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Flumy End-User License Agreement

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FLUMY™ END-USER FREEWARE LICENSE AGREEMENT
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COPYRIGHT © MINES ParisTech / ARMINES
Version 3 - June. 6th, 2017


TERMS AND CONDITIONS

NOTICE TO USER:

PLEASE, READ THIS LICENCE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, USING OR COPYING THIS SOFTWARE:
BY DOWNLOADING, INSTALLING, USING OR COPYING ALL OR ANY PART OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OR A PART OF THE TERMS AND CONDITIONS OF THIS LICENCE, DO NOT DOWNLOAD, INSTALL, USE OR COPY THIS SOFTWARE.


1. DEFINITIONS

The following terms (starting by a capital letter) shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

"Documentation" means all written materials or files provided with the Software including but not limited to: (a) the user guide; (b) the tutorials; (c) this License Agreement.

"Licensor" means ARMINES (see AUTHORS at the end of this Agreement to contact Licensor).

"Licensee" means You, Your institution or Your Company.

"Software" means (a) all of the contents, program binary files, related Documentation, associated example data files, images and help files provided by ARMINES through the official website http://cg.ensmp.fr/flumy.

"Distribution" means one of the three running modes of the Software: (a) Free (no Registration needed for an unlimited period of time); (b) Premium (complete version with industrial features, for a limited period after Registration); (c) Research (confidential version with last developments for our Research Partners).

"Use", "Used" or "Using" means to access, install, download, copy or otherwise benefit from using the features of the Software in accordance with the Documentation.

"System" means any operating system (Windows OS, GNU/Linux or Mac OS X) or any virtual machine.

"License" means a right to Use the Software granted by the Licensor (for a given Free or Premium Distribution) under the terms and conditions defined in the present Agreement.

"Registration" means the procedure which consists in obtaining a valid Serial Number to unlock the Premium or Research Software Distribution on a System after providing to the Licensor the following information: (a) the Licensee name; (b) the Licensee institute or company (if any); (c) the context of the project (PhD, training, classes, research topics, field study...); (d) the topic of the project; (e) the name of the academic or industrial supervisor if the Licensee is a student or a trainee; (f) the activation code which is unique for a System; (g) the release version of the Software.


2. GENERAL USE

2.1. This right granted to you is a non-exclusive License to Use the downloaded Software on one System for (a) an unlimited period of time (for Free Distribution); (b) a limited period (for Premium Distribution) starting from the Registration date.

The Software under this Freeware License is provided free of charge. Even though a License fee is not paid for Using it, it does not mean that there is no condition.

2.2. The Software may be installed and Used by the Licensee for any legal purpose.

2.3. The Software can be copied and distributed according to the terms of this Agreement. Licensee is hereby licensed to make as many copies of this Software as long as Licensee does not charge money or requests fees or donations for such copies. Licensee may not alter this Software in any way, may not modify, rent or resell for profit this Software, or create derivative works based upon this Software. Licensor retains ownership of all copies of the Software.

2.4. The Licensor retains all copyrights and other proprietary rights in and to the Software.

2.5. Use of this Software within the framework of this License is free of charge and no royalty or licensing fees shall be paid by the Licensee to the Licensor. However, the Licensee must acknowledge the Software in any publication or results for which it has been Used, as follows:

-------------------------------------------
FLUMY™
Process-based channelized reservoir models
Copyright © MINES ParisTech / ARMINES
Free download from http://cg.ensmp.fr/flumy
-------------------------------------------

2.6. All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to Licensor.


3. INTELLECTUAL PROPERTY RIGHTS

3.1. This License does not transmit any intellectual rights on the Software.

3.2. Any copies that the Licensee is permitted to make pursuant to this Agreement must contain this Agreement, the same copyright and other proprietary notices that appear on or in the Software.

3.3. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee, without prior and written agreement of the Licensor, may not decompile, reverse engineer, and notably disassemble to have access to the source code of the Software.

3.4. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.


4. LIMITATION OF WARRANTY

LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SOFTWARE, AND ALL DOCUMENTATION. THE SOFTWARE AND ALL DOCUMENTATION ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY LICENSEE. LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR MONIES PAID OR PAYABLE BY THE LICENSEE.


5. NON-WAIVER AND APPLICABLE LAW

This Agreement shall be governed by the French Law. If a portion of this Agreement is deemed unenforceable by a French court of competent jurisdiction, it shall not affect the forcibility of the other portions of this Agreement.


6. AUTHORS

FLUMY team,
35, rue Saint Honoré
77300 FONTAINEBLEAU
FRANCE

EMail: flumy[at]geosciences.ensmp.fr
Website: http://cg.ensmp.fr/flumy


7. COPYRIGHT

COPYRIGHT © by MINES ParisTech / ARMINES. All rights reserved.


8. TRADEMARK

FLUMY™ is a registered trademark in the following countries: France, United States of America, United Kingdom, Netherlands, Australia and Canada