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| 1 | +USE OF THIS SOFTWARE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: |
| 2 | + |
| 3 | +1. License. Subject to these terms and conditions, University Corporation for Atmospheric Research (UCAR) |
| 4 | +grants you a non-exclusive, royalty-free license to use, create derivative works, publish, distribute, |
| 5 | +disseminate, transfer, modify, revise and copy the Noah-MP software, in both object and source code |
| 6 | +(the "Software"). You shall not sell, license or transfer for a fee the Software, or any work that in any |
| 7 | +manner contains the Software. |
| 8 | + |
| 9 | +2. Disclaimer of Warranty on Software. Use of the Software is at your sole risk. The Software is provided |
| 10 | +"AS IS" and without warranty of any kind and UCAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS OF |
| 11 | +ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| 12 | +NON-INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY, MERCHANTABILITY OR SATISFACTORY QUALITY AND |
| 13 | +FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES EXPRESSLY DISCLAIM THAT THE UNIFORM COMPUTER INFORMATION |
| 14 | +TRANSACTIONS ACT (UCITA) APPLIES TO OR GOVERNS THIS AGREEMENT. No oral or written information or advice |
| 15 | +given by UCAR or a UCAR authorized representative shall create a warranty or in any way increase the scope |
| 16 | +of this warranty. Should the Software prove defective, you (and neither UCAR nor any UCAR representative) |
| 17 | +assume the cost of all necessary correction. |
| 18 | + |
| 19 | +3. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UCAR BE LIABLE FOR ANY |
| 20 | +DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOST REVENUE, PROFIT OR DATA, |
| 21 | +WHETHER IN AN ACTION IN CONTRACT OR TORT ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE |
| 22 | +SOFTWARE, EVEN IF UCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 23 | + |
| 24 | +4. Compliance with Law. All Software and any technical data delivered under this Agreement are subject to |
| 25 | +U.S. export control laws and may be subject to export or import regulations in other countries. You agree |
| 26 | +to comply strictly with all applicable laws and regulations in connection with use and distribution of the |
| 27 | +Software, including export control laws, and you acknowledge that you have responsibility to obtain any |
| 28 | +required license to export, re-export, or import as may be required. |
| 29 | + |
| 30 | +5. No Endorsement/No Support. The names UCAR/NCAR, National Center for Atmospheric Research and the |
| 31 | +University Corporation for Atmospheric Research may not be used in any advertising or publicity to endorse |
| 32 | +or promote any products or commercial entity unless specific written permission is obtained from UCAR. The |
| 33 | +Software is provided without any support or maintenance, and without any obligation to provide you with |
| 34 | +modifications, improvements, enhancements, or updates of the Software. |
| 35 | + |
| 36 | +6. Controlling Law and Severability. This Agreement shall be governed by the laws of the United States and the |
| 37 | +State of Colorado. If for any reason a court of competent jurisdiction finds any provision, or portion |
| 38 | +thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. This |
| 39 | +Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of |
| 40 | +Goods, the application of which is hereby expressly excluded. |
| 41 | + |
| 42 | +7. Termination. Your rights under this Agreement will terminate automatically without notice from UCAR if you |
| 43 | +fail to comply with any term(s) of this Agreement. You may terminate this Agreement at any time by destroying |
| 44 | +the Software and any related documentation and any complete or partial copies thereof. Upon termination, all |
| 45 | +rights granted under this Agreement shall terminate. The following provisions shall survive termination: |
| 46 | +Sections 2, 3, 6 and 9. |
| 47 | + |
| 48 | +8. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the |
| 49 | +use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. |
| 50 | +No amendment to or modification of this Agreement will be binding unless in a writing and signed by UCAR. |
| 51 | + |
| 52 | +9. Notices and Additional Terms. Copyright in Software is held by UCAR. You must include, with each copy of the |
| 53 | +Software and associated documentation, a copy of this Agreement and the following notice: |
| 54 | + |
| 55 | +"The source of this material is the Research Applications Laboratory at the National Center for Atmospheric |
| 56 | +Research, a program of the University Corporation for Atmospheric Research (UCAR) pursuant to a Cooperative |
| 57 | +Agreement with the National Science Foundation; ©2007 University Corporation for Atmospheric Research. All |
| 58 | +Rights Reserved." |
| 59 | + |
| 60 | +The following notice shall be displayed on any scholarly works associated with, related to or derived from |
| 61 | +the Software: |
| 62 | + |
| 63 | +"The Noah-MP modeling system was developed at the National Center for Atmospheric Research (NCAR) with collaborations |
| 64 | +from university partners. NCAR is sponsored by the United States National Science Foundation." |
| 65 | + |
| 66 | +BY USING OR DOWNLOADING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. |
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