Δ DELTA Benchmarking

Fairmode Tools and Software

Registration

Your credentials are requested for downloading the DELTA tool and its associated components. You can apply for a personal password by filling in the application form below. Note that some of the tools in the download area are still under development and reserved to the members of the FAIRMODE (Forum for air quality modelling in Europe). If you already have a user name and a password, please proceed to the Download Area

Application form

 
 
 
 

Tools and software (select desired options)

Licence agreement

By selecting the "accept licence agreement" button and/or by using, copying or distributing this Software or any portion thereof, YOU (the "User") ACCEPT ALL TERMS AND CONDITIONS OF THIS LICENCE, including in particular the limitations on use, transferability, warranty and liability. The following terms and conditions are enforceable against you and any legal entity that obtained the Software and on whose behalf it is used. If you are agreeing to these terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity to these terms. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT WISH TO BE BOUND TO THESE TERMS DO NOT USE THIS SOFTWARE.

The European Union (hereinafter "the Licensor") is the owner of the copyright and other intellectual and industrial property rights, trade secrets, and know-how related to the Software over which is has the power of disposal regardless geographical or other limitations. Delta is an evaluation tool that enables the comparison between modelled and monitored data. It offers the user a choice amongst various diagrams and statistical indexes. The software is developed to support Member States, Regions and modelling groups in general in their applications, and especially those related to the EU Air Quality Directive.

1. Definitions

The under mentioned terms printed with an initial capital letter shall have herein the following meanings unless the context otherwise requires:

- "Computer" shall mean an electronic device that accepts information in digital or similar form and manipulates it for specific results based on a sequence of instructions.

- "Effective Date" shall mean the date of first Use by the User.

- "Parties" shall jointly refer to both the Licensor and the User in this licence while "Party" shall refer to either of the Parties as the context provides.

- "Software" shall mean any series of instructions constituting a computer-executable program or programs as well as any modification or updated versions of the computer software. The Software means also all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media being object of this licence.

- "Software Package" shall mean the Software and any support materials licensed by the Licensor and any developments on it done by the Licensor, including but not limited to manuals, flow charts and specifications relating to the Software as well, as described in Annex A.

- "Use" or "Used" in connection with the Software, as defined below, shall mean storing any portion of the Software in a machine, and/or transmitting any portion of the Software to a machine for processing and/or compiling, executing or interpreting any machine instructions contained in the Software, and/or displaying any portion of the Software in connection with the processing of such machine instructions.

2. Grant of rights and limitations

.1. Subject to compliance with the terms of this licence, the Licensor grants the User a personal, non-exclusive and royalty-free licence to Use the Software and Software Package.

.2. The User may install and Use the Software within the computer environment of the User, including internal network deployments and/or several separate standalone deployments.
The User may produce and maintain one copy of the Software.

.3. The User may make copies of the Software, solely in machine readable form for back-up and archival purpose, provided that User reproduces on this copy all the proprietary notices which appear on or in the Software and that the backup copy is not installed or used on any Computer outside the computer environment of the User.

.4. The User may not rent, lease, sublicense, assign, transfer or grant any kind of rights regarding the Software and Software Package or any portions thereof in any form to any third party except as may be expressly permitted herein.

.5. The User may not modify, translate, reverse engineer, decompile, dissemble, create derivative works based on, or copy the Software or any part of the Software, except otherwise allowed by law.

.6. The User may not remove or alter any Software identification, proprietary notices, labels or trademarks which appear on or in the Software and Software Package.

.7. The Licensor shall have no obligation for the installation, technical support and maintenance of the Software.

3. Ownership and licence

.1. The Software and Software Package is not sold to User who shall not acquire any right, title or interest (including without limitation copyright or other right in the nature of copyright or any other intellectual property right whatsoever) in the Software and Software Package, which shall remain the sole property of the Licensor.

.2. Any copy or partial copy of the Software and Software Package shall be owned by the Licensor subject to the license rights granted to the User and shall be considered as being regulated by this licence.

.3. The User's rights to Use the Software and Software Package are specified in this licence, and the Licensor retains all rights not expressly granted to User in this licence. No right or licence under any patent application, issued patent, know-how or other proprietary information is granted or shall be granted by implication unless provided herein.

4. Duration and termination

.1. This licence is granted on a perpetual basis and shall be effective as of the Effective Date. However, Licensor and User may agree to terminate this licence at anytime without cause.

.2. This licence shall automatically terminate with an immediate effect if the User is in breach of this licence. This termination shall not prevent the Licensor from claiming any further damages. Upon termination for any reason, the User shall destroy or return the Software and Software Package to the Licensor and any copy made partial or whole in its possession. Upon termination for any reason and subject to a written request from the Licensor, the User shall certify by means of a written document duly signed by a legal representative that the provisions of the present Article have been respected, and this within a time limit of fifteen (15) calendar days as from the date of the request.

.3. The termination shall not relieve the User from its liability to respect all the obligations claimable before the termination date. In particular, the provisions of the obligations relating to the performance, the disclaimer of guarantees and warranties and the indemnification and limitations of liabilities shall survive the termination of this licence, howsoever caused, but this shall not imply or create any continued right to Use the Software and Software Package after termination of this licence.

5. Intellectual property rights

.1. The name, the copyright and the intellectual and industrial property rights related to the Software and Software Package are the exclusive property of the Licensor. The User shall not at any time and under any circumstances use the name and the copyright without prior written permission of the Licensor. The User undertakes not to file trademark applications in view of protecting the denomination of the Software on their own name.

.2. Third-party proprietary or open source software necessary for the functioning of the Software may be distributed in bundle with the Software Package. Such distribution and use are strictly subject to the terms and conditions set forth in the respective licences, as provided in Annex A, to which the User accepts to be bound.

6. Guarantees, warranty and limitations of liabilities

.1. The Software is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, any implied warranty against infringement of third parties' property rights, of merchantability, integration, satisfactory quality and fitness for a particular purpose.

.2. The entire risk as to the Use, quality, and performance of the Software is with the User. The Licensor will not be liable for any incidental, consequential, direct or indirect damages including but not limited to the loss of data, lost profits, or any other financial loss arising from the Use of, or inability to Use, even if the Licensor has been notified of the possibility of such loss, damages, claims or costs or for any claim by any third party.

7. Applicable law and legal venue

.1. This licence shall be governed by the law of the European Union and, where necessary, by the substantive law of Belgium.

.2. In case of any dispute or difference between the Parties arising out of or in connection with this licence, the Parties shall seek to settle it by mutual agreement. Such effort shall be deemed to have failed when one of the Parties so notifies the other in writing. In thatcase, each Party may initiate proceedings before the General Court of the European Union in Luxembourg.

8. Administrative provisions

.1. Any communication and correspondence from the User with reference to this licence shall be made in writing and addressed to the addresses listed in this website contact section

Please, type the code and accept the license agreement

    

 
The approval may take up to three days. Additional submissions will not be taken into account.