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Licence

FREEWARE SOFTWARE LICENSE AGREEMENT

This software license agreement applies to the software WOLF 1D PKW, hereinafter referred to as the “Software”, available for download from this website and constitutes a legal agreement between the person or entity downloading the Software, hereinafter referred to as “Licensee”, and Université de Liège, hereinafter referred to as “ULg”. By downloading, installing and otherwise using the Software, Licensee is automatically agreeing to and show that he has read and understood the terms and conditions contained within this Freeware Software License Agreement.

1 BACKGROUND

The Software has been developed in the HACH Research Unit of the University of Liege, directed by Professor Michel Pirotton, working in the fields of Hydrology, Applied Hydrodynamics and Hydraulic Constructions.

2 LICENSE GRANT

Subject to the terms and conditions of this Agreement, ULg grants Licensee a limited, personal, non-exclusive, non-transferrable and non-sublicensable license to use and reproduce the Software for its own internal business purpose. All rights not expressly granted by this agreement are expressly reserved by ULg.

3 SOFTWARE DELIVERY - SUPPORT SERVICE

Licensee shall obtain the Software by downloading it freely from a web server.

ULg is under no obligation to provide Licensee with any kind of support services to address issues arising in connection with Licensee’s use and/or integration of the Software. If requested by Licensee and accepted by ULg, ULg shall provide such support on terms and conditions as may be determined by ULg, including price.

4 FINANCIAL COMPENSATION

The license is granted free of charge.

5 ACKNOWLEDGEMENT

All written communication of results obtained using the Software shall display the following acknowledgement: “Results obtained using WOLF 1D PKW software developed by the HACH research unit - Argenco Department - University of Liège” or other wording to be agreed.

All written communication of results obtained using the Software shall refers to the solver as
“HACH (2011). WOLF 1D PKW - 1D numerical model of the flow over a piano key weir, University of Liege, Belgium. http://hdl.handle.net/2268/92290

6 WARRANTY DISCLAIMER – NO LIABILITY

The Software is provided on an “as is” basis without warranty of any kind, either expressed or implied, including without limitation any warranties of merchantability, fitness for a particular purpose or that the use of the Software and exercise of the license rights hereunder will not infringe any intellectual property rights. ULg does not warrant that the Software will meet Licensee’s requirements or that the Software will operate uninterrupted or error-free. Licensee is solely responsible for determining the appropriateness of using the Software and assumes all risks with its exercise of rights under this Agreement

The Software was created in the course of academic research and not as a commercial product. Licensee acknowledges and agrees that, ULg providing the Software free of charge, do not include any consideration for assumption by ULg of the risk of Licensee’s direct or incidental damages which may arise in connection with Licensee’s use of the Software and exercise of its rights hereunder. Accordingly Licensee expressly agrees that ULg shall not be responsible for any damages whatsoever (including without limitation loss of data, loss of profits or claims from third parties such as Licensee’s customers) arising out of or related to the use of the Software. By using the Software and exercising its licensed rights hereunder, Licensee expressly agrees to assume all responsibility for any and all such use and exercise and ULg shall not be liable in any manner whatsoever for any damages however caused and regardless of the theory of liability in connection with such use and exercise.

7 INDEMNIFICATION

Licensee agrees to indemnify and hold ULg harmless from any and all liability, damage, loss or expense that may be incurred by ULg in connection with any claim, suit, demand, action or judgement arising out of the use by Licensee of the Software.

8 TERMS AND TERMINATION

This Agreement shall be effective as of the date of Licensee’s downloading the Software. ULg may immediately terminate this agreement in case Licensee is in breach of any provision of this Agreement.

Upon termination of this Agreement, Licensee shall cease all use of the Software and Documentation and shall, at the ULg’s option, return or destroy any copies of the Software and Documentation in its possession.

9 GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of Belgium without giving effect to any choice of law principle that would require the application of the laws of a different country. The Parties agree that in the event of a dispute arising from, or in any way related to this Agreement, they should undertake good faith efforts to resolve the matter amicably. Any dispute that cannot be settled amicably by negotiation between the parties shall be exclusively referred to Liège Courts, Belgium.