SKYBRARY LICENCE AGREEMENT

Preamble

The objective of the SKYbrary website is to facilitate wide dissemination and exchange of aviation safety information to and between aviation professionals in order to raise their awareness of aviation safety related issues. SKYbrary is owned and managed by EUROCONTROL. The SKYbrary concept is based primarily on a database of aviation safety information presented in articles and other knowledge items (e.g. reports, video clips, presentations) organised according to aviation safety related topics. Article uniformity and style are defined by EUROCONTROL. The knowledge database is fed by authors, such as EUROCONTROL, partners, collaborators and those registered users of SKYbrary who have been invited or volunteered to contribute articles or other content.

Definitions

Article - An article is aviation safety related information which is presented in the form of text in SKYbrary. The article may be composed of various elements, such as text, graphic elements, tables or other.

Article Attachment – An article attachment is a document in whatever electronic format (software) which may be attached to an article in the sense that it will only be displayed if specifically accessed by the user. Unless specifically mentioned, the term ‘article’ used in this Licence Agreement includes the Article Attachments.

Author – An author is a person who creates a knowledge item and then contributes it to SKYbrary. 

Knowledge item - means variously an article, a document, a presentation, a video or audio recording, an image, a graph.

EUROCONTROL – is the European Organisation for the Safety of Air Navigation, with its seat at Brussels, Belgium. EUROCONTROL may be an author and a user of SKYbrary within the scope of this Licence Agreement.

Marked parts – are those parts of a knowledge item that visibly display the following copyright notice: © [year] [name]. Such parts may, for example, be text, images, tables or graphs. Those parts are not modifiable parts and not subject of the rights of the user under this Licence Agreement.

Modified version – The modified version is any further version of the knowledge item or its parts which are not marked parts, other than the original version. It may be created by the author of the original version or any other author under this Licence Agreement.

Original version – The original version is the first version of a knowledge item at the time the item was created by the author.

SKYbrary - SKYbrary is a an electronic platform, dedicated to the collection and dissemination of aviation safety related knowledge primarily through a database of articles and other functionalities, such as a toolkits and online tutorials. EUROCONTROL is responsible for all technical aspects, content management and layout of SKYbrary.

User – Any person or legal entity accessing SKYbrary on the internet and thereby having the possibility to view or make other use of the knowledge items contained in SKYbrary. Users may register in order to become authors or provide feedback.

Purpose and Scope

1. The purpose of this Licence Agreement is to define the rights and obligations of the authors and users of SKYbrary concerning the intellectual property rights (exploitation rights, usage rights) related to articles, parts of the articles, article attachments contributed to SKYbrary by the authors.
2. Any knowledge items which are accessible through internet links contained in SKYbrary (other than articles and article attachments, see definition above) are outside the scope of this licence agreement.

Conclusion of the Licence Agreement

1. By submitting a knowledge item to the SKYbrary team or by the technical means foreseen on the SKYbrary website the author offers to any potential user of SKYbrary to make use of the knowledge item subject to this Licence Agreement.
2. This Licence Agreement is concluded between the author and a user of SKYbrary at the moment the user accesses a knowledge item contained in SKYbrary, irrespective of receipt of the declaration of its acceptance by the author.

Scope of the Licence

1. The rights granted to the user under this Article 5 shall be non-exclusive, unlimited in time and free of charge.
2. The user shall have the rights to copy, print, download, publish, distribute or otherwise provide or make accessible an article, to the public for his own purposes and free of charge. Any copy of the article or its parts shall display the following reference to SKYbrary and – if displayed in the original version – to its author: “Source: www.skybrary.aero, As regards marked parts of the article, the user shall only have the right to download and print them for his own purposes.
3. The user may not grant sub-licences to third parties other than set out in section Purpose and Scope above.
4. The User shall have the right to modify the modifiable parts of the article (i.e. those which are not marked parts) on the conditions that the modified version displays the following reference to SKYbrary, the original version and – if displayed in the original version – to its author: “based on the article [title of article], [author name], source: www.skybrary.aero”.
5. With regard to the modified version, the user shall have the rights set out under Purpose and Scope (2) above.
6. The rights of the user set out in section Purpose and Scope shall not limit or modify the rights of the author with regard to the same article under this Licence Agreement.
7. The provisions in section Purpose and Scope shall not apply to Article Attachments. Any intellectual property rights attached to Article Attachments prior to their submission to SKYbrary together with an article shall remain unaffected.

Liability

1. The author warrants that they hold all necessary intellectual property rights to the knowledge item, its parts, the original or modified version, allowing them to submit that knowledge item to SKYbrary subject to this Licence Agreement.
2. The author warrants that by submitting a knowledge item to SKYbrary he does not infringe any Third Parties’ intellectual property rights.
3. The author shall hold harmless the user from any claims for damages made by Third Parties for the infringement of their intellectual property rights caused by the author in breach of his obligation under Conclusion of the Licence Agreement (1) above.
4. Notwithstanding Conclusion of the Licence Agreement (1) and (2) above, the liability of the user and author under this Licence Agreement shall be limited to gross negligence and wilful misconduct.

Termination

1. In case of breach of the terms of this Licence Agreement by the user, the rights of that user set out in section Purpose and Scope above shall expire with immediate effect.
2. The author may terminate this Licence Agreement any time by giving notice to EUROCONTROL by the SKYbrary e-mailing function. Upon receipt of the notice, EUROCONTROL shall withdraw the knowledge item from SKYbrary without undue delay.
3. In case of termination as set out in paragraph 2 above, any exploitation of the knowledge item carried out until the time of withdrawal of the knowledge item from SKYbrary shall be within the scope of this Licence Agreement.
4. Neither the author nor the user shall be entitled to claim damages arising out of or after the termination of this Licence Agreement.

Amendment of the Licence Agreement

1. EUROCONTROL may from time to time amend this Licence Agreement.
2. The new version shall be made available on SKYbrary and shall become effective from that date and be applicable to knowledge items subsequently submitted to SKYbrary.

Applicable Law and Jurisdiction

This Agreement shall be subject to Belgian Law. The competent courts shall be the courts of Brussels.

CODE OF CONDUCT FOR USERS OF THE SKYBRARY FEEDBACK FUNCTION

1. Only registered users of the SKYbrary website may submit feedback contributions to the SKYbrary knowledge items.
2. The contribution should be linked to a particular knowledge item.
3. The Feedback function is dedicated to discussions between SKYbrary users and content management team. Therefore, the user should not attach files to his contribution which consume a large amount of data (e.g. pictures). Links to other websites are usually sufficient. Attached files may be removed without notice if they are considered to be too large.
4. The following is strictly prohibited:
   1. use of the SKYbrary Feedback function for commercial purposes;
   2. defamatory, offensive or otherwise unacceptable content;
   3. content, the dissemination of which is a criminal offence.
5. Any intellectual property rights in the contribution as a whole remain with the user, who, by submitting his contribution grants an unlimited, free-of-charge, exclusive licence to EUROCONTROL to use the contribution as a whole or parts of it for the purposes of SKYbrary, including for editing of existing SKYbrary knowledge items or the creation of new ones.
6. EUROCONTROL reserves the right to remove any contribution in whole or in part from the SKYbrary Feedback database and to block the user’s IP address and username without prior notice at its discretion, in particular in cases of prohibited conduct of the user as set out in paragraph 4 above.