A holistic microclimate model

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files:license [2018/07/27 10:47] – [1. LICENSE] enviadminfiles:license [2021/07/26 20:52] (current) – enviadmin
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 ENVI-met BASIC and ENVI-met SCIENCE are licensed under the **Creative Commons License BY-NC-SA** 3.0. \\  See more here:  [[http://creativecommons.org/licenses/by-nc-sa/3.0/deed|CC License by-nc-sa]]\\ ENVI-met BASIC and ENVI-met SCIENCE are licensed under the **Creative Commons License BY-NC-SA** 3.0. \\  See more here:  [[http://creativecommons.org/licenses/by-nc-sa/3.0/deed|CC License by-nc-sa]]\\
-ENVI-MET PRO is licensed under the following license conditions but NOT under BY-NC-SA.+ENVI-MET BUSINESS is licensed under the following license conditions but NOT under BY-NC-SA.
  
 As this license may not cover all apects of software licensing, the following paragraphs clearify the licensing aspects of ENVI-met. As this license may not cover all apects of software licensing, the following paragraphs clearify the licensing aspects of ENVI-met.
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-By receiving, opening the file package, and/or using ENVI-met V4 ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.+By receiving, opening the file package, and/or using ENVI-met ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
  
-The term "ENVI-met 4" includes all software components and data of the ENVI-met Simulation System+The term "ENVI-met" includes all software components and data of the ENVI-met Simulation System
  
-Unless you have a different license agreement signed by ENVI-MET GmbH, Essen, Germany or of the Environmental Modelling Group, University of Mainz your use of ENVI-met V4 indicates your acceptance of this license agreement and warranty.+Unless you have a different license agreement signed by ENVI-MET GmbH, Essen, Germany or of the Environmental Modelling Group, University of Mainz your use of ENVI-met indicates your acceptance of this license agreement and warranty.
  
-Subject to the terms of this Agreement, ENVI-MET grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ENVI-met V4 in accordance with this Agreement and any other written agreement with Michael Bruse. ENVI-MET does not transfer the title of ENVI-met V4 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ENVI-MET and the purchasers or users of ENVI-met.+Subject to the terms of this Agreement, ENVI-MET grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ENVI-met in accordance with this Agreement and any other written agreement with Michael Bruse. ENVI-MET does not transfer the title of ENVI-met to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ENVI-MET and the purchasers or users of ENVI-met.
  
-If you do not agree to be bound by this agreement, remove ENVI-met V4 from your computer now and, if applicable, promptly return to ENVI-MET  by mail any copies of ENVI-met V4 and related documentation and packaging in your possession.+If you do not agree to be bound by this agreement, remove ENVI-met from your computer now and, if applicable, promptly return to ENVI-MET  by mail any copies of ENVI-met and related documentation and packaging in your possession.
  
  
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 ===== 2. DISTRIBUTION AND SYSTEM INTEGRATION ===== ===== 2. DISTRIBUTION AND SYSTEM INTEGRATION =====
  
-ENVI-met V4 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ENVI-met V4 contact ENVI-MET.+ENVI-met and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ENVI-met contact ENVI-MET.
  
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 ==== 3.1 Use ==== ==== 3.1 Use ====
  
-If applies, your license to use ENVI-met V4 is limited to the number of licenses purchased by you.  +If applies, your license to use ENVI-met is limited to the number of licenses purchased by you.  
-You shall not allow others to use, copy or evaluate copies of ENVI-met V4.+You shall not allow others to use, copy or evaluate copies of ENVI-met.
  
 ==== 3.2 Use Restrictions ==== ==== 3.2 Use Restrictions ====
  
-You shall use ENVI-met V4 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ENVI-met V4 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.+You shall use ENVI-met in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ENVI-met together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
  
-ENVI-met BASIC is not licensed for any kid of commercial projects. Commercial use is allowed only with the PRO Version of ENVI-met.+ENVI-met BASIC is not licensed for any kid of commercial projects. Commercial use is allowed only with the BUSINESS Version of ENVI-met.
  
-Each licensed copy of ENVI-met V4 may be used on one single computer location by one user. Use of ENVI-met V4 means that you have loaded, installed, or run ENVI-met V4 on a computer or similar device. If you install ENVI-met V4 onto a multi-user platform, server or network, each and every individual user of ENVI-met V4 must be licensed separately.+Each licensed copy of ENVI-met may be used on one single computer location by one user. Use of ENVI-met means that you have loaded, installed, or run ENVI-met on a computer or similar device. If you install ENVI-met onto a multi-user platform, server or network, each and every individual user of ENVI-met must be licensed separately.
  
-You may make one copy of ENVI-met V4 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ENVI-met V4 . The assignment, sublicense, networking, sale, or distribution of copies of ENVI-met V4 are strictly forbidden without the prior written consent of ENVI-MET. +You may make one copy of ENVI-met for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ENVI-met. The assignment, sublicense, networking, sale, or distribution of copies of ENVI-met are strictly forbidden without the prior written consent of ENVI-MET. 
  
-It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ENVI-met V4. If any person other than yourself uses ENVI-met V4 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!+It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ENVI-met. If any person other than yourself uses ENVI-met registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
  
 ==== 3.3 Copyright Restriction ==== ==== 3.3 Copyright Restriction ====
  
-This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ENVI-met V4. Nor can you create any derivative works or other works that are based upon or derived from ENVI-met V4 in whole or in part.+This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ENVI-met. Nor can you create any derivative works or other works that are based upon or derived from ENVI-met in whole or in part.
  
-ENVI-met's name, logo and graphics file that represents ENVI-met V4 shall not be used in any way to promote products developed with ENVI-met V4 . ENVI-MET retains sole and exclusive ownership of all right, title and interest in and to ENVI-met V4 and all Intellectual Property rights relating thereto.+ENVI-met's name, logo and graphics file that represents ENVI-met shall not be used in any way to promote products developed with ENVI-met. ENVI-MET retains sole and exclusive ownership of all right, title and interest in and to ENVI-met and all Intellectual Property rights relating thereto.
  
-Copyright law and international copyright treaty provisions protect all parts of ENVI-met V4, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Michael Bruse.+Copyright law and international copyright treaty provisions protect all parts of ENVI-met, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Michael Bruse.
  
 ==== 3.4 Limitation of Responsibility ==== ==== 3.4 Limitation of Responsibility ====
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 You will indemnify, hold harmless, and defend ENVI-MET , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Michael Bruse's Software. You will indemnify, hold harmless, and defend ENVI-MET , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Michael Bruse's Software.
  
-In no event (including, without limitation, in the event of negligence) will ENVI-MET, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ENVI-met V4 or the use or inability to use ENVI-met V4 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.+In no event (including, without limitation, in the event of negligence) will ENVI-MET, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ENVI-met or the use or inability to use ENVI-met or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
  
 ENVI-MET's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ENVI-MET) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ENVI-MET. ENVI-MET's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ENVI-MET) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ENVI-MET.
  
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-IN PARTICULAR, you understand and agree that ENVI-met V4 is a highly complex scientific product.+IN PARTICULAR, you understand and agree that ENVI-met is a highly complex scientific product.
 Although programmed with maximal care, it may contain errors or inappropriate or false assumptions or assumption that turn out to be false with further scientific progress. ENVI-MET ONLY HAS UNLIMITED LIABILITY FOR WILLFUL ACTS AND GROSS NEGLIGENCELICENS. Although programmed with maximal care, it may contain errors or inappropriate or false assumptions or assumption that turn out to be false with further scientific progress. ENVI-MET ONLY HAS UNLIMITED LIABILITY FOR WILLFUL ACTS AND GROSS NEGLIGENCELICENS.
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 ==== 3.7 Termination ==== ==== 3.7 Termination ====
  
-Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ENVI-met V4 and destroy all copies of ENVI-met V4 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.+Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ENVI-met and destroy all copies of ENVI-met supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
  
 ===== 4. DISCLAIMER OF WARRANTY ===== ===== 4. DISCLAIMER OF WARRANTY =====
  
-THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ENVI-met V4 AS WELL.+THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ENVI-met AS WELL.
  
 ===== 5. CONSENT OF USE OF DATA ===== ===== 5. CONSENT OF USE OF DATA =====
  
-You agree that ENVI-MET may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ENVI-met V4. ENVI-MET may also use this information to provide notices to you which may be of use or interest to you.+You agree that ENVI-MET may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ENVI-met. ENVI-MET may also use this information to provide notices to you which may be of use or interest to you.