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SURFACE WATER ASSESSMENT ENABLER (“SWAN”) LICENCE AGREEMENT

This agreement defines permitted uses of the SWAN application and other components which may be included in or required as part of your installation.

SWAN APPLICATION

This section applies to your use of the SWAN application. Please note in particular the terms of paragraph (4) and (5) which limit or exclude liability towards you.

SWAN is and will be distributed on a free to use basis, including commercial use, automated generation of model input data (tpf.-File), automated control of the GUI and automated invocation of the console application (SWAN.CLI.exe), subject to the following conditions:

  1. The downloaded SWAN application may be used, distributed to a third party, copied or made available to a third party subject always to these conditions (2) to (5);
  2. Neither the source code nor the object code may be amended by any party who uses or distributes the SWAN application. In particular (but without limitation) the source code and the object code may not be modified or edited without the prior consent of the European Crop Protection Association (ECPA); the above usage remains unaffected.
  3. Any data presented in a regulatory environment must be attributed as being calculated by SWAN along with the version number of the SWAN application used;
  4. To the extent permitted by law, all express and implied warranties are hereby excluded by each of the European Crop Protection Association (ECPA; the Sponsor) and Tessella (the Developer), including (without limitation) any implied warranty of quality or fitness or purpose. Unless otherwise stated in writing, the Sponsor and the Developer provide the SWAN application “as is” and the risk as to the quality and performance of the SWAN application is with you. If the SWAN application proves to be defective, you assume the cost of all necessary servicing, repair or correction; and
  5. The Sponsor and the Developer each exclude liability towards you and any third party in relation to the use of SWAN or decisions made based on the outputs of SWAN calculations to the maximum extent permitted by law. In particular (but without limitation), neither the Sponsor nor the Developer shall be liable to you or any third party for (i) any direct loss of profits or other economic loss; or (ii) any indirect, consequential, special or incidental damages, losses, expenses or claims arising out of the use or inability to use the SWAN application (in each case including damages arising as a result of loss of data or data being rendered inaccurate) even if the Sponsor or the Developer has been advised of the possibility of such damages.

By downloading, installing, distributing or using the SWAN application, you agree with these restrictions, including (without limitation) the restrictions on liability.

THIRD PARTY COMPONENTS

7-ZIP

This software includes components of 7-Zip which is copyright 1999-2009 Igor Pavlov. These components are covered by the GNU Lesser General Public Licence (available at http://www.gnu.org/) and an additional “unRAR restriction”.

GNU LGPL information

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

You can receive a copy of the GNU Lesser General Public License from http://www.gnu.org/

unRAR restriction

The decompression engine for RAR archives was developed using source code of unRAR program. All copyrights to original unRAR code are owned by Alexander Roshal. The license for original unRAR code has the following restriction:

The unRAR sources cannot be used to re-create the RAR compression algorithm, which is proprietary. Distribution of modified unRAR sources in separate form or as a part of other software is permitted, provided that it is clearly stated in the documentation and source comments that the code may not be used to develop a RAR (WinRAR) compatible archiver.

.NET Framework and C++ redistributable package

In order to operate the SWAN application, you will need to download and install .NET Framework 4 Client Profile and a Microsoft Visual C++ redistributable package. Please note that separate licence agreements apply to these products. You should review the applicable licenses before downloading, copying or installing these applications and any associated files.

This component may have been provided as part of your Windows operating system installation in which case the relevant terms provided with your Windows licence apply.

Copyright © Tessella 2006-2019

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