PLEASE READ THIS SINGLE USER LICENCE AGREEMENT FOR FLAIR CAREFULLY: This Licence is an agreement between You and the European Organization for Nuclear Research (“CERN”) and governs Your Use of the Software (as defined below).
Flair Version 3, an advanced user-friendly interface suitable for FLUKA and other simulation codes, results from the work performed by Vasilis Vlachoudis and other contributors. The copyright in Flair Version 3 is entirely vested in CERN.
By clicking on “I Agree” or by Using the Software, You agree to be bound by the terms of this Licence. If You do not agree with the terms of this Licence, You may not Use the Software.
Copy means reproduction in any material form, and storage in any medium. “Copies” shall be interpreted accordingly;
Export Control Regulations means Laws that control the export, transit and brokering of dual-use items, i.e. goods, software and technology that can be used for both civilian and military applications;
Flair means version 3 of the Flair computer programme, an advanced user-friendly interface suitable for FLUKA and other simulation codes, available from http://cern.ch/flair;
Laws means all CERN rules and regulations and all laws, treaties, rules, regulations and orders of any local, national, or other authority having jurisdiction over You, relevant for the execution of this Licence;
Make Available means to market, distribute, transfer, license or sub-license, or in any way dispose of or make available;
Modifications means any modification, enhancement, adaptation, translation, abridgement, condensation, revision or re-write. “Modifies” and “Modified” shall be interpreted accordingly;
Software means Flair, as well as accompanying documentation and any other information CERN may provide to You in relation thereto;
Use means to download, install, Copy, access or otherwise use Flair. “Using” shall be interpreted accordingly;
You means the individual licensing the Software under this Licence. “Your” shall be interpreted accordingly.
2. Licence Grant
CERN hereby grants You a personal, non‑transferable, non‑sublicensable, non‑exclusive, royalty-free source code licence to Use the Software for internal scientific, non-military and non‑commercial purposes only. You may not Modify nor Make Available the Software.
CERN reserves all rights not expressly granted to You under this Licence. Without prejudice to the generality of the foregoing CERN grants no rights to any intellectual property other than the copyright in the Software.
3. Technical Assistance
CERN operates a User Forum to provide assistance related to the Use of the Software. You shall address all requests for assistance through such FLUKA User Forum at CERN, available at https://fluka-forum.web.cern.ch
4. Your Obligations
You shall use the Software in accordance with best practice and professional standards and always for non-military purposes only.
In exercising Your rights under this Licence, You shall comply with all applicable Laws and Export Control Regulations, and shall at all times be solely responsible and liable for such due compliance.
You shall report as soon as practically possible any errors or bugs found in any portion of Software to the FLUKA User Forum at CERN.
5. Limitations and Restrictions
You shall not:
(a) Make Available the Software to, or allow the Use of the Software by, any other person or entity;
(b) Modify the Software;
(c) remove, modify, or conceal any copyright notice or other marks on or within the Software; and
(d) transfer, sublicense, or assign Your rights under this Licence to any other person or entity.
You shall explicitly acknowledge Your Use of the Software in any publication or communication, scientific or otherwise, relating to such Use, by citing the Flair set of references found in the Flair manual.
You shall ensure that the Software set of references, the relevant copyright notices and the terms of this Licence are not altered or removed from the Software and that all embodiments of the Software contain in full the Software set of references, the relevant copyright notice, and the terms of this Licence.
7. Warranties and Limitation of Liability
THE SOFTWARE, AND ANY TECHNICAL ASSISTANCE, AS THE CASE MAY BE, IS PROVIDED “AS IS”, AND CERN DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND CONCERNING THE SAME, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF RIGHTS OF THIRD PARTIES, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CERN DOES NOT PROVIDE ANY WARRANTIES REGARDING THE CONTINUOUS OR FUTURE PROVISION OF THE SOFTWARE, ANY UPDATE OR NEW VERSION, OR ANY TECHNICAL ASSISTANCE RELATED THERETO.
CERN DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR INTERRUPTION OF ACTIVITIES, ARISING OUT OF OR RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) YOUR COMPLIANCE OR NON-COMPLIANCE WITH LAWS AND EXPORT CONTROL REGULATIONS. YOU SHALL HOLD CERN FREE AND HARMLESS FROM AND INDEMNIFY IT AGAINST ALL CLAIMS AND LIABILITY WITH REGARD TO THE SUBJECT MATTER OF THIS SECTION.
8. Duration and Termination
This Licence is effective upon You clicking on “I Agree” or Using the Software, and shall remain in effect until expired or otherwise terminated.
This Licence expires two years after the release date of the Software. On such expiration date, You will no longer be able to Use the Software.
You may terminate this Licence at any time by ceasing Use of or destroying all copies of the Software. This Licence will terminate automatically and without notice if You fail to comply with any of its terms.
Upon expiration or termination of this Licence, You shall destroy all copies of the Software in Your possession or control.
Sections 5 (Limitations and Restrictions), 6 (Acknowledgement), 7 (Warranties and Limitation of Liability), and 10 (Applicable Law and Dispute Settlement) shall survive expiration or termination of this Licence.
10. Applicable Law and Dispute Settlement
The terms of this Licence shall be interpreted in accordance with their true meaning and effect, and independently of any national or other laws. Without prejudice to CERN’s status as an Intergovernmental Organization, reference shall be made to Swiss substantive law where: (a) a matter is not specifically covered by this Licence; or (b) a term of this Licence is ambiguous or unclear.
Reference to Swiss substantive law shall be made exclusively for the matter or the term concerned, and shall in no event apply to the other terms of this Licence.
Any dispute under this Licence that fails to be settled amicably shall be
referred to arbitration on the basis of CERN’s status as an
Intergovernmental Organization, and in accordance with the procedure defined