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This End-User License Agreement ("Agreement") governs the use of the LAPMOD modeling system distributed by Enviroware srl, Via Dante Alighieri 142, 20863 Concorezzo (MB), Italy ("Enviroware").
The LAPMOD modeling system ("Software") consists of the following components:
together with the associated source code, executable files, configuration files, examples, scripts, technical documentation and user manuals distributed by Enviroware as part of the LAPMOD software package ("Software Package").
Unless expressly stated otherwise, all components of the Software Package developed by Enviroware are owned by Enviroware srl and are protected by applicable copyright and intellectual property laws.
The Software is proprietary software made available in source-code form. Its availability at no cost does not make it open-source software and does not imply any waiver of Enviroware's intellectual property rights.
Subject to compliance with this Agreement, Enviroware grants the User a limited, non-exclusive, non-transferable and non-sublicensable license to:
The license does not transfer ownership of the Software or of any intellectual property rights to the User.
For an organization, "User" means the legal entity to which the Software Package has been supplied. Employees and contractors of that organization may use the Software only on behalf of that organization, for the purposes permitted by this Agreement, and subject to equivalent confidentiality and use restrictions.
The User may use the Software to perform environmental modeling studies, scientific analyses, research activities and professional or consultancy services, including services supplied to third parties for compensation.
Such permission applies to the results produced using the Software and does not authorize the sale, licensing, redistribution or commercial exploitation of the Software itself, its source code, or modified versions of it.
Except where expressly permitted by this Agreement or by mandatory applicable law, the User may not:
Nothing in this Agreement is intended to restrict any act that cannot lawfully be restricted by contract under applicable mandatory law.
The User may create only those copies of the Software that are reasonably necessary for installation, execution, internal use, development of permitted modifications and backup purposes.
All such copies remain subject to this Agreement and must retain all copyright, authorship and proprietary notices contained in the original Software Package.
The User is permitted to modify the source code for its own permitted use.
Any modified version must be clearly identified as such and must not be represented as an official version of LAPMOD released by Enviroware.
Where results obtained using a modified version are published or supplied to third parties, the User shall clearly disclose that the Software was modified and shall provide an appropriate description of modifications that may materially affect the results.
The User shall make source-code modifications available to Enviroware, together with reasonably sufficient documentation describing the changes.
By providing such modifications to Enviroware, the User grants Enviroware a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, integrate, distribute and otherwise exploit those modifications, including their incorporation into future versions of LAPMOD, without any obligation of compensation.
The User represents that it has the rights necessary to grant Enviroware the above license.
The decision whether to incorporate any User modification into an official LAPMOD release remains solely with Enviroware.
Where appropriate, Enviroware will acknowledge substantial User contributions incorporated into the official source code.
Reports, scientific papers, presentations, technical documents and other publications describing applications of the Software shall appropriately identify LAPMOD and cite the applicable LAPMOD User's Guide and/or scientific references indicated by Enviroware.
Publications or reports based on modified versions of the Software shall additionally:
Use of the Software does not imply endorsement by Enviroware of the User's work, conclusions or results.
Copyright in the User's Guides, technical documentation and other materials supplied with the Software remains with Enviroware or the respective rights holder.
The User may make copies of the documentation reasonably necessary for the permitted internal use of the Software.
Except for brief quotations made for legitimate citation or as otherwise permitted by applicable law, substantial reproduction, publication or redistribution of the documentation requires Enviroware's prior written permission.
The Software is supplied "AS IS" and without charge.
Computer software, numerical models and scientific algorithms may contain programming errors, numerical limitations, approximations or other defects.
To the maximum extent permitted by applicable law, Enviroware makes no express or implied warranty concerning the Software, including, without limitation, warranties relating to accuracy, completeness, reliability, merchantability, fitness for a particular purpose or suitability for any specific regulatory, scientific, engineering, safety or commercial application.
The User is solely responsible for determining whether the Software and its configuration are appropriate for the intended application and for independently evaluating and interpreting the results produced by the Software.
No technical assistance, maintenance, updates or support are included with this license unless separately agreed in writing with Enviroware.
To the maximum extent permitted by applicable law, Enviroware shall not be liable for indirect, incidental, consequential or special damages, loss of profits, loss of business, loss of data, interruption of activities or damages resulting from decisions made on the basis of results generated using the Software.
The User assumes responsibility for the use of the Software and for any modeling assumptions, input data, configurations, interpretation of results and decisions based upon such results.
Nothing in this Agreement excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability that cannot be excluded in cases of wilful misconduct or gross negligence.
Except for the limited rights expressly granted under this Agreement, all right, title and interest in and to the Software, including its source code, algorithms, documentation and official modifications, remain with Enviroware and/or the respective rights holders.
No rights are granted by implication, estoppel or otherwise.
The names LAPMOD, LAPMET, LAPEMI, LAPOST and LAPCON may not be used in a manner suggesting that an unofficial or modified product is an official Enviroware product.
The Software Package may contain or interact with libraries, tools, datasets or other materials owned by third parties.
Such components remain subject to their respective licenses and copyright notices. Nothing in this Agreement is intended to modify or supersede the applicable third-party license terms.
The rights granted under this Agreement terminate if the User materially breaches its terms and fails to remedy the breach, where capable of remedy, after receiving notice from Enviroware.
Following termination, the User shall cease using any copies or modified versions of the Software and shall delete or destroy copies in its possession or control, except where retention is required by applicable law.
Termination does not affect provisions which by their nature are intended to survive termination, including provisions concerning intellectual property, modifications, publications, warranty disclaimers and liability.
This Agreement shall be governed by and construed in accordance with the laws of Italy, without prejudice to any mandatory provisions of applicable law.
To the extent legally permissible, any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Monza, Italy.
This Agreement constitutes the license governing the Software Package unless different terms have been expressly agreed in writing between the User and Enviroware.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the affected provision shall be interpreted or replaced to the minimum extent necessary to make it enforceable while preserving its intended purpose as closely as possible.
The Software Package is supplied subject to this Agreement.
By expressly accepting this Agreement before obtaining the Software, or by downloading, extracting, compiling, installing or using the Software after having been given the opportunity to review this Agreement, the User acknowledges that it has read and agrees to its terms.
Where specific separate approval of individual provisions is required under applicable law, such provisions shall be separately presented for approval to the User.
Copyright © Enviroware srl. All rights reserved.
Please send me the links to download the LAPMOD modeling system (Fortran source codes, manuals, test cases).