Copyright © 2018, National Research Council of Canada
This end user license agreement (the "Agreement") is a legal agreement between you (the "User") and the National Research Council of Canada ("NRC") for the NRC software product IBANA-Calc (Insulating Buildings Against Noise from Aircraft) including documentation to explain or assist the use of parts of the software product (the "Software").
By installing, copying or otherwise using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not install, copy or otherwise use the Software.
1.1 In consideration of the User’s acceptance of the terms and conditions of this Agreement, NRC grants to the User, and User accepts, a free, non-exclusive, and limited license to use the Software. This license granted hereunder is NOT assignable, sub-licensable, or otherwise transferable by the User to any other party either directly or by operation of law.
2.1 The User must not attempt to disassemble, decompile or reverse engineer the Software in order to obtain its source code or make any translation, adaptation, arrangement or any other alteration of the Software.
2.2 The User shall ensure that any copyright notice, trademark or other proprietary right notice placed by NRC on the Software remains in evidence and is reproduced on any copies of the Software, whether in whole or in part.
2.3 The User acknowledges the title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
2.4 The name of NRC, including any abbreviations, words, or images that imply an association with NRC or any of its Institutes, including its Construction Research Centre shall NOT be used in advertising or otherwise to promote the sale, use or other dealings in this Software without specific prior written authorization. The User shall take reasonable opportunities to acknowledge NRC as developer of the Software in any publications concerning the Software or its use, but not so as to imply NRC endorsement or approval.
3.1The User acknowledges and agrees that all proprietary interest, right, title, copyright, or other intellectual property right in the Software and all copies thereof remain at all times with NRC.
4.1 By downloading this Software, the User hereby understands and agrees that NRC 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 makes a Software bug fix, patch or upgrade available to the User and NRC 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.
5.1 The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of: merchantability, accuracy, completeness, fitness or usefulness for a particular purpose, that it is error-free or that any errors will be corrected, and non-infringement of third party rights. In no event shall nrc be liable for any claim, or any direct, indirect, special or consequential damages, or any damages whatsoever (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) howsoever caused and on any theory of liability, whether in an action of contract, strict liability, or tort (including negligence or otherwise) arising in any way out of or in connection with the software or the use of the software, even if nrc is advised of the possibility of such damage.
5.2 The user shall make no claims of any kind whatsoever upon or against nrc, either on its own account or on behalf of any third party, arising directly or indirectly out of its use of the software.
6.1 The User may terminate this license at any time, by destroying the Software, the Documentation and any back-up or archival copy of the Software.
6.2 This License shall terminate automatically upon any breach of any term of this Agreement by the User. Upon such termination the User shall destroy all copies of the Software in its possession and provide NRC with written certification of such destruction.
6.3 NRC may pursue all available legal remedies to enforce this Agreement. The User agrees that NRC's licensors referenced in the Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property.
6.4 The obligations of the User and NRC under Sections 3 (“Title”), 5 ("Limited warranty, remedies, and disclaimer'"), 6 ("Termination provisions") and 7 ("General provisions") hereof will survive termination of this Agreement and will continue in full force and effect thereafter.
7.1 This Agreement constitutes the entire agreement between the User and NRC concerning the Software and it supersedes any prior agreement or representation.
7.2 This Agreement shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to its rules on the conflict of laws. The parties hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario.
7.3 If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision or part thereof shall be deemed severed herefrom and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
7.4 The section headings in this Agreement are solely for convenience and will not be considered in its interpretation.
7.5 The parties hereby confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents qui s'y rattachent, y compris tout avis, soient rédigés en anglais.
7.6 For a license to use the Software under conditions other than those described above or if you have any questions concerning this license, please contact NRC through Tony Jenkins, of NRC’s Construction Research Centre, 1200 Montreal Road, Ottawa, Ontario, K1A 0R6, Canada. Email: Tony.Jenkins@nrc-cnrc.gc.ca