusively, to loss of goodwill, loss of production, computer failures or errors, loss of data or economic loss or damage, even if the Licensor has been notified of the possibility of such loss or damage.

4.2 Irrespective of clause 4.1, the Licensor shall only be liable within the scope of statutory product liability to the extent that the respective provisions are applicable to the Licensed Material.

6 No Trademarks

This License does not grant permission to use the trade names, trademarks, service marks or product names of the Licensor.

7 Termination for Breach / Unauthorized Use / Withdrawal of consent

7.1 The rights of use granted under Section 3 of this License Agreement are granted subject to the Licensee's continued compliance with all terms and conditions set forth herein. Any breach of the Licensee's obligations under this License Agreement, including in particular any use of the Licensed Material beyond the scope permitted under Section 3, shall cause the rights of use granted hereunder to terminate automatically and without notice, effective as of the date on which such breach first occurred. Furthermore, the rights of use granted under Section 3 of this License Agreement shall automatically end without termination in the case the Licensee withdraws its consent for direct marketing via email.

7.2 Upon termination or end of the rights of use pursuant to Section 7.1, the Licensee shall immediately cease all use of the Licensed Material, delete or destroy all copies in its possession or control, and, upon request, confirm such deletion or destruction to the Licensor in writing.

8 Applicable Law / Venue

The laws of the Federal Republic of Germany apply without reference to the conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Licensee is not a consumer in terms of applicable law, the courts of Munich are hereby agreed as exclusive venue for all disputes arising from or connected with the License.