============================================= RGEOSTATS END-USER FREEWARE LICENSE AGREEMENT ============================================= COPYRIGHT © MINES ParisTech / ARMINES Version v4 - September 16th 2020 TERMS AND CONDITIONS NOTICE TO USER: PLEASE, READ THIS LICENCE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, USING OR COPYING THIS SOFTWARE: BY DOWNLOADING, INSTALLING, USING OR COPYING ALL OR ANY PART OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OR A PART OF THE TERMS AND CONDITIONS OF THIS LICENCE, DO NOT DOWNLOAD, INSTALL, USE OR COPY THIS SOFTWARE. 1. DEFINITIONS The following terms (starting by a capital letter) shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: "Licensor" means ARMINES (see AUTHORS at the end of this Agreement to contact Licensor). "Licensee" means You, Your institution or Your Company. "Software" means all of the contents, libraries, scripts, help files, documentation related to the packages provided by ARMINES through the official website http://cg.ensmp.fr/rgeostats. "Use", "Used" or "Using" means to access, install, download, copy or otherwise benefit from using the features of the Software in accordance with the online documentation. "System" means any operating system (Windows OS, GNU/Linux or Mac OS X) or any virtual machine. "License" means a right to Use the Software granted by the Licensor under the terms and conditions defined in the present Agreement. 2. GENERAL USE 2.1. This right granted to you is a non-exclusive License to Use the downloaded Software on one System, through the R environment only and for an unlimited period of time. The Software under this Freeware License is provided free of charge. Even though a License fee is not paid for Using it, it does not mean that there is no condition. 2.2. The Software may be installed and Used by the Licensee for any legal purpose. 2.3. The Software can be copied and distributed according to the terms of this Agreement. Licensee is hereby licensed to make as many copies of this Software as long as Licensee does not charge money or requests fees or donations for such copies. Licensee may not alter this Software in any way, may not modify, rent or resell for profit this Software, or create derivative works based upon this Software. Licensor retains ownership of all copies of the Software. 2.4. The Licensor retains all copyrights and other proprietary right in and to the Software. 2.5. Use of this Software within the framework of this License is free of charge and no royalty or licensing fees shall be paid by the Licensee to the Licensor. However, the Licensee must acknowledge the Software in any publication or results for which it has been Used, as follows: =================================================================== MINES ParisTech / ARMINES ([year]). RGeostats: The Geostatistical R Package. Version: [version number]. Free download from: http://cg.ensmp.fr/rgeostats =================================================================== 2.6. All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to Licensor. 3. INTELLECTUAL PROPERTY RIGHTS 3.1. This License does not transmit any intellectual right on the Software. 3.2. Any copies that the Licensee is permitted to make pursuant to this Agreement must contain this Agreement, the same copyright and other proprietary notices that appear on or in the Software. 3.3. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee, without prior and written agreement of the Licensor, may not decompile, reverse engineer, and notably disassemble to have access to the source code of the Software. 4. LIMITATION OF WARRANTY LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SOFTWARE, AND ALL DOCUMENTATION. THE SOFTWARE AND ALL DOCUMENTATION ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY LICENSEE. LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR MONIES PAID OR PAYABLE BY THE LICENSEE. 5. NON-WAIVER AND APPLICABLE LAW This Agreement shall be governed by the French Law. If a portion of this Agreement is deemed unenforceable by a French court of competent jurisdiction, it shall not affect the forcibility of the other portions of this Agreement. 6. AUTHORS RGeostats team, 35, rue Saint Honoré 77300 FONTAINEBLEAU FRANCE EMail: rgeostats[at]geosciences.ensmp.fr Website: http://cg.ensmp.fr/rgeostats 7. COPYRIGHT COPYRIGHT © by MINES ParisTech / ARMINES. All rights reserved.