dynamiCROP :: plant uptake model for dynamic assessment of human exposure from pesticide residues in food crops
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License Agreement - Summary
The
dynamiCROP
model and any material associated therewith shall at all times be deemed the achievement and absolute property of the
dynamiCROP team
, and all corresponding rights shall belong solely to the
dynamiCROP team
.
LICENSEE agrees to exclusively use the
dynamiCROP
model for internal purposes and shall not distribute or transfer it to any person without prior written permission from the
dynamiCROP team
.
LICENSEE further agrees not to use any portion of the
dynamiCROP
model in any machine-readable form outside the
dynamiCROP
model, nor to make any copies except for its internal use, without prior written consent of the
dynamiCROP team
and to place the appropriate copyright notice on any such copies.
LICENSEE finally accepts the «LICENSE AGREEMENT - FULL TEXT» as stated below.
License Agreement - Full Text
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In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Grant and Content of License.
The materials that are subject of this License Agreement shall consist of the computer sorftware model
dynamiCROP
and associated documentation and other information (hereinafter referred to as «LICENSED PROGRAM») made available by the
dynamiCROP team
(hereafter referred to as «LICENSOR»). LICENSEE acknowledges that LICENSOR exclusively reserves any and all intellectual property rights, including patentable information, copyright and title of LICENSED PROGRAM and any trademarks or service marks relating thereto. LICENSEE shall not have right, title or interest in the LICENSED PROGRAM except as expressly set forth in this License Agreement. Except for termination for cause, LICENSOR hereby grants to LICENSEE a personal royalty-free, non-exclusive, non-transferable and perpetual license to use LICENSED PROGRAM that was accessible during the term of this License Agreement. Such use shall be in accordance with the provisions of this License Agreement, which provisions shall survive any termination of this License Agreement. The means by which LICENSEE shall have access to LICENSE PROGRAM shall be in a manner and form substantially equivalent to the means by which access is provided under this License Agreement.
Use of Licensed Program.
LICENSOR has developed LICENSED PROGRAM as the special purpose of a dynamic multimedia environmental systems/plant uptake modeling program. LICENSED PROGRAM is thereby primarily intended for use in Life Cycle Impact Assessment and/or chemical risk assessment and/or integrated health impact assessment of human toxic and/or ecotoxic impacts. In addition, the focus of LICENSED PROGRAM on relative comparison of the impacts of chemicals also makes it applicable in other contexts of relative assessment and ranking of contaminants. LICENSEE shall acknowlege that this License Agreement builds on encouraging scientific collaboration aimed at further development and application of LICENSED PROGRAM. LICENSED PROGRAM may be used for purposes of research, education or other non-commercial use only.
Restrictions on Use of Licensed Program.
LICENSEE shall not knowingly permit any other person to use LICENSED PROGRAM. LICENSEE shall not modify or create a derivative work of LICENSED PROGRAM without the prior written permission of LICENSOR. LICENSEE may not remove, obscure or modify any copyright or other notices included in LICENSED PROGRAM. Other than as specifically permitted in this License Agreement, LICENSEE may not use LICENSED PROGRAM for commercial purposes, including but not limited to the sale of LICENSED PROGRAM or bulk reproduction or distribution of LICENSED PROGRAM in any form.
Feedback of Use of Licensed Program.
LICENSEE agrees to provide LICENSOR with any enhancements that are made to LICENSED PROGRAM. Such enhancements shall be usable by LICENSOR and may be transferred by LICENSOR to other users of LICENSED PROGRAM including other licensees. All liaison between LICENSEE and LICENSOR will be between an appointed person by LICENSEE and a representative of LICENSOR.
Limitations on Warraties.
Notwithstanding anything else in this License Agreement, neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use LICENSED PROGRAM. LICENSOR makes no representation or warranty, and expressly disclaims any liability with respect to the content of LICENSED PROGRAM, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, LICENSEE acknowledges that LICENSED PROGRAM is a research tool still in the development stage that is being provided on an «as is» basis without any accompanying services or improvements from LICENSOR. LICENSOR disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to LICENSED PROGRAM or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. LICENSOR makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. LICENSOR further expressly disclaims any warranty or representation to any third party.
Governing Law.
This License Agreement shall be interpreted and construed according to, and governed by, the laws of the Federal Republic of Germany, with the exception of international private law and conflict of law rules, to the extent that such rules would result in the application of another jurisdiction. The federal or state courts located in the Federal Republic of Germany shall have jurisdiction as the courts of first instance to hear any dispute under this License Agreement, including its interpretation and use, which cannot be settled amicably by negotiation.
Entire Agreement, Amendment and Severability.
This License Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. No modification or claimed waiver of any provision of this License Agreement shall be valid except by written amendment signed by authorized representatives of LICENSOR and LICENSEE. If any provision or provisions of this License Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Construability.
Nothing in this License Agreement shall, or may be construed as, conferring LICENSEE any right or licence to LICENSED PROGRAM for any use in advertising, publicity or otherwise any trademark or the name of LICENSOR and/or LICENSED PROGRAM.
Effective, June, 2011 [Date: Sunday, 01-Oct-2023]
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Legal Notice
The
dynamiCROP team
acts under the full supervision of the Division for Quantitative Sustainability Assessment (
QSA
) at the Department of Management Engineering of the Technical University of Denmark. For legal notice see
here
.
copyright © 2011-2022 :: last update 02-Mar-2022 ::
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