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IMPORTANT READ CAREFULLY:
This end user license agreement is a legal agreement between you, in your capacity as an individual and/or as an agent for your company, institution or other entity (called herein the "User") and the NATIONAL RESEARCH COUNCIL OF CANADA and the FRAUNHOFER INSTITUTE FOR SOLAR ENERGY SYSTEMS (collectively called herein "NRC/ISE").
The User desires to use the computer software, in source code form, developed by NRC/ISE and identified as DAYSIM (called herein the "Software", a term which includes both original and modified versions of computer programs and computer data, and also includes printed matter intended to explain or assist the use of parts of the Software). Downloading, installing, using or copying the software by the User or a third party indicates that the User agrees to be bound by the terms and conditions that follow:
1. TITLE AND GRANT
NRC/ISE grant to the User, and the User accepts, a non-transferable, non-exclusive licence to install and use the version of the computer software program noted above, without any licence fee, only in the manner described under the heading "USAGE". All proprietary interest, right, title, and copyright in the Software which are not explicitly granted to you herein remain with NRC/ISE.
2. USAGE
- 2.1 The User may install and use the Software.
- 2.2 The User may copy the Software for backup or archival purposes provided that the user reproduces all copyright notices and other proprietary notices on any copies of the Software.
- 2.3 The User may create computer programs which incorporate or modify the Software. These programs may be made available to other persons under the following conditions:
(a) the new software shall include a statement giving appropriate credit to NRC/ISE for the development of DAYSIM
(b) NRC/ISE will both receive one free copy of the new software that will allow NRC/ISE to verify that requirement (a) has been fully satisfied. Failure to provide NRC/ISE with a new software later than 10 working days before its original release will terminate this User Licence Agreement. - 2.4 Materials generated through the use of the Software and/or data collected from using the Software (e.g. publications, web pages, presentation) shall include a statement giving appropriate credit to NRC/ISE.
3. NO MAINTENANCE SUPPORT
NRC/ISE shall be under no obligation whatsoever to provide maintenance or support for the Software; or to notify the User of bug fixes, patches, or upgrades to the Software (if any). If, in its sole discretion, NRC/ISE makes a Software bug fix, patch or upgrade available to the User and NRC/ISE does not separately enter into a written license agreement with the User relating to such bug fix, patch or upgrade, then it shall be deemed incorporated into the Software and subject to this Agreement.
Warranty Disclaimer
THE SOFTWARE IS SUPPLIED "AS IS". NRC/ISE DISCLAIM ANY WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, OF ANY KIND OR NATURE WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NRC/ISE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM THE USE OF THE SOFTWARE. NRC/ISE DO:
- (1) NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE,
- (2) NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE YOU ARE INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.
