Delft-FEWS EULA Delft-FEWS EULA

 

This is a license for Delft-FEWS, distributed by free downloading from Stichting Deltares OSS website
 
DELFT-FEWS SOFTWARE LICENSE AGREEMENT
 
Read this agreement
 
This is a legal agreement between the prospective user, either an individual or an entity, (hereafter: Licensee) and Stichting Deltares, hereafter: "Deltares". This Software "Delft-FEWS" is provided to you on the suspensive condition that you accept the following agreement. You are not allowed to copy, distribute, install or use of Delft-FEWS without an agreement with Deltares. If you do not agree to the terms of this agreement, you must promptly stop installing Delft-FEWS and/or do not download Delft-FEWS from our site. Any further actions with respect to Delft-FEWS without an agreement with Deltares are in violation of copyright law.  Downloading, installation and/or use of Delft-FEWS implies acceptance of this agreement.
 
 
Whereas
A. Deltares owns the intellectual property of the computer program developed by Deltares, including any configuration and documentation, all as described below under Description Delft-FEWS, hereinafter referred to as "Delft-FEWS";
B. Delft-FEWS has the nature to be used as part of (an) operational system(s), but can be used for research, education and other non-operational purposes as well; 
C. Licensee wishes to use Delft-FEWS in stand-alone non-operational mode;
D. Licensee wishes to acquire a non-exclusive and non-transferable license, without the right of sub-licensing, to use Delft-FEWS for non-operational purposes within Licensee's organisation; 
E. Deltares grants Licensee a Delft-FEWS license on the following conditions.
 
Agree as follows:
 
Article 1: License Delft-FEWS for Non-Operational Purposes 
Deltares grants Licensee a conditional, non-exclusive, non-transferable license, without the right to sublicense or modify, to use Delft-FEWS and any included configuration at a single location for non-operational purposes only. This Non-Operational Purposes License is provided solely under the condition that Licensee complies with the following provisions. 
 
Article 2: License fee
The Non-Operational Purposes License is provided to Licensee without a monetary charge .
 
Article 3: Property
All rights, including the intellectual property rights, to Delft-FEWS, the configuration provided  and documentation are owned by Deltares. Licensee acknowledges that this Non-Operational Purposes License does not provide Licensee with any rights or ownership to Delft-FEWS, the configuration or documentation, including any rights to the intellectual property.
 
Article 4 Use of the software
4.1 Licensee may only install and use Delft-FEWS on one computer. 
4.2 Licensee is not allowed to modify and/or adjust Delft-FEWS and/or (otherwise) carry out alterations to it and/or integrate Delft-FEWS into other software or hardware. 
4.3 Licensee is not allowed to copy Delft-FEWS or have it copied in any manner. 
4.4 Licensee may not distribute Delft-FEWS to third parties. Licensee may not rent, lease, sell , build web-services on top or otherwise commercially or non-commercially exploit Delft-FEWS.
4.5 Licensee is allowed to publish results created with Delft-FEWS in scientific journals or proceedings under the condition that Licensee mentions clearly in each such publication that the results were created with Delft-FEWS while naming Deltares.
 
Article 5: No guarantee
5.1 Deltares does not guarantee the correctness of the results of the software in any manner. Delft-FEWS is provided to Licensee ‘as is' without any support from Deltares. Use of Delft-FEWS is at the risk of Licensee.
5.2 Delft-FEWS is provided for non-operational use only, e.g. research and evaluation of the functionalities of Delft-FEWS. Use of Delft-FEWS for operational purposes is not allowed.  
5.3 Licensee agrees to indemnify, hold harmless and defend Deltares against any action brought by a third party against Deltares to the extent that such a claim is connected to the use of the software by Licensee, including use of the results of such use, and the installation of the software by Licensee.
 
Article 6: Limitation of Liability
6.1 Licensee agrees that Deltares (including its personnel and non-employees who (have) undertake(n) activities for Deltares) shall not be responsible to Licensee for any loss-of-profit, direct, indirect, incidental, special, exemplary or consequential damages however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising out of this agreement or the installation or the use of Delft-FEWS , except for damages caused by willful act/conduct or gross negligence of Deltares. 
 
Article 7: Termination
7.1 This agreement is concluded for an indefinite period. Deltares may terminate this agreement immediately by registered letter, out of court, in the event that Licensee is in breach of any of its obligations under this agreement. In case of termination Licensee shall immediately uninstall and remove Delft-FEWS from its system(s). 
 
Article 8 Applicable law and disputes
8.1 This agreement is construed in accordance with and shall be governed by the laws of The Netherlands. 
2. Disputes arising from or related to this agreement that cannot be resolved amicably shall be settled exclusively and finally by the competent court in The Hague, Netherlands. 
 
 
Stichting Deltares has its Statutory seat at Rotterdamseweg 185, 2629 HD Delft and is registrated in the commercial register of the chamber of commerce under number 41146461. You can contact us under tel 0031-88-3358273 or info@deltares.nl.
www.deltares.nl
 
Delft, June 2012
Version 1.0