Copyright statement and license conditions - formatted. -------------------------------------------------------- UPDATED===29.07.2013.18.09.29 TITLE===FLUKA User license TYPE===subpage -------------------------------------------------------- 

                     6 MONTHS TRIAL VERSION 
                   END-USER LICENSE AGREEMENT 
                       FOR FLUKA SOFTWARE


Copyright Italian  National  Institute  for  Nuclear  Physics
(INFN) and European Organization for Nuclear Research (CERN),
1989-2013.    All rights  not  expressly  granted  under this
license are reserved.   Requests  for permissions not granted
under this license shall be addressed to the FLUKA Collabora-
tion Committee, through fcc@fluka.org.     Any permission may
only be granted in writing.          This software results in
particular from  work  performed  by  Alberto Fassò,  Alfredo
Ferrari,  Johannes Ranft,  Paola Sala  (the "Authors"),   and
their collaborators (the "Collaborators").  INFN and CERN are
the exclusive source of distribution of the code,  bug  fixes
and documentation of the FLUKA software (FLUKA website).   By
installing,  or  otherwise  using  the Trial Version of FLUKA
software,  you  agree  to  be  bound  by  the  terms  of this
Agreement.     If  you  do  not  agree  to  the terms of this
Agreement,  you  should  refrain from installing or using the
Trial Version of FLUKA software.

DEFINITIONS

The Licensors means both CERN and INFN.

The Licensee  means  any  person  or  entity  exercising  any
permission granted by this license.

The FLUKA  software ("FLUKA")  means the last updated version
of  the  fully  integrated   particle   physics   Monte Carlo
simulation  software  package  being  developed  since  1989,
available  from  the  official  FLUKA  website and authorised
mirror sites.  FLUKA includes FLUKA User Routines (as defined
below) and accompanying documentation.   Output does not form
part of FLUKA as herein defined.

FLUKA  User  Routines  ("User  Routines")  means the  set  of
subroutines collected in the usermvax  section  of FLUKA  and
forming part of the standard distribution of FLUKA.

The  Trial  Version of FLUKA software ("FLUKA Trial Version")
means a version  of  the  FLUKA  software  to be used only to
review,  demonstrate and  evaluate the FLUKA software.    The
FLUKA  Trial  Version has an expiration date which is set out
in the title  of the  Agreement at the sole discretion of the
Licensors   and  which   starts  as  from  the  date  of  its
downloading by  the  Licensee  ("the Expiration Date").   The
FLUKA  Trial  Version features  a  built  in  limitation that
purposely impedes unlimited use of the software. It therefore
runs in a sub optimal  way  and limits the computational time
to what  is  deemed  adequate  for  the  Purpose as described
below.

The  Purpose  should  be  defined  as  the willingness of the
Licensee to  use  the  Trial version of the FLUKA software in
order to  evaluate  the  suitability  of  FLUKA  software for
commercial applications  and to determine whether to purchase
FLUKA under commercial license conditions.

Make Available means to market, distribute, transfer, license
or sub-license, or in any way dispose of or make available.

Output  means  results  and  data generated using FLUKA Trial
Version,  or any procedure or algorithm making use of results
and data generated with  FLUKA  Trial Version,  but  excludes
Comparisons (as defined below).

Comparisons  means  results  of  benchmark comparisons of the
FLUKA Trial Version physics models

                   LICENSE GRANT

1. The Parties  agree that the copyright and all other rights
related to FLUKA, in whatever form, including but not limited
to the  object  code,  source code  and  user interface,  are
vested in  Licensors,  and that  Licensors  retain all title,
copyright and any other proprietary rights in FLUKA.

2. All rights not  expressly granted under this Agreement are
reserved.

3. Subject  to  the  terms  and conditions of this Agreement,
Licensors herewith  grant  to  the  Licensee a non-exclusive,
non-transferable  object  code license to use the FLUKA Trial
Version for the Purpose.

4. The scope of the license granted  under  this Agreement is
strictly limited to the use of the  FLUKA  Trial  Version for
the  Purpose  and  specifically excludes  any  scientific  or
commercial applications.

5. The Licensee shall under no circumstances  circumvent  the
built in limitations contained in the FLUKA Trial version.

6. FLUKA  Trial  Version  is licensed for use by the Licensee
only, at the Licensee's site, and the Licensee shall not Make
Available FLUKA Trial Version,  in  whole  or in part, either
separately  or  with a product or service,  to third parties,
without Licensors' prior written permission.

7. The  Licensee  may  not  modify,   translate,   decompile,
disassemble,  decrypt, extract, or otherwise reverse engineer
FLUKA Trial Version,  nor  may the Licensee attempt to create
the   source  code  from  the  object  code  of  FLUKA  Trial
Version.   The  Licensee  may  not insert FLUKA Trial Version
code, in whole or in part, into other codes. The Licensee may
not create derivative works of FLUKA  Trial  Version.   It is
understood that Output is not considered derivative works.

8. Without prejudice to article 5,  the  Licensee  may modify
FLUKA User routines  to  the  extent  that the purpose of the
modifications  is  limited  to  the  adaptation  of input and
output  interfaces of  FLUKA.    Any  such  modifications are
permitted  only  to  the  extent that they do not circumvent,
replace, add to,  or modify any of the functions of FLUKA, or
extract  specific isolated results from any of the individual
internal physics models embedded within FLUKA.

9. The  Licensee  may  use  FLUKA  Trial  Version to generate
Output for the Purpose only.   The  Licensee  shall  not Make
Available such Output to third parties.

10. The  Licensee  may  use  FLUKA  Trial Version to generate
Comparisons  for  the Purpose but may not Make Available such
Comparisons.

11. Any use of  FLUKA  Trial  Version  outside  the  scope of
articles 3 to 7  is  subject to prior written permission from
Licensors.  No Party may assign or transfer this Agreement to
a third party.

12. The Licensee shall not use  FLUKA Trial Version,  Output,
or Comparisons for military purposes.

13. The Licensee shall not copy FLUKA Trial Version, in whole
or in part, for distribution purposes.

                   PAYMENT

14. The FLUKA  Trial  Version is provided to Licensee free of
charge.

                   MAINTENANCE AND SUPPORT

15. The  Licensors  are  under  no  obligation to correct any
problems or errors of FLUKA Trial Version.

                   WARRANTY AND LIABILITY

16. DISCLAIMER:  FLUKA TRIAL VERSION IS PROVIDED BY LICENSORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO,  IMPLIED  WARRANTIES  OF MERCHANTABILITY,  OF
SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR
USE  ARE  DISCLAIMED.  LICENSORS  AND  THE  AUTHORS  MAKE  NO
REPRESENTATION THAT FLUKA TRIAL VERSION WILL NOT INFRINGE ANY
PATENT,   COPYRIGHT,   TRADE  SECRET  OR  OTHER   PROPRIETARY
RIGHT. LICENSORS ARE NOT AWARE OF ANY FACTS THAT WOULD LEAD A
REASONABLE  PERSON TO BELIEVE THAT USE OF FLUKA TRIAL VERSION
WOULD INFRINGE THIRD PARTY RIGHTS.  THE LICENSEE ACKNOWLEDGES
THAT  LICENSORS  AND  THE  AUTHORS  HAVE  NOT  PERFORMED  ANY
SEARCHES  OR  INVESTIGATIONS  INTO THE EXISTENCE OF ANY THIRD
PARTY RIGHTS THAT MAY AFFECT FLUKA TRIAL VERSION.

17. LIMITATION OF LIABILITY:  EXCEPT  AS  MAY  BE MANDATED BY
LAW,  IN  CASE  OF  GROSS  NEGLIGENCE  OR  WILFUL MISCONDUCT,
LICENSORS  AND  ANY  CONTRIBUTOR  SHALL HAVE NO LIABILITY FOR
DIRECT,   INDIRECT,   SPECIAL,   INCIDENTAL,   CONSEQUENTIAL,
EXEMPLARY,   PUNITIVE  OR  OTHER  DAMAGES  OF  ANY  CHARACTER
INCLUDING,  WITHOUT  LIMITATION,  PROCUREMENT  OF  SUBSTITUTE
GOODS OR SERVICES,  LOSS OF USE, DATA OR PROFITS, OR BUSINESS
INTERRUPTION,  HOWEVER  CAUSED AND ON ANY THEORY OF CONTRACT,
WARRANTY,  TORT (INCLUDING NEGLIGENCE),  PRODUCT LIABILITY OR
OTHERWISE,  ARISING  IN  ANY  WAY FROM THE USE, INCLUDING ANY
INABILITY TO USE,  FLUKA TRIAL VERSION AND/OR OUTPUT, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,  AND THE LICENSEE
SHALL HOLD  LICENSORS  AND  ANY CONTRIBUTOR FREE AND HARMLESS
FROM  ANY  LIABILITY,  INCLUDING CLAIMS BY THIRD PARTIES,  IN
RELATION TO SUCH USE.

18. The  Parties shall take all necessary measures to prevent
any infringement of the terms of this Agreement. The Licensee
shall be liable to Licensors for any such infringement by the
Licensee  and  shall  hold  Licensors  free  and harmless and
indemnify them for any and  all  claims or lawsuits which may
result there from.

                  DURATION AND TERMINATION

19. This  Agreement shall enter into  force on the day of its
downloading by the Licensee.

20. This  Agreement shall terminate  and  the  license  shall
lapse after the Expiration date of the FLUKA Trial Version.

21. This Agreement may terminate  if  the  Licensee  fails to
comply  with  any  of  the  terms   of  this  Agreement  such
termination having been notified in writing  by the Licensors
and  being  effective  within  thirty (30) days unless within
that period the breach is remedied by the Licensee, or if the
Licensee institutes litigation  against  any  of Licensors or
any contributors with regard to FLUKA Trial Version,  without
any  compensation  being  due  by  either   Licensor  to  the
Licensee.

22. In  any  case of termination of the Agreement the license
shall  lapse  and the Licensee shall uninstall and delete all
copies of the Software, including the user documentation.

23. In case  of  termination of this Agreement for any reason
whatsoever  and  at  the  request of either Party,  the other
Party shall  promptly  return  any  confidential  information
belonging to the first Party.

24. Notwithstanding  termination  of  the Agreement howsoever
caused,  its provisions shall continue to bind the Parties in
so far and for as long  as may be necessary to give effect to
their  respective  rights  and  obligations  accrued prior to
termination.

25. The provisions of this  Agreement shall be interpreted in
accordance  with  its  true  meaning  and  effect.    Without
prejudice   to   CERN's   status   as   an  Intergovernmental
Organization,  reference  shall  be made to Swiss substantive
law  where  (i) a  matter is not specifically covered by this
Agreement; or  (ii) a provision is ambiguous or unclear. Such
reference  shall  be  made  exclusively  for  the  matter  or
provisions  concerned,  and  shall  in  no event apply to the
other provisions of this Agreement.

26. Any dispute under this Agreement that fails to be settled
amicably shall be referred to arbitration,  drawn  up by CERN
in  accordance  with  its  status  as  an   Intergovernmental
Organization,  in  accordance  with the procedure defined at:
http://legal.web.cern.ch/procedures/arbitration.
Notwithstanding  reference of any dispute to arbitration, the
Parties shall continue to be bound by their obligations under
this Agreement.