MIST for Windows

Terms and Conditions for Software License

§ 1 Background

1.1 These terms and conditions for software license (the “Terms”) shall apply for Mist, a program package for visualization and characterization of 3D geometries (the ”Software”). The Software has been developed as a part of a research project. The researchers hold the copyright to the Software and are hereinafter referred to as the “Copyright Holders”.

1.2 These Terms apply for a downloadable version of the Software in executable, binary format (but which does not include the source code).

1.3 By accessing, downloading, installing, using or copying the Software, you agree to these Terms. Your use of the Software is thus conditional on your agreement to these Terms.

§ 2 Grant of License

2.1 Subject to these Terms, you may:
• Use the Software.

2.2 The license is provided on a non-exclusive basis. The Software may be used for both non-commercial and commercial purposes, but may not be distributed or sold, and are subject to other restrictions, as specified in Section 4 below.

2.3 All other rights to the Software are reserved by the Copyright Holders.

2.4 The license is valid until further notice and will be automatically revoked if you are in breach of these Terms.

2.5 No fee shall apply for the license as specified above.

§ 3 Attribution, Citation and Feedback

3.1 You may not remove any attribution to the Copyright Holders.

3.2 If the Software is used in connection with any scientific publication, the following citation to the Copyright Holders shall be included in the publication: Mist – A program package for visualization and characterization of 3D geometries. 2019. S. Barman, D. Bolin, C. Fager, T. Gebäck, N. Lorén, E. Olsson, H. Rootzén, and A. Särkkä.

3.3 You are not obligated to provide any feedback, including reports on bugs or errors, suggested modifications or any other kind of feedback, to the Copyright Holders, but if you do, the Copyright Holders shall have the right to use such feedback for any purpose and without any other limitation, without any payment or other consideration to you.

§ 4 Restrictions

4.1 You may not:
• Modify, change, adapt or create derivative works based on the Software;
• Sell, distribute, or otherwise provide access to the Software; or
• Decompile, reverse engineer, disassemble or otherwise reduce the
Software to a humanly perceivable form (except to the extent this is
expressly permitted in accordance with mandatory applicable law in
your jurisdiction).

§ 5 No Further Services

5.1 The Copyright Holders do not undertake to offer any updates, modifications, support or services in connection with the Software.

5.2 You are, however, certainly welcome to contact the Copyright Holders. See https://mist.math.chalmers.se/ for contact information.

§ 6 Disclaimers and Limitations of Liability

6.1 To the full extent permitted by applicable law, the Copyright Holders hereby disclaim all liability whatsoever for the Software.

6.2 The Software is provided on an “as is” basis. No warranties, express or implied, are provided for any functionality, fitness for any purpose or use, quality, reliability, results, or that the Software does not infringe on any third party rights. There is no warranty that the Software will be error-free or will function without interruption.

6.3 When using the Software, you do so completely at your own risk, and you also assume the entire risk for any results obtained by using the Software, as well as for any conclusions drawn and any actions taken based on such results. You agree to fully indemnify the Copyright Holders for any damages, direct or indirect, due to your use of the Software.

6.4 The Copyright Holders shall in no event be liable for any lost income, profit or data, or for any indirect or consequential damages. The Copyright Holders’ total maximum liability shall never exceed the amount paid by you to the Copyright Holders for the Software under these Terms.

§ 7 Term and Termination

7.1 The license is valid until further notice, and may be terminated as follows: The license will be automatically revoked with immediate effect if you are in breach of these Terms.

7.2 You may terminate the license at any time with immediate effect, by ceasing any use of the Software and deleting all copies of the Software in your possession. However, you are still responsible for your obligations to indemnify the Copyright Holders in accordance with Section 6.3, for any damages due to your use of the Software during the license term, even if claims for such damages arise after termination.

§ 8 Severability

8.1 The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of these Terms as a whole or in part. The provision held to be invalid and/or unenforceable shall only be ineffective to the extent of such unenforceability or invalidity.

§ 9 Governing Law and Dispute Resolution

9.1 These Terms shall be governed by the laws of Sweden, without any reference to its conflict of law principles.

9.2 Any dispute arising in connection with these Terms shall be finally resolved by the city court of Göteborg, Sweden.

 

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The installation of the Mist software also requires downloading and installing the OpenJDK library, subject to its own license.

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VTK is an open-source toolkit licensed under the BSD license.

Copyright (c) 1993-2008 Ken Martin, Will Schroeder, Bill Lorensen
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither name of Ken Martin, Will Schroeder, or Bill Lorensen nor the names of any contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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