1. General Terms and Conditions.
A. These Terms & Conditions of Use (these "Terms") constitute a legal agreement between you ("You") and Stichting Deltares, having its registered office in Delft, 2629 HD, The Netherlands and its principal place of business at Rotterdamseweg 185, Delft, The Netherlands, registered with the Chamber of Commerce and Industry of The Netherlands under number 41146461 (hereinafter called: "DELTARES").
C. DELTARES and its affiliates ("We", "Us", "DELTARES" or the "Company") reserve the right to modify these Terms at any time and without notice, and it is Your responsibility to review these Terms for any changes. An updated copy of these Terms can be found at [http://oss.deltares.nl/web/delft3d/terms-of-use]
D. Without prejudice to any other rights, We may terminate these Terms, with or without cause. Any such termination may involve canceling or renaming Your account(s), and/or blocking You from access to the Site.
E. DELTARES reserves all rights not expressly granted to You in these Terms. This Site is protected by copyright and other intellectual property laws and treaties.
2. Use of the Site.
A. This Site enables You to create and share content (including, but not limited to, blogs, postings and feeds) (the "Content"). You consent to the Company's use of the Content, and You represent that You own all the rights to, or have secured the necessary authorizations for the use of, the Content.
B. We reserve the right to modify the content of, or restrict access to, this Site at any time, with or without notice.
C. You may not reverse engineer, decompile or disassemble the Site.
A. Not to post, share or otherwise transmit any content that is unlawful, obscene, harmful, threatening, or defamatory, or that contains objects or symbols of hate, invades the privacy of any person, or is otherwise objectionable;
B. To respect the privacy of others, and not to post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or spam;
C. Not to harass any other user of the Site, or to impersonate any other person by any means;
D. Not to engage in any conduct that would interrupt, destroy, limit, or harm either the Company or any other person, including by use of virus, malicious code, program or file; and
E. Not to reproduce, copy, sell or commercially use, in whole or in part, any service provided by the Site.
4. Disclaimer of Warranty and Liability.
A. All content on the Site is provided "as is" and without warranty of any kind. You agree that your use of the Site is at your sole risk.
B. To the fullest extend permitted by law, DELTARES disclaims all warranties, both express and implied, in connection with the Site and the use thereof. We make no warranties or representations concerning the accuracy of the Site's content, or the content of any related site.
C. DELTARES assumes no liability or responsibility for: (a) any interruptions of service to or from the Site, (b) viruses, trojan horses, or related agents that may be transmitted through the use of the Site, or (c) for any loss or damage of any kind incurred as a result of the use of the Site or any content contained therein.
5. Exclusion of Damages.
To the maximum extent permitted by applicable law, in no event will DELTARES be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of Your use of the Site, or otherwise under or in connection with these Terms.
6. Limitation on Causes of Action.
You and the Company agree that any cause of action arising out of or related to this Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action will be permanently barred.
7. Information Collection and Use.
A. Registration Forms
(i) The Site contains registration forms and other means that require that You submit for personal information, including account names. Providing personal information through these registration forms is completely voluntary on Your part, and by providing such information, You express Your consent that we use Your personal information. Furthermore, You represent and warrant that all information provided by You is complete and accurate.
(ii) The information You provide will not intentionally be shared with anyone other than members of our company and its affiliated divisions and entities.
C. Log Files. Like most sites, We use log files. Log files collect and include information such as internet protocol addresses, internet service providers, browser types, platform types, date/time stamps and the site that referred You to us, if any. We use this information to analyse trends and administer this Site.
8. Additional Rights.
DELTARES reserves the right to combine the information we collect on this Site with information collected from other sources, including the right to make derivative works from Content, and to publish those works. We also reserve the right to release Your personal information as required by applicable law, court order, or administrative body. Additionally, we reserve the right to release Your personal information, to the extent allowed by law, in order to protect the Company's rights, safety or property.
9. Links to Other Sites.
The Site may provide links to other sites. We have no control over, and assume no responsibility for, the practices of any third-party sites, and we are not responsible for any damage or loss caused in connection with the use of any other sites or their content. Additionally, we are not responsible for the information gathering and dissemination practices of any other sites, and these Terms does not apply to any other sites.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by DELTARES without restriction.
You agree to indemnify and hold DELTARES, its affiliates and our customers harmless from any and all damages and costs, including reasonable attorneys' fees, arising out of or related to Your breach of these Terms. You agree to execute and deliver documents to us, upon our request, that evidence or effectuate our rights under these Terms. This indemnity will survive these Terms and Your use of the Site.
12. Governing Law, Venue and Jurisdiction.
A. You agree that this Site is based solely in The Netherlands, that the Site does not give rise to personal jurisdiction over DELTARES, either specific or general, in jurisdictions other than the laws of The Netherlands.
B. The laws of The Netherlands will govern any claims relating to this Site or the content therein, without regard to conflict of laws provisions. By using this Site You consent to the exclusive jurisdiction of courts based in The Netherlands, for any litigation relating to this Site or the content therein.
13. Entire Agreement; Severability.
These Terms supersedes and replaces any prior agreements or understandings and sets forth the entire understanding between You and Us with respect to the subject matter herein, and supersedes all oral and written communications, proposals and representations with respect to the Site. If any provision of these Terms is held invalid, void, unenforceable or illegal, the remaining provisions of these Terms will continue in full force and effect.
14. Contact Information - Updating and Removing Personal Information.
If You have questions about these Terms, if Your personal information changes, or if You would like to have all of Your personal information removed from our systems, please contact Us at: firstname.lastname@example.org.
15. License conditions regarding the use of Delft3D.
When downloading and using the source code Delft3D, You accept the following license agreement: GNU General Public License version 3, which can be reviewed at http://www.gnu.org/licenses/gpl-3.0.html.