
# GATIAB SOFTWARE
# TERMS OF USE


*version 1.0, Last modified: October 17, 2024*


**Quick Summary**
The GATIAB software can be used for free for non-commercial purposes. If you
want to use the software for commercial purposes, please contact us.

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The GATIAB SOFTWARE is a service made available by HYGEOS, a company organised
and existing under the laws of France with an issued share capital of 84 850,- €
with its registered office at 165 Avenue de Bretagne – Parc Euratechnologies
– 59000 LILLE (France), registered at Lille Métropole under number 439 051 472,
hereinafter referred to as “Hygeos” By using the GATIAB SOFTWARE, you are
agreeing these Terms of Use.  Hygeos agrees to grant a license to the User on
the Software and the User undertake to comply with these Terms of Use.  Before
accepting These Terms of Use, the User made sure that:
* The Software fits with its needs and expectations,
* its information system has the necessary and sufficient technical
specifications and requirements for the installation and the operation of the
Software.

The User is informed and accepts that Hygeos can amend or modify these Terms of
Use at any moment. Any amendment or modification to these Terms of Use will be
made available on https://github.com/hygeos/gatiab. The User undertakes to
check regularly the last modified version Terms of Use in force made available
on the HYGEOS git GATIAB repository at https://github.com/hygeos/gatiab 
and recognizes and accepts to be bound by it.

## SECTION 1. DEFINITIONS
“Terms of Use” shall mean the present document, and all modifications and
additions to these documents made available to the User by publishing on
https://github.com/hygeos/gatiab.

“Effective Date” shall mean the date on which these Terms of Use enter in force
between the User and Hygeos as defined in Section 4.

“Contact Email” shall mean the email addresses identified in Section 17 by
which notifications between the User and Hygeos can be done.

“Software” shall mean the GATIAB SOFTWARE both in object code or source code
format, including accompanying documentation, and any upgrades, enhancements
and corrections made available on https://github.com/hygeos/gatiab
or made by the User. The Software allows generating Gaseous Transmissions
products from CKDMIP look-up tables and instrument relative spectral response.

“Territory” shall mean geographic areas where these Terms of Use applies and
identified in Section 3, which may be amended in writing upon mutual agreement
of the Parties to include additional geographic areas.

“User” shall mean the user of the Software who has accepted these Terms of Use.

## SECTION 2. RIGHT OF USE
Subject to the terms and conditions of these Terms of Use, Hygeos grants to the
User a personal, non-exclusive, non-transferable license to use the Software
for the exclusive purpose of scientific research excluding any commercial
purpose (hereinafter, the “Non-Commercial Purpose”).  The User may use the
Software in its source code format for its own use, and may translate or modify
the Software or incorporate them into other software. The User may not,
however, transfer or sublicense the Software to any third party, in whole or in
part, in any form, whether modified or unmodified. 

## SECTION 3. TERRITORY
The right of use of the Software described in Section 2 above shall be granted
for the country where the User is established.

## SECTION 4. TERM
These Terms of Use shall enter in force upon the User has accepted these Terms
of Use (the “Effective Date”). It shall be ended at any moment by one Party by
notification through the Contact Email.

## SECTION 5. DELIVERY OF THE SOFTWARE 
Hygeos will make available to the User the Software both in its source code
form the Effective Date and no later than five (5) days after the Effective
Date. The delivery shall be done by electronic means.

Hygeos authorizes the User to use or modify the source code of the Software
solely for the purpose to ensure the interoperability of the Software with its
information system or to enhance the Software or for scientific research. The
User shall notify Hygeos of each modification done by it to the source code of
the Software.

## SECTION 6. COPIES 
User may make copies of the Software both form as necessary for use by the User
and for backup or archive purposes. The User agrees to maintain records of the
location and use of each copy, in whole or in part, of the Software. Each copy
of the Software is copyrighted by Hygeos. The User agrees to reproduce and
apply the copyright notice and proprietary notice of Hygeos to all copies made
hereunder, in whole or in part and in any form, of Software. 

## SECTION 7. SUPPORT AND MAINTENANCE 
Hygeos will provide support and maintenance services according to this
Section 7.  Hygeos will provide adequate online support for the first installation of
the Software. Hygeos will also provide the following support and maintenance
services:
(i) If the User notifies Hygeos of a substantial program error
respecting the Software, or Hygeos has reason to believe that error exists in
the Software and so notifies the User, Hygeos shall at its own expense verify
and attempt to correct such error within thirty (30) days after the date of
notification. If the User is not satisfied with the correction, then the User
may terminate these Terms of Use, without any indemnification to the User.
(ii) In the case that the User has technical questions in the use of the
Software, the User may submit those questions to Hygeos.

## SECTION 8. PRICES AND PAYMENTS
These Terms of Use are subscribed for Non-Commercial Purpose as stated in
Section 2, and the use of the Software to this end is granted free of charge.

## SECTION 9. OWNERSHIP 
The original and any copies of the Software, made by the User, including
translations, compilations, partial copies, modifications, and updates, are the
exclusive property of Hygeos. 

## SECTION 10. PROPRIETARY RIGHTS 
The User recognizes that Hygeos regards the Software as its proprietary
information and as confidential trade secrets of great value. The User agrees
not to provide or to otherwise make available in any form the Software, or any
portion thereof, to any person other than employees of the User without the
prior written consent of Hygeos.
The User shall not disclose or copy to a third party the Software or any part
thereof.
The User further agrees to treat the Software with at least the same degree of
care with which the User treats its own confidential information and in no
event with less care than is reasonably required to protect the confidentiality
of the Software. 

## SECTION 11. DATA
The User is responsible of all data processed through the Software. Hygeos
shall not assume any responsibility toward:
* the ownership and rights on any data processed through the Software, and
* the fitness, the accuracy, the quality, the completeness of any data
processed through the Software.

The User ensures that it has sufficient rights to use and process the data. The
User warrants Hygeos against any claim from any third party regarding the data
it processed through the Software, including but not limited to ownership,
infringement, unfair competition. 

## SECTION 12. TERMINATION 
Hygeos may terminate these Terms of Use if User is in default of any of the
terms and conditions of these Terms of Use and fails to correct such default
within ten (10) days after written notice thereof from Hygeos. 

## SECTION 13. TERMINATION CERTIFICATE 
In the event of termination for whatever reason, the User shall:
* immediately stop use of the Software,
* provide on demand to Hygeos, within one (1) month, a certificate certifying
that the original and all copies of the Software, in whole or in part and in
any form, have been destroyed.

After termination of these Terms of Use for whatever reason, provisions of
Sections 9, 10, 11, 15 to 17, and 19 hereof shall survive. 

## SECTION 14. WARRANTY DISCLAIMER 
The User acknowledges and accepts, the Software "AS IS." HYGEOS PROVIDES NO
WARRANTIES AS TO THE FUNCTION OR USE OF THE SOFTWARE, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE USER. HYGEOS DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET USER’S
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE. 

## SECTION 15. PATENT AND COPYRIGHT INDEMNITY 
Hygeos will defend at its own expense any action brought against the User to
the extent it is based on a claim that the Software used within the scope of
the right of use granted hereunder infringe a patent, copyright or other
proprietary right of a third party. Hygeos will pay any costs, damages or
attorney fees finally awarded against the User in such action which are
attributable to such claim, provided Hygeos is promptly notified in writing of
such claim, may control the defense and/or settlement of such claim, and is
provided with all requested assistance, information and authority.

In the event that the Software becomes, or in Hygeos’ opinion is likely to become, the
subject of a claim of infringement of a patent, copyright or trade secret,
Hygeos may at its option either secure the User’s right to continue using the
Software, replace or modify the Software to make them not infringing. Hygeos
shall have no liability for any claim of patent, copyright or trade secret
infringement based on the use of the Software in any form other than the
original, unmodified form provided to the User or the use of a combination of
the Software with hardware, software or data not agreed by Hygeos where the
used Software alone in their original, unmodified form would not constitute an
infringement. The foregoing states the User's entire liability for infringement
or claims of infringement of patents, copyrights or other intellectual property
right. 

## SECTION 16. LIMITATION OF LIABILITY 
HYGEOS’ ANNUAL LIABILITY TO USER UNDER ANY PROVISIONS OF THIS AGREEMENT FOR
DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS PAID IN THE YEAR
CONCERNED BY THE USER TO HYGEOS. IN NO EVENT SHALL HYGEOS BE LIABLE FOR
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE,
LOSS OF DATA AND LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR
ON ANY THEORY OF LIABILITY. 

## SECTION 17. NOTICES 
All notices in connection with this Agreement shall be in writing and may be
given by registered mail or personally delivered at the address set forth on
the front page. Notices by email shall be deemed effective if sent to the
Hygeos’ and User’s Contact Email. 

## SECTION 18. SEVERABILITY 
In the event any provision of these Terms of Use is determined to be invalid or
unenforceable, the remainder of these Terms of Use shall remain in force as if
such provision were not a part. 

## SECTION 19. GOVERNING LAW
These Terms of Use shall be governed and interpreted by the laws of FRANCE and
Lille shall be the appropriate venue and jurisdiction for the resolution of any
disputes hereunder. Both Parties hereby consent to such personal and exclusive
jurisdiction. 

## SECTION 20. NON-ASSIGNMENT 
These Terms of Use and the right of use granted by it may not be assigned,
sublicensed, or otherwise transferred by the User without the prior written
consent of Hygeos.


