EMD owned software

General License Terms

With this agreement the above-mentioned company/institution/university/person (LICENSEE) licenses the right to install and use the below-mentioned software for a number of users not exceeding the purchased number of licenses specified in this agreement. If the license includes more than one license or later upgraded to more licenses, all additional licenses will have the same LICENSEE details (name and address) on the print outs from software as on the first license supplied.

The terms and conditions cover both the initial purchase of license(s), but also any future additional software purchases from EMD International A/S as well as future license renewals. The provisions in the current version of the “General Terms and Condition of Sale” published by EMD International A/S at https://www.emd-international.com/general-terms-and-conditions-of-sale/ shall apply in case the General License Conditions in this License Agreement are inadequate.

To use the software on a computer, an on-line license activation via the EMD activation server is necessary. The activation of a license on a computer is based on email and the Windows login of the user. An activated license on a computer can only be deactivated by the same user according to the time limit restrictions specified in the software and can then be activated by another user and/or on another computer.

A license or subscription can be activated by a user on a stationary and one additional computer (dominated as co-license) provided it is the same user.

The purchase price for the supplied license(s) from EMD International A/S includes one year of free support and maintenance (software upgrades and support) starting from the nearest monthly date from the delivery date. In the event of subsequent purchase of additional license(s), the expiry date or support and maintenance expiry date on these will be identical to the expiry date on the existing license(s). The final purchase price of any additional license(s) supplied will be synchronized to match the remaining license period of the earlier supplied license(s).

If support and maintenance for a standard license is discontinued on some of the additional licenses it will be considered as a downgrade. If the LICENSEE wishes to have the additional licenses included in the license again upon release of a new software version, the LICENSEE will have to purchase these additional licenses according to the current full price for additional licenses.

The purchase price for the license(s) and any other costs in connection with this agreement are payable upon issuance of order confirmation by EMD International A/S to the LICENSEE, unless other payment terms have been agreed.

EDU

The supplied licenses must ONLY be used for educational purposes within teaching and training. LICENSEE accepts that no commercial use is allowed, which will also be specified on all print outs from the software together with the name of the university / institution. LICENSEE accepts to pay EMD International A/S a financial compensation equal to the price difference to similar commercial software licenses if the usage terms are violated.

The supplied licenses are only valid for a TIME-LIMITED period of ONE YEAR starting from the beginning of the following calendar month after receipt of payment. Upon expiry, the software will return to demo mode.

EMD International A/S will only provide support to one appointed contact person of the university / institution.

All supplied licenses will have the same LICENSEE details (name and address) on the print outs from the software.

UNI standard license

The supplied license(s) can ONLY be used for research and educational purposes, no commercial use is allowed, which will be specified on all print outs from the software together with the name of the university / institution. LICENSEE accepts to pay EMD International A/S a financial compensation equal to the price difference to similar commercial software licenses if the usage terms are violated.

Restrictions, Disclaimer and Limitation of Liability

Article 1. Software Restrictions

No part of the program may be decompiled, disassembled, reverse-engineered nor may the source code be derived in any other way. No part of the program may be modified or used to derive other software products from it, including translation or localization, but excluding packaging for software distribution. If the Licensee is a legal entity, the Licensee can transfer usage rights to subsidiaries and/or affiliated companies whose relation is characterized by (a) majority ownership or majority-interest (b) being controlled or a controlling company (c) being in the same company group (d) cross-shareholding or (e) being parties to an enterprise agreement. Beyond subsidiaries and affiliated companies, the program or documentation may not be disclosed to or used by a third party without a written permission from EMD International A/S. License rights will be discontinued if the terms of payment are not respected.

Article 2. Disclaimer of Warranty and Limitation of Liability and of Remedies

a. The software is provided on an "as is" basis without warranty of any kind. EMD International A/S does not warrant, guarantee or make any representations regarding the functionality of the software, any results obtained by the use of the software and any software support provided by EMD International A/S and their Agencies/Partners in terms of correctness, accuracy, reliability, usefulness, or otherwise. The LICENSEE is solely responsible for the selection of the software, for the installation of, use of, and results obtained from the software and software support received. Also excluded is any implied warranty by EMD International A/S, such as merchantability, non-infringement and fitness for a particular purpose.

b. In no event will EMD International A/S be liable for indirect, consequential, incidental or special damages including, but not limited to, lost profits and lost savings arising out of the use or inability to use the software, even if EMD International A/S has been advised of the possibility of such damages or for any claim by the LICENSEE based on a third party claim.

c. For any claim whatsoever related to the subject matter of this Agreement, EMD International A/S’s liability for actual damages, regardless of the form of action, shall be limited to the amount paid to EMD International A/S for the license for the software that caused the damages or that is the subject matter of, or is directly related to, the cause of action.

d. The LICENSEE agrees to indemnify, defend and hold harmless, EMD International A/S for liability arising out of any negligent act or omission of the LICENSEE, its employees, contractors or agents with respect to the software.

e. No action, regardless of form, arising out of this Agreement, may be taken later than two years after the cause of action has arisen, except for breach of the provisions in article 1, for which four years shall apply.

Article 3. Arbitration

Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall - unless it is settled by direct negotiation - be settled by arbitration in accordance with the arbitration rules established by the United Nations Commission on International Trade Law (UNCITRAL) in effect on the date of this agreement. The number of arbitrators shall be one. The language to be used in the arbitrary proceedings shall be English. The place of arbitration shall be Copenhagen, Denmark. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute.

EMD WRF Europe+ & South Korea + SCRIPTING

General terms

By accepting these terms, the customer ("SUBSCRIBER") subscribes to have access to download time series from the EMD-WRF Europe+ - (hereinafter named "Data Set") - for a one-year period.

By accepting these terms, the customer ("SUBSCRIBER") subscribes to have access to download time series from the windPRO scripting service - First Subscription - (hereinafter named "Data Set") - for a one-year period.

To get access to download time series from the Data Set, on-line license activation with the windPRO license file via the EMD activation server is necessary. The activation of a subscription on a computer is based on the hardware ID of the computer and the Windows login of the user. A previously activated subscription on a computer can be deactivated by the same user, and it can subsequently be activated by another user and / or on another computer.

The purchase price includes free updates of the Data Set during the subscription period.

No user manual will be supplied as part of the subscription. Instead, please refer to the windPRO manual for a description on the dataset and instructions on how to access the data within windPRO.

Use of Services, Restrictions, Disclaimer and Limitation of Liability

Article 1:

Use of Services SUBCRIBER may download, view, copy and print Data Sets incorporated in or accessed through this subscription subject that the Data Sets are used solely for SUBSCRIBER's own personal, business or institutional use.

Article 2: Subscription Restrictions

SUBSCRIBER may not use the Data Sets as a component of or as a basis for derived products or services offered for sale, licensing or subscription to third parties without a prior written permission from EMD International A/S. A subscription will be discontinued, if this term is not respected.

Article 3: Disclaimer of Warranty and Limitation of Liability and of Remedies

a. The subscription is provided on an "as is" basis without warranty of any kind. EMD International A/S does not warrant, guarantee or make any representations regarding the functionality of the subscription service, any results obtained by the use of the Data Sets in terms of correctness, accuracy, reliability, usefulness, or otherwise. The SUBSCRIBER is solely responsible for the selection of Data Sets, for the downloading of, use of, and results obtained from using the Data Sets. Also excluded is any implied warranty by EMD International A/S, such as merchantability, non-infringement and fitness for a particular purpose.

b. In no event will EMD International A/S be liable for indirect, consequential, incidental or special damages including, but not limited to, lost profits and lost savings arising out of the use or inability to use the subscription service, even if EMD International A/S has been advised of the possibility of such damages or for any claim by the SUBSCRIBER based on a third party claim.

c. For any claim whatsoever related to the subject matter of this Agreement, EMD International A/S’s liability for actual damages, regardless of the form of action, shall be limited to the amount paid to EMD International A/S for the subscription that caused the damages or that is the subject matter of, or is directly related to, the cause of action.

d. The SUBSCRIBER agrees to indemnify, defend and hold harmless, EMD International A/S for liability arising out of any negligent act or omission of the SUBSCRIBER, its employees, contractors or agents with respect to the subscription service.

e. No action, regardless of form, arising out of this Agreement, may be taken later than two years after the cause of action has arisen, except for breach of the provisions in article 2, for which four years shall apply.

Article 4: Arbitration

Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall - unless it is settled by direct negotiation - be settled by arbitration in accordance with the arbitration rules established by the United Nations Commission on International Trade Law (UNCITRAL) in effect on the date of this agreement. The number of arbitrators shall be one. The language to be used in the arbitrary proceedings shall be English. The place of arbitration shall be Copenhagen, Denmark. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute

API

General terms

By accepting these terms, the customer ("SUBSCRIBER") subscribes to have API access to the EMD-WRF Europe+ (hereinafter named "Data Set") - for a one-year period initially.

To establish API access to the Data Set, Subscriber must follow the “Installation and Getting Started” instructions provided by EMD available from our documentation pages: https://help.emd.dk/mediawiki/index.php?title=Category%3AEMD-API

No user manual will be supplied as part of the subscription. Instead, please refer to the above-mentioned documentation with instructions on how to access the data.

EMD reserves the right to at EMD’s full discretion to make changes to the terms of this API subscription agreement from time to time. When these changes are made, EMD will notify users and make a new copy of the Terms available at https://api.emd.dk/ or such other URL as EMD may provide. A one-month grace period is always provided to accept the updated terms. You understand and agree that if you use the API access to the Data Set (as defined in Article 1 below) one month after the date on which the terms of this Agreement have changed, your continued use of the API is deemed acceptance of the updated terms. If a modification is unacceptable to you, you may terminate this agreement by immediately ceasing use of the API.

Use of Services, Restrictions, Acknowledgement, Performance, Updates, Support, Data Privacy, Disclaimer and Limitation of Liability

Article 1: Use of Services

API access to the Data Set is restricted to the SUBSCRIBER who has been granted or have purchased the API subscription. SUBSCRIBER is granted a limited, non-exclusive, and non-transferable license, during the term of this Subscription Agreement, to execute and use the API to interface to the Data Set for own internal business purposes and in accordance with the restrictions mentioned below.

Article 2: Subscription Restrictions

The following restrictions apply: Data downloads are unlimited however a fair use policy apply. Multiple, simultaneous download streams are not allowed. No re-selling or re-distribution of the data in an unmodified form (where the original numerical values in the dataset are left unmodified) is allowed. SUBSCRIBER is not allowed to license, sell, rent, assign, transfer, or make the API or API access token available to any third party. Commercial relicensing of the data is not permitted. EMD must be notified of and approve in writing any commercial data service offerings with re-licensing aimed at third parties. Any violation of the restrictions in this article will permit EMD to discontinue the subscription.

Article 3: Acknowledgement

API subscribers must clearly acknowledge EMD and its data providers as the source of data in any private or public disseminations: For details on how-to provide the attribution see the individual dataset documentation pages at the online-data wiki: https://help.emd.dk/mediawiki/

Article 4: Service Performance

EMD will use reasonable efforts to ensure the Data Set is available on a 24/7 basis. However, it is possible that on occasion the Data Set may be unavailable to permit maintenance or other development activity to take place at EMD, or in the event of internet access failure at internet services provider level or force majeure. EMD will use reasonable efforts to inform SUBSCRIBER advance details of any unavailability.

The Data Set interoperates with a range of third-party service features. EMD does not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, EMD may cease to make available that feature to the SUBSCRIBER. To avoid doubt, if EMD exercises its right to cease the availability of a third-party feature, the SUBSCRIBER is not entitled to any refund, discount, or other compensation.

Article 5: Updates

Update and changes of the API: EMD will notify the SUBSCRIBER one month in advance of any scheduled changes in the API endpoints. When a new version of an API is released, the old version will be marked as deprecated, but will still be available and maintained for a period of at least 3 years.

Article 6: Support Terms

EMD will provide Technical Support to SUBSCRIBER via both telephone and electronic mail on weekdays during the hours of 9:00 am through 4:00 pm CET time, with the exclusion of Danish National Holidays (“Support Hours”)

Article 7: Data Privacy

When a call is made to our API via your application credentials, we will receive the following information: content of the API call, time stamp and the IP address from which the call was made. We shall process any Personal Data we receive through the API in line with the General Data Protection Regulation (EU) 2016/679 and later amendments and our Privacy Policy. You agree to make the EMD Privacy Policy readily available to the users of your Products.

Article 8: Disclaimer of Warranty and Limitation of Liability and of Remedies

a. The API subscription is provided on an "as is" basis without warranty of any kind. EMD International A/S does not warrant, guarantee or make any representations regarding the functionality of the API subscription service, any results obtained by the use of the Data Set in terms of correctness, accuracy, reliability, usefulness, or otherwise. The SUBSCRIBER is solely responsible for the selection of Data Set, for the downloading of, use of, and results obtained from using the Data Set. Also excluded is any implied warranty by EMD International A/S, such as merchantability, non-infringement and fitness for a particular purpose.

b. In no event will EMD International A/S be liable for indirect, consequential, incidental or special damages including, but not limited to, lost profits and lost savings arising out of the use or inability to use the API subscription service, even if EMD International A/S has been advised of the possibility of such damages or for any claim by the SUBSCRIBER based on a third party claim.

c. For any claim whatsoever related to the subject matter of this Agreement, EMD International A/S’s liability for actual damages, regardless of the form of action, shall be limited to the amount paid to EMD International A/S for the API subscription that caused the damages or that is the subject matter of, or is directly related to, the cause of action.

d. The SUBSCRIBER agrees to indemnify, defend, and hold harmless, EMD International A/S for liability arising out of any negligent act or omission of the SUBSCRIBER, its employees, contractors, or agents with respect to the API subscription service.

e. No action, regardless of form, arising out of this Agreement, may be taken later than two years after the cause of action has arisen, except for breach of the provisions in article 2, for which four years shall apply.

Article 9: Arbitration

Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall - unless it is settled by direct negotiation - be settled by arbitration in accordance with the arbitration rules established by the United Nations Commission on International Trade Law (UNCITRAL) in effect on the date of this agreement. The number of arbitrators shall be one. The language to be used in the arbitrary proceedings shall be English. The place of arbitration shall be Copenhagen, Denmark. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute.