Last updated: Feb 23, 2020
Copyright Notice and Disclaimer.
DIVA-for-Rhino is Copyright © 2011- 2020, President and Fellows of Harvard College ("Harvard"). All Rights Reserved. Solemma LLC ("Solemma") holds the exclusive, worldwide license to distribute and further develop DIVA-for-Rhino.
This END USER LICENSE AGREEMENT ("EULA") is a legal agreement between you, in your capacity as an individual and/or as an agent for your company, institution or other entity (called herein the "User"), and Harvard and Solemma for DIVA-for-Rhino, which includes computer software and may include associated media, printed materials, and electronic documentation.
Downloading, installing, using, or copying DIVA-for-Rhino by the User or a third party indicates that the User agrees to be bound by the terms and conditions that follow. If you do not agree to the terms of this EULA, do not install or use DIVA-for-Rhino.
DIVA-for-Rhino is a plug-in for the RHINOCEROS NURBS for Windows modeler that allows users to carry out various environmental analyses using third party software including RADIANCE, ENERGYPLUS, DAYSIM, GENCUMULATIVESKY, EVALGLARE, WXFALSECOLOR, PYTHON, NUMPY, MATPLOTLIB and WXPYTHON. DIVA-for-Rhino consists of a series of compiled RHINOCEROS and native GRASSHOPPER scripts that are accessible within RHINOCEROS via a dedicated graphical user interface as well as detailed program documentation.
Solemma grants to the User, and the User accepts, a non-transferable and non-exclusive license to use DIVA-for-Rhino only in the manner described in this EULA. All proprietary interest, right, title, and copyright in the Software which are not explicitly granted to you herein remain with Harvard and Solemma.
DIVA-for-Rhino is licensed, not sold. Therefore, you must treat this Software just like a book or any other copyrighted material (e.g., recordings or film). You may make archival copies of the Software. You may not distribute any portion of the Software or materials accompanying the Software.
The stand-alone commercial software license is valid to be operated by a single user with up to two computers (such as a laptop and desktop). No more than one person may use the Software at any one time. You may freely move the Software from one computer or location so long as there is no chance of the Software being used simultaneously at more than one location.
A floating license allows installation of the Software on an unlimited number of machines. All machines using the Software must have the ability to communicate with a license server. The number of users that may use the Software concurrently at any time must not exceed the number of Floating User Licenses purchased for such use.
IN NO EVENT SHALL HARVARD OR SOLLEMA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE, EVEN IF HARVARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HARVARD AND SOLEMMA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS".
HARVARD AND SOLEMMA HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS.
This agreement is governed by the laws of the State of Massachusetts.