By registering, you vouch from being in accordance with the license below :
License agreement for final user of BILJOU tool
- Tool : means the BILJOU web site including :
- - the BILJOU© software filed in the name of INRAE at the APP under the number IDDN.FR.001.150009.000.R.P.2010.000.30200 ;
- - the associated documentation (explanatory files or any other written document);
- - any updates, modified versions, changes, copies ;
- - the internet tool which is accessible : https://appgeodb.nancy.inra.fr/biljou/ and which has been developed with the support of the RMT AFORCE, the GIP ECOFOR and the LABEX ARBRE.
- means access to the BILJOU software via the internet interface, its execution, or any other advantage resulting from the use of its functions.
- means Institut National de la Recherche pour l'Agriculture, l'Alimentation et l'Environnement, Paris, France, as well as any affiliate(s) of INRAE and/or any co owner or co author of the rights on the software.
- Final user
- means the beneficiary of this License aimed at conducting research works or teaching activities and hereafter referred to as "the Beneficiary".
- Field of the license
- means research and development activities aimed at the production of scientific knowledge or teaching. Is excluded of this field any commercial use, whatever to supply services to third parties or to sell any product of commercial value, except specific and written consent from INRAE.
- means the results of simulation obtained through the execution of the Tool (files or graphs)
2) Context and subject
The BILJOU Tool is a robust simulating model of water fluxes and water balance in forest stands. It works on a daily time resolution with standard weather data which are provided by the Final user and needs few parameters. The aim of this licence agreement is to define the conditions under which INRAE authorised the Final user to use the Tool.
3) Intellectual Property Rights
- The TOOL, as well as any copy of it, are the intellectual property of INRAE. The structure, the organization and the source code are confidential information that The Beneficiaryis not allowed to disclose, except for the purposes mentioned in this licence agreement.
- The author –INRAE- reserves itself all rights that are not expressly cited in the present license agreement.
4) License of the Tool
INRAE grants to The Beneficiary a) by this licence agreement a non-exclusive, world-wide and royalty-free license to use the Tool to the end described hereunder in the Field of the license, as long as The Beneficiary complies with the terms and conditions of this licence agreement.
The Beneficiary b) is only authorised to execute the Tool.
The Tool is executable via the internet interface at the following address : https://appgeodb.nancy.inra.fr/biljou/, after prior authorization of INRAE and the grant of a personal login and password.
The authorisation (login and password) as well as the licence agreement are personal.
The Beneficiary is not authorised to execute the Tool otherwise than defined in 4b)
The Beneficiary is not authorised to rent, sell, sublease, distribute, assign, transfer, license, sublicense or otherwise share the Tool..
INRAE reserves itself the right to correct errors and to determine the specific forms to which the following acts will be submitted :
The copy of the source code of the software or the translation of this code are totally forbidden even when they are essential for the interoperability of the software with other softwares. Moreover, The Beneficiary is not authorized to undertake reverse engineering, to disassemble or decompile the software. Necessary information for the interoperability is available from INRAE, without implying as regard to INRAE any undertaking to supply any assistance or services associated with the software.
The Beneficiary g. is authorised to extract (i.e. to transfer on a permanent or temporary basis) all or part of the content of the Results on any medium, by any means or under any form. Moreover, the Beneficiary is allowed to reuse all or part of the Results in whatever form.
5) Limitation of warranty
The Beneficiary acknowledge that the actual state of scientific and technical knowledge do not allow to test and check all uses of the Tool, nor to detect the existence of possible defects. The Beneficiary acknowledges that the changes, the Use, the modification, the development, the reproduction of the Tool are deemed to be executed by experimented users and contain risks. The Beneficiary is responsible for the checking by any means of the fitness of the Tool for its own needs, for checking of its operation, for its Use in conditions that do not cause any damage to persons or goods.
TheSoftware is provided « as is », without warranties express or implied other than the existence of the Tool, including all disclaimer of warranty relating to a title or deed (of property or exploitation), the absence of infringement, the merchantability, the secured, innovative or accurate features of the Tool, the absence of errors, the suitability with The Beneficiary’s equipment and/or software configuration.
The Beneficiary accepts to mention by an appropriate citation in any public report or publication that the Results have been obtained by using the Tool created by INRA. The Beneficiary shall systematically indicate the following acknowledgment: "simulation obtained via internet with the Biljou© modelling tool (https://appgeodb.nancy.inra.fr/biljou/)" and shall cite in the bibliography the following reference: GRANIER A., BRÉDA N., BIRON P., VIVILLE S. (1999) A lumped water balance model to evaluate duration and intensity of drought constraints in forest stands. Ecological Modelling, 116, 269-283 »
7) Disclaimer of liability
INRAE cannot be held liable against no one :
- for any damage due to the complete or partial breach of the Beneficiary’s obligations;
- for any direct or indirect damages resulting of the Use or the performance of the Tool caused to the Final User
- for any indirect damage arising from the Use or the performances of the Software.
The parties expressly agree that any financial or commercial prejudice (for instance loss of data, loss of customers or orders, loss of profit, operating loss, loss of revenue, commercial disturbance) or any action against The Beneficiary by a third party is considered as an indirect damage and cannot be subject to indemnification by INRAE.
8) Entry into force and termination of agreement
This licence agreement shall enter into force at the date of signature by the Beneficiary for one (1) year. In case of failure of the Beneficiary to comply with any term of this licence agreement, the license shall be automatically terminated.
9) Applicable law
This licence agreement and all disputes arising out of the execution or interpretation of this license agreement shall be governed by French law.
The parties undertake to settle their differences amicably. In case of persistent disagreement, the courts of Paris shall be competent.