SOFTWARE LICENCE
AGREEMENT
IN THE FOLLOWING, THE
EXPRESSION “THE LICENSOR” DESIGNATES THE INSTITUTE THAT HAS DEVELOPED
THE ISBA (INTERACTIONS BETWEEN SOIL-BIOSPHERE-ATMOSPHERE) AND TEB (TOWN ENERGY
BALANCE) CODES: CENTRE NATIONAL DE RECHERCHES METEOROLOGIQUES (CNRM),
METEO-FRANCE.
THIS SOFTWARE IS BEING PROVIDED TO YOU BY THE LICENSOR UNDER THE
FOLLOWING LICENCE. BY, INSTALLING AND/OR USING THE SOFTWARE YOU AGREE THAT YOU
HAVE READ, UNDERSTOOD AND WILL COMPLY WITH THESE FOLLOWING TERMS AND
CONDITIONS.
1 – This software program provided in source code
format (“the “Source Code”) and any associated documentation (the
“Documentation”) are licensed, not sold, to you.
2 – The licensor grants you a personal, non-exclusive,
non-transferable and royalty-free right to use, copy or modify the Source Code
and Documentation, provided that you agree to comply with the terms and
restrictions of this agreement. You may modify the Source Code and
Documentation to make source code derivative works, object code derivative
works and/or documentation derivative Works (called “Derivative Works”)
The Source Code, Documentation and Derivative Works
(called « Licensed Software”) may be used by you for personal and
non-commercial use only. “non-commercial use” means uses that are not or will
not result in the sale, lease or rental of the Licensed Software and/or the use
of the Licensed Software in any commercial product or service.
Except as expressly provided in this agreement, you
agree not to use, copy or modify or transfer the Licensed Software or any copy
in whole or in part. The licensor reserves all rights not expressly granted to
you. No other licences are granted or implied.
3 – The Source Code and Documentation are and will
remain the sole property of the licensor. The Source Code and Documentation are
copyrighted works.
You agree to keep the licensor aware of any improvements that you may develop to the Licensed Software and to allow him to experiment with these improvements.
You agree to treat any
modification or derivative work of the Licensed Software as if it were part of
the Licensed Software it self. In return for this license, you grant the
licensor a non-exclusive perpetual paid-up royalty-free license to make, sell,
have made, copy, distribute and make derivative works of any modification or
derivative work make of the Licensed Software.
4 – You agree not to use the licensor name or refer to
the licensor directly or indirectly in any way whatsoever without the prior
written approval of the licensor. You agree not to release the results of any
evaluation or use the Licensed Software to any third party without the prior
written approval of the licensor. You agree to quote the name of TEB and/or
ISBA together with at least one published scientific article issued by the
authors of such software in any publication, report and other document
involving results obtained using the software. You also agree to deliver to
CNRM, a copy of such documents which you have prepared using the software.
5 – The licensor has no obligation to support the
Licensed Software it is providing under this licence.
THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND THE
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
EXAMPLE, BUT NO LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES
OF MERCHANTIBILY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE
LICENSED SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS,
COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE LICENSOR WILL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY
CLAIM BY ANY THIRD PARTY, ARISING FROM YOUR USE OF THE LICENSED SOFTWARE.
6 – For information regarding a commercial licence for
the Source Code and Documentation, please contact Daniel Cariolle, Head of
Research, Météo-France, 42, Avenue G. Coriolis, 31057 Toulouse, France.
7 – This licence is effective until terminated. You
may terminate this licence at any time by destroying the Licensed Software.
This licence automatically terminates if you fail to comply with its term and conditions.
Please return one copy of this license agreement with
your signature
CNRM Director:
Date:
(Your Institute) Director:
Date: