This licence applies to the Work as defined below which is provided under the terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited to the extent such use is covered by a right of the copyright holder of this work.
In this Licence, the following terms have the following meaning:
- The Licence: this licence;
- The Licensor: Wageningen University, in particular Plant Production Systems Group;
- The Licensee: any natural or legal person who makes any usage of the Work under the terms of the Licence;
- Contributor(s): any natural or legal person who modifies the Work under the Licence, or otherwise contributes to the creation of a Derivate Work;
- Distribution and/or Communication: any act of selling, giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential functionalities at the disposal of any other natural or legal person;
- The Work: the Original Work and/or its derivative Works;
- The Original Work: the work distributed and/or communicated by the Licensor under this Licence, available as Source Code and also as Executable Code as the case may be;
- Derivative Works: the works or software that could be created by the Licensee, based upon the Original Work or modifications hereof. This Licence does not define the extent of modification or dependence on the Original Work required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in the country mentioned in Article 16 of this Licence;
- Commercial use: any profit-making, income-generating use of the work in any kind, whether direct or indirect;
- The Source Code: the human-readable form of the Work which is the most convenient for people to study and modify;
- The Executable Code: any code which has generally been compiled and which is meant to be interpreted by a computer as a program.
3. Scope of the rights granted by the Licence
The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-licensable licence to do the following, for the duration of copyright vested in the Original Work:
- use the Work in any circumstance and for all usage except commercial use;
- commercial use may be agreed upon under certain conditions, which will have to be worked out in a separate licence agreement between the Licensor and the Licensee;
- reproduce the Work;
- modify the Original Work, and make Derivative Works based upon the Work;
- communicate to the public, including the right to make available or display the Work or copies thereof to the public and perform publicly, as the case may be, the Work;
- distribute the Work or copies thereof;
- lend and rent the Work or copies thereof;
- sub-license rights in the Work or copies thereof.
These rights can be exercised on any media, support and formats, whether now known or later invented, as far as the applicable law permits so.
4. Communication of the Source Code
The Licensor may provide the Work either in its Source Code form, or as Executable Code. If the Work is provided as Executable Code, the Licensor provides in addition a machine-readable copy of the Source Code of the Work along with each copy of the Work that the Licensor distributes or indicates, in a notice following the copyright notice attached to the Work, a repository where the Source Code is easily and freely accessible for long as the Licensor continues to distribute and/or communicate the Work.
5. Obligation of the Licencee
The grant of the rights mentioned above is subject to some restrictions and obligations imposed on the Licensee. Those obligations are the following:
Attribution right: the Licensee shall keep intact all copyright, patent or trademarks notices and all notices that refer to the Licence and the disclaimer of warranties. The Licensee must include a copy of such notices and a copy of the Licence with every copy of the Work he/she distributes and/or communicates. The Licensee must cause any Derivative Work to carry prominent notices stating that the Work has been modified and the date of Modification.
Copyleft clause: if the Licensee distributes or communicates copies of the Original Works or Derivative Works, this Distribution or Communication will be done under the terms of this Licence or of a later version of this Licence unless the Original Work is expressly distributed only under this version of the License. The Licensee (becoming Licensor) cannot offer or impose any additional terms or conditions on the Work or Derivative Work that alter or restrict the terms of the Licence. 3 van 4
Provision of Source Code: When distributing and/or communicating copies of the Work, the Licensee will provide a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available for as long as the Licensee continues to distribute and/or communicate the Work.
Legal Protection: This Licence does not grant permission to use the trade names, trademarks, service marks, or names of the Licensor, expect as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the copyright notice.
6. Chain of Authorship
The original Licensor warrants that the copyright in the Original Work granted hereunder is owned by him/her or licensed to him/her and that he/she has the power and authority to grant the Licence.
Each Contributor warrants that the copyright in the modification he/she brings to the Work are owned by him/her or licensed to him/her and that he/she has the power and authority to grant the Licence.
Each time You accept the Licence, the original Licensor and subsequent Contributors grant You a licence to their contributions to the Work, under the terms of this Licence.
7. Disclaimer of Warranty
The Work is a work in progress, which is continuously improved by numerous Contributors. It is not a finished work and may therefore contain defects or “bugs” inherent to this type of development.
For the reason above, the Work is provided under the Licence on an “as is” basis and without warranties of any kind concerning the Work, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of intellectual property rights other than copyright as stated in Article 7 if this Licence.
This disclaimer of warranty is an essential part of the Licence and a condition for the grant of any rights to the Work.
8. Disclaimer of Liability
Except in the cases of wilful misconduct or damage directly caused to natural persons, the Licensor will in no event be liable for any direct, or indirect, material or moral, damages of any kind, arising out of the Licence or of the use of the Work, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction or loss of data, even if the Licensor has been advised of the possibility of such damage. However, the Licensor will be liable under statutory product liability laws as far such laws apply to the Work.
9. Additional agreements
While distributing the Original Work or Derivative Works, You may choose to conclude an additional agreement, defining obligations and/or services consistent with this Licence. However, if accepting obligations, You may act only on your own behalf and on your sole responsibility, not on behalf of the Original Licensor or any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against such Contributor by the fact You have accepted any warranty or additional liability. 4 van 4
10. Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on the button “Agree” placed at the bottom of a window displaying the text of this Licence or by affirming consent in any other similar way, in accordance with the rules of applicable law. Clicking on that button indicates your clear and irrevocable acceptance of this Licence and all of its terms and conditions.
Similarly, You irrevocably accept this Licence and all of its terms and conditions by exercising any rights granted to You by Article 3 of this Licence, such as the use of the Work, the creation by You of a Derivative Work or the Distribution or Communication by You of the Work or copies thereof.
11. Information to the public
In case of any Distribution and/or Communication of the Work by means of electronic communication by You (for example, by offering to download the Work from a remote location) the distribution channel or media (for example, a website) must at least provide to the public the information requested by the applicable law regarding the Licensor, the Licence and the way it may be accessible, concluded, stored and reproduced by the Licensee.
12. Termination of the Licence
The Licence and the rights granted hereunder will terminate automatically upon any breach by the Licensee of the terms of the Licence.
Such a termination will not terminate the licences of any person who has receives the Work from the Licensee under the Licence, provided such persons remain in full compliance with the Licence.
Without prejudice of Article 10 above, the Licence represents the complete agreement between the Parties as to the Work.
If any provision of the Licence is invalid or unenforceable under applicable law, this will not affect the validity or enforceability of the Licence as a whole. Such provision will be construed and/or reformed so as necessary to make it valid and enforceable.
Any litigation resulting from the interpretation of this Licence, arising between the Licensor and the Licensee, will be subject to the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business.
14. Applicable Law
This Licence shall be governed by the law of the country where the Licensor has his seat, resides or has his registered office.