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| 1 | +CCLRC License for CCLRC Software forming part of the Ultrascale Visualization |
| 2 | +Climate Data Analysis Tools Package. |
| 3 | + |
| 4 | +The Council for the Central Laboratory of the Research Councils (CCLRC) |
| 5 | +grants any person who obtains a copy of this software (the Software), |
| 6 | +free of charge, the non-exclusive, worldwide right to use, copy, modify, |
| 7 | +distribute and sub-license the use of the Software on the terms and |
| 8 | +conditions appearing below: |
| 9 | + |
| 10 | +1)The Software may be used only as part of the Climate Data Analysis |
| 11 | +Tools Package, made available to users free of charge. |
| 12 | + |
| 13 | +2)The CCLRC copyright notice and any other notice placed by CCLRC on the |
| 14 | +Software must be reproduced on every copy of the Software, and on every |
| 15 | +Derived Work. A Derived Work means any modification of, or enhancement |
| 16 | +or improvement to, any of the Software, and any software or other work |
| 17 | +developed or derived from any of the Software. |
| 18 | + |
| 19 | +3)CCLRC gives no warranty and makes no representation in relation to |
| 20 | +the Software. The Licensee and anyone to whom the Licensee makes the |
| 21 | +Software or any Derived Work available, use the Software at their own |
| 22 | +risk. |
| 23 | + |
| 24 | +4)All warranties, conditions, terms, undertakings and obligations on the |
| 25 | +part of CCLRC, implied by statute, common law, custom, trade usage, |
| 26 | +course of dealing or in any other way are excluded to the fullest extent |
| 27 | +permitted by law. |
| 28 | + |
| 29 | +5)Subject to condition 6, CCLRC will not be liable for: |
| 30 | + a)any loss of profits, loss of revenue, loss or corruption |
| 31 | + of data, loss of contracts or opportunity, loss of savings or third |
| 32 | + party claims (in each case whether direct or indirect); |
| 33 | + b)any indirect loss or damage arising out of or in |
| 34 | + connection with the Software; |
| 35 | + c)any direct loss or damage arising out of, or in connection |
| 36 | + with, the Software in each case, whether that loss arises as a result of |
| 37 | + CCLRC's negligence, or in any other way, even if CCLRC has been |
| 38 | + advised of the possibility of that loss arising, or if it was within |
| 39 | + CCLRC's contemplation. |
| 40 | + |
| 41 | +6)None of these conditions limits or excludes CCLRC's liability for |
| 42 | +death or personal injury caused by its negligence or for any fraud, or |
| 43 | +for any sort of liability that, by law, cannot be limited or excluded. |
| 44 | + |
| 45 | +7)These conditions set out the entire agreement relating to the |
| 46 | +Software. The licensee acknowledges that it has not relied on any |
| 47 | +warranty, representation, statement, agreement or undertaking given by |
| 48 | +CCLRC, and waives any claim in respect of any of the same. |
| 49 | + |
| 50 | +8)The rights granted above will cease immediately on any breach of these |
| 51 | +conditions and the licensee will destroy all copies of the Software and |
| 52 | +any Derived Work in its control or possession. Conditions 3, 4, 5, 6, 7, |
| 53 | +8, 9 and 10 will survive termination and continue indefinitely. |
| 54 | + |
| 55 | +9)The licence and these conditions are governed by, and are to be |
| 56 | +construed in accordance with, English law. The English Courts will have |
| 57 | +exclusive jurisdiction to deal with any dispute which has arisen or may |
| 58 | +arise out of or in connection with the Software, the rights granted and |
| 59 | +these conditions, except that CCLRC may bring proceedings for an |
| 60 | +injunction in any jurisdiction. |
| 61 | + |
| 62 | +10)If the whole or any part of these conditions are void or |
| 63 | +unenforceable in any jurisdiction, the other provisions, and the rest of |
| 64 | +the void or unenforceable provision, will continue in force in that |
| 65 | +jurisdiction, and the validity and enforceability of that provision in |
| 66 | +any other jurisdiction will not be affected. |
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