Last updated: 29 June 2020
PLEASE READ THIS SINGLE USER LICENCE AGREEMENT FOR FLUKA CAREFULLY: This Licence is an agreement between You and the European Organization for Nuclear Research (“CERN”) and governs Your Use of the Software (as defined below). Work-related Use of the Software by CERN Employed Members of Personnel, or by persons affiliated with an entity that holds an Institute Licence Agreement, is governed by other terms, available at https://fluka.cern/download/licences.
FLUKA is a fully integrated particle physics Monte-Carlo simulation software package. Developments made until 31 August 2019 were done under a collaboration between CERN and the Italian National Institute for Nuclear Physics (“INFN”), who jointly own the copyright thereto. The copyright in further developments made as of 1 September 2019 is entirely vested in CERN.
By clicking on “I Agree” or by Using the Software, You agree to be bound by the terms of this Licence. If You do not agree with the terms of this Licence, You may not Use the Software.
1. Definitions
Copy means reproduction in any material form, and storage in any medium. “Copies” shall be interpreted accordingly;
Export Control Regulations means Laws that control the export, transit and brokering of dual-use items, i.e. goods, software and technology that can be used for both civilian and military applications;
FLUKA means the version of the fully integrated particle physics Monte-Carlo simulation computer programme available from https://fluka.cern/ that this Licence accompanies. It consists of the FLUKA computer programme in binary form, the FLUKA User Routines, and the FLUKA data libraries;
FLUKA User Routines means the set of subroutines collected in the src/user directory of the FLUKA computer programme source code, and forming part of the standard distribution of FLUKA;
Laws means all CERN rules and regulations and all laws, treaties, rules, regulations and orders of any local, national, or other authority having jurisdiction over You, relevant for the execution of this Licence;
Make Available means to market, distribute, transfer, license or sub-license, or in any way dispose of or make available;
Modifications means any modification, enhancement, adaptation, translation, abridgement, condensation, revision or re-write. “Modifies” and “Modified” shall be interpreted accordingly;
Software means FLUKA, as well as accompanying documentation and any other information CERN may provide to You in relation thereto;
Use means to download, install, Copy, access or otherwise use FLUKA. “Using” shall be interpreted accordingly;
You means the individual licensing the Software under this Licence. “Your” shall be interpreted accordingly.
2. Licence Grant
CERN hereby grants You a personal, non transferable, non sublicensable, non exclusive, royalty-free licence to Use the Software for internal scientific, non-military and non commercial purposes only. You may not Modify nor Make Available the Software, except that You may Modify FLUKA User Routines to the extent that these Modifications do not circumvent, replace, add to or modify any of the functions of the FLUKA computer programme.
CERN reserves all rights not expressly granted to You under this Licence. Without prejudice to the generality of the foregoing CERN grants no rights to any intellectual property other than the copyright in the Software.
3. Technical Assistance
CERN operates a User Forum to provide assistance related to the Use of the Software. You shall address all requests for assistance through such FLUKA User Forum at CERN, available at https://fluka-forum.web.cern.ch.
4. Your Obligations
You shall use the Software in accordance with best practice and professional standards and always for non-military purposes only.
In exercising Your rights under this Licence, You shall comply with all applicable Laws and Export Control Regulations, and shall at all times be solely responsible and liable for such due compliance.
You shall report as soon as practically possible any errors or bugs found in any portion of Software to the FLUKA User Forum at CERN.
If You believe that Your Modifications to the FLUKA User Routines could be of general interest and, therefore, worth considering inserting into future releases of the Software, please contact the CERN Knowledge Transfer Group at kt@cern.ch.
5. Limitations and Restrictions
You shall not:
(a) make Available the Software to, or allow the Use of the Software by, any other person or entity;
(b) modify the FLUKA computer programme, FLUKA data libraries, or any documentation related to FLUKA;
(c) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code from the FLUKA binary code or FLUKA data libraries (except as and only to the extent that any foregoing restriction is prohibited by Law);
(d) remove, modify, or conceal any copyright notice or other marks on or within the Software; and
(e) transfer, sublicense, or assign Your rights under this Licence to any other person or entity.
6. Acknowledgement
You shall explicitly acknowledge Your Use of the Software in any publication or communication, scientific or otherwise, relating to such Use, by citing the FLUKA set of references https://fluka.cern/documentation/references.
You shall ensure that the Software set of references, the relevant copyright notices and the terms of this Licence are not altered or removed from the Software and that all embodiments of the Software contain in full the Software set of references, the relevant copyright notice, and the terms of this Licence.
7. Warranties and Limitation of Liability
THE SOFTWARE, AND ANY TECHNICAL ASSISTANCE, AS THE CASE MAY BE, IS PROVIDED “AS IS”, AND CERN DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND CONCERNING THE SAME, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF RIGHTS OF THIRD PARTIES, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CERN DOES NOT PROVIDE ANY WARRANTIES REGARDING THE CONTINUOUS OR FUTURE PROVISION OF THE SOFTWARE, ANY UPDATE OR NEW VERSION, OR ANY TECHNICAL ASSISTANCE RELATED THERETO.
CERN DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR INTERRUPTION OF ACTIVITIES, ARISING OUT OF OR RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) YOUR COMPLIANCE OR NON-COMPLIANCE WITH LAWS AND EXPORT CONTROL REGULATIONS. YOU SHALL HOLD CERN FREE AND HARMLESS FROM AND INDEMNIFY IT AGAINST ALL CLAIMS AND LIABILITY WITH REGARD TO THE SUBJECT MATTER OF THIS SECTION.
8. Duration and Termination
This Licence is effective upon You clicking on “I Agree” or Using the Software, and shall remain in effect until expired or otherwise terminated.
This Licence expires two years after the release date of the Software. On such expiration date, You will no longer be able to Use the Software.
You may terminate this Licence at any time by ceasing Use of or destroying all copies of the Software. This Licence will terminate automatically and without notice if You fail to comply with any of its terms.
Upon expiration or termination of this Licence, You shall destroy all copies of the Software in Your possession or control.
9. Survival
Sections 5 (Limitations and Restrictions), 6 (Acknowledgement), 7 (Warranties and Limitation of Liability), and 10 (Applicable Law and Dispute Settlement) shall survive expiration or termination of this Licence.
10. Applicable Law and Dispute Settlement
The terms of this Licence shall be interpreted in accordance with their true meaning and effect, and independently of any national or other laws. Without prejudice to CERN’s status as an Intergovernmental Organization, reference shall be made to Swiss substantive law where: (a) a matter is not specifically covered by this Licence; or (b) a term of this Licence is ambiguous or unclear.
Reference to Swiss substantive law shall be made exclusively for the matter or the term concerned, and shall in no event apply to the other terms of this Licence.
Any dispute under this Licence that fails to be settled amicably shall be referred to arbitration on the basis of CERN’s status as an Intergovernmental Organization, and in accordance with the procedure defined at: http://legal.web.cern.ch/procedures/arbitration.
BY CLICKING ON “I AGREE” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS LICENCE.