PLEASE READ THIS LICENCE AGREEMENT AND ANY SUPPLEMENTS CAREFULLY. BY CLICKING ON THE ACCEPT BUTTON, OPENING THE PACKAGE, DOWNLOADING THE SOFTWARE, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE UNIVERSITY OF SHEFFIELD (UoS) IS WILLING TO LICENSE THE SOFTWARE INCLUDING THE SOURCE CODE AND ANY ACCOMPANYING DOCUMENTATION INCLUDING AUTHORISED COPIES OF EACH (THE SOFTWARE) TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS AGREEMENT, UoS GRANTS NO LICENCE TO THE SOFTWARE, AND YOU SHOULD, AS APPLICABLE, (a) CLICK ON THE REJECT BUTTON TO EXIT THE INSTALLATION PROCESS OR (b) NOT DOWNLOAD THE SOFTWARE.
This is a binding legal agreement between you and the University of Sheffield (address) (UoS).
In these terms "Licensed Version" means the version of the Software identified at the start of these terms and all amended releases by UoS.
1. LICENCE GRANT UoS grants to you a non-exclusive and non-transferable licence to use and copy (for the purposes detailed in this Licence and for downloading, installing and archiving only) the Software. You must reproduce, on any copy, all proprietary notices that are on the original copy of the Software. You agree to be bound by all terms and conditions of this Licence. You will not: use, alter, copy, modify or transfer the Software, or any copy of the Software, except as UoS expressly permits in this Licence; rent, lease, sub-licence, loan, sell or otherwise distribute for profit all or any part of the Software or outputs derived from this software or any modified version of it. UoS reserves all rights not expressly granted to the Licensee. You acknowledge that any rights granted to you constitute a licence and not a transfer of title. You do not obtain any ownership right, title, or other interest in the Software by downloading, copying or otherwise using it.
2. OWNERSHIP AND CONFIDENTIALITY UoS maintains ownership of all copyright interests in the Software, as well You acknowledge UoS ownership of all copyright interests. You agree not to remove copyright notices from the Software. You will take adequate steps to protect the Software from unauthorised use.
3. TERM AND TERMINATION The Licence is effective until terminated or until all intellectual property rights in the Software expire. You may terminate this Licence at any time by destroying all copies of the Software. This Licence immediately terminates without notice if You fail to comply with any obligation of this Licence. Upon termination, You must immediately cease use of and destroy all copies of the Software.
4. NO WARRANTY THE SOFTWARE IS PROVIDED TO YOU AS IS. UoS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENCE. NO USE OF ANY SOFTWARE IS AUTHORISED HEREUNDER EXCEPT UNDER THIS DISCLAIMER The Software has inherent limitations including design faults and programming bugs. The entire risk as to the quality and performance of the Software, and of any Custom Version is borne by you, and it is your responsibility to ensure that it fulfils your requirements prior to using it in any manner.
5. LIMITATION OF LIABILITY You are responsible for complying with any applicable local laws and regulations, including but not limited to, the export and import laws and regulations of other countries TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW UoSs AGGREGATE LIABILITY TO YOU FOR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IF ANY FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF THE CLAIMS. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS IN ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. When you use or modify the Licensed Version You acknowledge and accept that you do so at your sole risk. You agree that under no circumstances will you have any claim against UoS for any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by you or by any third party from any cause whatsoever, howsoever arising, in connection with your use, modification or distribution of the Software even where UoS was aware, or ought to have been aware, of the potential of such loss.
6. GOVERNING LAW AND JURISDICTION This Licence shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.
7. ASSIGNMENT You may not assign or otherwise transfer any of your rights or obligations under this Licence, without the prior written consent of UoS.
8. SEVERABILITY If a court of law finds any provision of this Licence to be invalid under any applicable statute or rule of law then, that provision notwithstanding, this Licence will remain in full force and effect and the parties will deem such provision to be omitted, unless such an omission would frustrate the intent of the parties with respect to any material aspect of the relationship established hereby, in which case this Licence will terminate.
9. OFFICIAL LANGUAGE The official text of this Licence is in the English language. If this Licence or any documents or notices related to it are translated into any other language, the English-language version controls.
10. ENTIRE AGREEMENT This Licence is the entire agreement relating to the Software. It supersedes all prior or contemporaneous oral or written communications, proposals, warranties and representations with respect to the Software. No modification to this Licence is binding unless issued by UoS as a modification.
11. PERMITTED MODIFICATION AND USE The source code of the Software is provided to (a) promote experimentation and development of new features to the core code which might eventually be incorporated into the official version; and b) provide insight into the inner workings of the program for educational purposes. Except as expressly set out in this agreement, or permitted by another agreement between you and UoS, any use or modification of the source code is expressly prohibited. GOOD Subject to this Section 11.3 and the balance of this Section 11, You are granted the privilege to modify the behaviour of the Licensed Version for your own personal use if such modification fulfils one or more purposes set out in Section
11.1. Each output of such a modification or compilation is called a "Modified Version" in these terms and conditions. Modifications must be implemented either (a) as discrete source code patch files that are compiled alongside the source code of the Licensed Version to create the Modified Version of the Software, or (b) as compiled software components or objects that can be installed alongside the Licensed Version to deliver the functionality of the Modified Version. Nothing in these terms and conditions gives You any rights or permissions to use, reproduce or modify any part of the source code for any version of the Software other than in a Modified Version of the Software. In particular all Modified Versions that you create must, in substance, be discrete software programmes that implement modifications of the Licensed Version. You may use any Modified Version that you alone have created only under the terms herein granted for the Licensed Version from which the Modified Version was created. Nothing in these terms permits any other person to use any Modified Version.
12. MODIFIED VERSIONS Strict conditions and restrictions are imposed if you wish to distribute a Modified Version of the Software, its documentation or other parts of the package, including any translation of the documentation into other languages or file formats. You may only distribute the source code patch files or compiled software components or objects described in section 11.3 above. You must accompany each object code version of the Modified Version which is distributed with the full source code for that Modified Version and full documentation describing all modifications that you have made to the Licensed Version, or you must make available for download over the internet to each person who receives an object code version of the Modified Version the full source code for the Modified Version and full documentation describing all modifications that You have made to the Licensed Version. You must make each person who receives the Modified Version aware that the source code and documentation for the Licensed Version is available for download, and the location from which it can be downloaded. A Modified Version must have all of the functions of the Licensed Version with all existing features, copyright notices, author attributions, all Licences, etc., intact. You must require users of any Modified Version to observe the same restrictions in respect of the Modified Version that this Licence requires of users of the Licensed Version, including without limitation Section 11.1 of this Licence. You must clearly state that a Modified Version is a Modified Version and not a Licensed Version. You must clearly state that the Modified Version is an unofficial version. You must identify the creator of the Modified Version. You must ensure that each user of the Modified Version is aware that it is an unofficial build of the Software which is not supported by UoS and that UoS is not in any way responsible for it. You acknowledge that UoS has ownership of the Modified Version in the context of Section 2.1 of this Licence. You must send a copy of the Modified Version to UoS. GOOD You accept that UoS may use this Modified Version as it wishes, whether commercially or otherwise.
13. CONTRIBUTING BUG FIXES AND ENHANCEMENTS Whilst UoS encourages submissions and patches, it is not obliged to accept enhancements and bug fixes that you submit to it. However, if it does so, it will do so without payment or other consideration to you unless agreed otherwise in writing. UoS may require you to complete and send documentation to UoS prior to accepting a bug fix and, in particular, will require a copyright assignment of each contribution.
14. MISCELLANEOUS UoS may modify this agreement at any time by making a revised Licence available from (www.flamegpu.com). This agreement is modified by replacing the terms in this agreement with those of the revised Licence from the time that the revised Licence is so made available. It is your responsibility to ensure that You have read and agreed to the current version of this agreement prior to making any modification to the Licensed Version. A waiver of a right under this agreement is not effective unless given in writing signed by the party granting that waiver. Unless otherwise stipulated in the waiver, a waiver is only effective in respect of the circumstances in which it is given and is not a waiver in respect of any other rights or a waiver in respect of future rights or actions References in this agreement to "written" and "writing" mean on paper or by fax and expressly exclude email and other forms of electronic communication.