SECTION 1: SCOPE OF LICENSE
With CASFOR is meant the consortium of CASFOR-II project partners consisting of Wageningen
University, Alterra, CATIE, UNAM, and EFI as detailed at the CASFOR webpages
(http://dataservices.efi.int/casfor/).
CASFOR can be represented by its coordinator or by any one of the partners, provided the partner has a written agreement with,
and mandate of at least three of the other partners in the consortium.
CASFOR grants you a non-exclusive right to use a single copy of the CO2FIX software program
(here called the "Software"). You are licensed to copy this program onto one computer for your personal use.
SECTION 2: NO COMMERCIAL EXPLOITATION
You are not allowed to commercially exploit the Software in any of the following ways:
1) Rent, lease, sell or otherwise disseminate the Software
2) Offer the Software on a pay-per-play basis
3) Distribute the Software for money or other consideration
4) Commercially exploit the Software. This includes using the Software in conjunction with the
advertising, promotion or endorsement of any product or service. Sale of the written reports associated
with the Software can only be done after purchasing a special license.
SECTION 3: NO ILLEGAL USE
By agreeing to this licence, you hereby agree that your use of the Software will comport and
comply with all applicable federal, state, local and national laws. CASFOR retains the right,
if given notice of use of the Software in breach of this material term of the license, to rescind this agreement.
SECTION 4: RESTRICTIONS
CASFOR does not give you the right to distribute, electronically or otherwise copies of the Software.
You agree that you shall not (a) decompile, disassemble, reverse engineer or otherwise attempt to discover
any source code or underlying trade secrets pertaining to the Software, (b) reproduce the Software, or (c) modify, market,
sublicense, or distribute the Software.
SECTION 5: TITLE AND RIGHTS NOT GRANTED RETAINED BY CASFOR-II
CASFOR retains the title to all intellectual property rights, including copyrights, trademarks and trade names,
in the Software and any accompanying documentation. CASFOR retains all rights not explicitly granted by the terms
of this license agreement.
SECTION 6: REMEDIES FOR BREACH
The terms in Sections 1, 2, 3 and 5 of this agreement are material terms essential to the purpose of this agreement.
You agree that any breach by you of these terms is a material breach, granting CASFOR the right to rescind the agreement.
Failure by CASFOR to exercise such remedies in other instances is no waiver of its right to enforce these remedies in
any particular instance.
SECTION 7: TERMINATION
Either party may terminate this license agreement immediately in the event of breach or default by the other party.
Upon any termination of this agreement, you shall immediately discontinue the use of the Software, and shall within 14
days return to CASFOR all copies of the Software and any accompanying documentation. You may also terminate this license
agreement at any time by destroying the Software, any accompanying documentation, and copies thereof.
SECTION 8: LIMITED WARRANTY
CASFOR warrants that if properly installed and operated on a computer for which it is designed, the Software will
perform in accordance with its documentation. CASFOR's entire liability and your exclusive remedy shall be, at
CASFOR's option, either (a) a return of the retail price that you paid, if any, or (b) repair or replacement of the
Software that does not meet CASFOR's Limited Warranty. This limited warranty holds until one month after downloading
the Software.
SECTION 9: NO OTHER WARRANTIES
CASFOR disclaims all other warranties, expressed or implied, including, but not limited to, implied warranties of
merchantability or fitness for a particular purpose with respect to the Software and the accompanying written materials,
if any. CASFOR does not warrant that the operation of the software will be error free or meet your specific requirements.
SECTION 10: LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, will CASFOR or its dealers, suppliers or
resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any
character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction,
or any and all other commercial damages or losses. In no event will CASFOR be liable for any damages in excess of the
amount paid, if any, by the licensee for the Software, even if CASFOR shall have been informed of the possibility of such
damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal
injury to the extent applicable law prohibits such limitation. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so this limitation and exclusion may not apply to you.
SECTION 11: MISCELLANEOUS
The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein,
and CASFOR agrees to furnish the software and documentation only upon these terms and not those contained in your purchase order.
This agreement shall be governed by and construed under Dutch law.
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Use of the model should be acknowledged in publications by making reference to both of the following publications:
- Schelhaas, M.J., P.W. van Esch, T.A. Groen, B.H.J. de Jong, M. Kanninen, J. Liski,
O. Masera, G.M.J. Mohren, G.J. Nabuurs, T. Palosuo, L. Pedroni, A. Vallejo, T.
Vilén, 2004. CO2FIX V 3.1 - description of a model for quantifying carbon
sequestration in forest ecosystems and wood products. ALTERRA Report 1068.
Wageningen, The Netherlands.
- Masera, O., Garza-Caligaris, J.F., Kanninen, M., Karjalainen, T., Liski, J., Nabuurs, G.J., Pussinen, A., de Jong, B.J. & Mohren,
G.M.J. 2003.
Modeling carbon sequestration in afforestation, agroforestry and forest management projects: the CO2FIX V.2 approach.
Ecological Modelling 164: 177-199.
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