RHOXYZ Non-Commercial License Agreement
Faculty of Electrical Engineering, Mechanical Engineering and Naval Architecture, University of Split (the “Provider”) developed RHOXYZ (the “Software”) and seeks to it for public use and benefit.
The Provider hereby grants to you a revocable, nonexclusive, nontransferable, royalty-free and worldwide license (the “License”) to use the Software solely for educational, research, or evaluation purposes, in accordance with Paragraph 3 below and subject to the terms and conditions of this License Agreement (the “Agreement”). The License entitles you to use the Software to conduct research or education and to create Derivative Works solely for academic, non-commercial research endeavors of the Licensee (A “Derivative Work” is a work that is a modification of, enhancement to, derived from, or based upon the Software).
3. Limitations on Use
The License is limited to noncommercial use. Noncommercial use relates only to educational, research, personal or evaluation purposes, or evaluating Software usefulness for a particular purpose. Any other use is commercial use. You may not use the Software in connection with any activities which purpose is to procure a commercial gain to you or others. For using the Program for commercial purposes, including but not restricted to consulting activities, design of commercial hardware or software networking products, and joint research with a commercial entity, government-funded, EU-funded, military or similar research projects, you have to contact the Author or visit www.rhoxyz.com for an appropriate license.
4. Limitations on Distribution
If you distribute the Software or any derivative works of the Software, you will distribute them under the same terms and conditions as in this License, and you will not grant other rights to the Software or derivative works that are different from those provided by this License.
The Software and the accompanying documentation are licensed, not sold, to you. The Software is a proprietary product of the Provider and is protected under Croatian and EU copyright laws and international treaty revisions. The Provider retains all rights not specifically granted to you hereunder, including ownership of the Software and all copyrights, trade secrets, or other intellectual property rights in the Software and any accompanying information.
6. Publication Credit
You agree to acknowledge the RHOXYZ research project with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of the Software.
7. Term of License
The License is effective upon receipt by you of the Software and shall continue until terminated. The License will terminate immediately without notice by the Provider if you fail to comply with the terms and conditions of this Agreement. Upon termination of this License, you shall immediately discontinue all use of the Software provided hereunder, and return to the Provider or destroy the original and all copies of all such Software. All of your obligations under this Agreement shall survive the termination of the License.
The Provider makes no representations about the suitability, use, or performance of this software or about any content or information made accessible by the Software, for any purpose. The Software is provided “as is,” without express or implied warranties including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement with respect to the Software. The Provider is not obligated to support or issue updates to the Software.
9. Limitation on Liability
This software is provided free of charge and, accordingly, the Provider shall not be liable under any theory for any damages suffered by you or any user of the Software. under no circumstances shall Provider be liable to you or any other person for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other economic loss or commercial damages arising out of the use or inability to use this software, even if Provider shall have been informed of the possibility of such damages, or for any third-party claims.
The Parties agree to attempt to settle amicably any controversy or claim arising under this Agreement or a breach of this Agreement. Thereafter, both parties agree that all disputes between them arising out of or relating to this Agreement, shall be submitted to non-binding mediation unless the parties mutually agree otherwise. All parties agree to exercise their best effort in good faith to resolve all disputes in mediation. This Agreement shall be governed and construed in accordance with the laws of EU.
11. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto.