END USER LICENSE AGREEMENT (EULA)

ClimateStudio uses the following software,

I. ClimateStudio

II. Radiance 5.4

III. Eto.Forms

IV. CUDAfy.NET

V. PDFsharp

VI. protobuf-net

VII. Newtonsoft.Json

VIII. CsvHelper

IX. ClipperLibrary

X. ILGPU

XI. Extended.WPF.Toolkit

XII. EnergyPlus

IMPORTANT READ CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT INSTALL OR USE THIS SOFTWARE, AND MUST IMMEDIATLEY DISCONTINUE ITS USE.

I. ClimateStudio

Solemma holds the exclusive, worldwide license to distribute and develop ClimateStudio.

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 Solemma for ClimateStudio, which includes computer software and may include associated media, printed materials, and electronic documentation.

Downloading, installing, using, or copying ClimateStudio 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 ClimateStudio.

ClimateStudio is a plug-in for the computer-aided design software RHINOCEROS 3D. ClimateStudio consists of a compiled RHINOCEROS 3D plugin, a compiled add-on for GRASSHOPPER (a visual programming interface within RHINOCEROS 3D), and a plugin for the 3D design software REVIT allowing models to be exported for use in RHINOCEROS 3D. ClimateStudio uses third party software including RADIANCE and ETO forms.

Solemma grants to the User, and the User accepts, a non-transferable and non-exclusive license to use ClimateStudio only in the manner described in this EULA. All proprietary interest, right, title, and copyright in ClimateStudio which are not explicitly granted to you herein remain with Solemma.

ClimateStudio is a subscription license, not sold. Therefore, you must treat ClimateStudio 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.

A floating subscription license allows installation of ClimateStudio on multiple machines. All machines using ClimateStudio must have the ability to communicate with the internet. The number of users that may use ClimateStudio concurrently must not exceed the number of subscription licenses purchased for such use. A node-locked license allows ClimateStudio to be installed and used on a single machine for the duration of the subscription. ClimateStudio may not be installed on a server or other central resource, including but not limited to Rhino.Compute servers, for the purpose of serving multiple concurrent users.

Data Collection

ClimateStudio collects information regarding licensed software checkouts. ClimateStudio complies with Solemma’s published privacy policy (https://www.solemma.com/privacy-policy, last accessed July 2024).

Limitations

ClimateStudio may not be used as an application programming interface (API) or otherwise packaged as a part of another software tool.

ClimateStudio may not be resold or shared with other parties in any form, including but not limited to as an API or software-as-a-service product.

ClimateStudio is not licensed for the purpose of training machine learning, artificial intelligence, heuristic or statistical models. Such activities are explicitly prohibited unless you have signed a separate agreement with Solemma expressly authorizing such activities.

ClimateStudio may not be modified, reverse engineered, decompiled, or disassembled by the User. Such prohibition includes utilizing any third-party resource and/or artificial intelligence tool to assess ClimateStudio or any of its work product or outputs, for the purposes of creating a derivative or competing product to ClimateStudio. Should you make any derivative work from ClimateStudio, all right, title and interest in such shall exclusively vest in Solemma.

Any breach of this Agreement shall terminate and revoke any license that you have to utilize ClimateStudio. Solemma shall be entitled to all of its costs and expenses, including attorneys’ fees for enforcing the terms of this EULA.

Liability

IN NO EVENT SHALL 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 SOLEMMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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".

SOLEMMA HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS. SOLEMMA’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT IS TO PROVIDE YOU WITH A REFUND FOR WHAT YOU HAVE PAID FOR CLIMATESTUDIO DURING THE SIX MONTHS PRIOR TO WHEN THE EVENT AROSE THAT GAVE RISE TO THE LIABILITY, OR $250, WHICHEVER IS LESS.

YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY OR PARTICIPATING IN A CLASS ACTION LAWSUIT.

This agreement is governed by the laws of the State of Minnesota. Exclusive venue for any dispute under this Agreement shall be located in the state and federal courts with jurisdiction in Hennepin County, Minnesota. If you are located outside of the United States, and the aforementioned venue clause is unenforceable, then venue shall be located in London, England and the disagreement shall be resolved via binding arbitration.

If any provision is deemed legally unenforceable, the remaining provisions shall remain unaffected, and the unenforceable provisions shall be replaced with an amended provision that is enforceable and most closely mirrors the original provision.

II. Radiance 5.4

The Radiance Software License, Version 1.0

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

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

2. 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.

3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:

"This product includes Radiance software (http://radsite.lbl.gov/) developed by the Lawrence Berkeley National Laboratory (http://www.lbl.gov/)."

Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

4. The names "Radiance," "Lawrence Berkeley National Laboratory" and "The Regents of the University of California" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact radiance@radsite.lbl.gov.

5. Products derived from this software may not be called "Radiance", nor may "Radiance" appear in their name, without prior written permission of Lawrence Berkeley National Laboratory.

THIS SOFTWARE IS PROVIDED `AS IS’ AND ANY EXPRESSED 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 Lawrence Berkeley National Laboratory OR ITS 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.

This software consists of voluntary contributions made by many individuals on behalf of Lawrence Berkeley National Laboratory. For more information on Lawrence Berkeley National Laboratory, please see <http://www.lbl.gov/>.

III. Eto.Forms

The BSD-3 License.

AUTHORS
Copyright © 2011-2024 Curtis Wensley. All Rights Reserved.
Copyright © 2012-2013 Vivek Jhaveri. All Rights Reserved.

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

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

3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR 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 AUTHOR 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.

IV. CUDAfy.NET

The LGPL v2.1 License applies to CUDAfy .NET. If you wish to modify the code, then changes should be re-submitted to Hybrid DSP. If you wish to incorporate Cudafy.NET into your own application instead of redistributing the dll's then please consider a commercial license. Visit http://www.hybriddsp.com. This will also provide you with priority support and contribute to on-going development.

The following libraries are made use of:

Mono.Cecil also uses the MIT license (Copyright JB Evain).

CUDA.NET is a free for use license (Copyright Company for Advanced Supercomputing Solutions Ltd)

The Cudafy dll's distributed with ClimateStudio have been modified to ensure compatibility with RHINOCEROS version 7. To obtain a copy of the source code, please contact Solemma LLC.

V. PDFsharp

MIT License

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

VI. protobuf-net

The core Protocol Buffers technology is provided courtesy of Google. At the time of writing, this is released under the BSD license. Full details can be found here:

http://code.google.com/p/protobuf/

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

VII. Newtonsoft.Json

The MIT License (MIT)

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

VIII. CsvHelper

CsvHelper is licensed under the Apache License, Version 2.0. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

IX. Clipper Library

The Clipper Library (including Delphi, C++ & C# source code, other accompanying code, examples and documentation), hereafter called "the Software", has been released under the following license, terms and conditions:

Boost Software License - Version 1.0 - August 17th, 2003

http://www.boost.org/LICENSE_1_0.txt

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the Software covered by this license to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

X. ILGPU

University of Illinois/NCSA Open Source License

Developed by: Marcel Koester (m4rs@m4rs.net) www.ilgpu.net

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal with the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

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

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

· Neither the names of ILGPU, Marcel Koester, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE SOFTWARE.

XI. Extended.WPF.Toolkit

Microsoft Public License (Ms-PL)

This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

1. Definitions

The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law. A "contribution" is the original software, or any additions or changes to the software. A "contributor" is any person that distributes its contribution under this license. "Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.

(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations

(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.

(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.

(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.

(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.

(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees, or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

XII. EnergyPlus

EnergyPlus, Copyright (c) 1996-2024, The Board of Trustees of the University of Illinois, The Regents of the University of California, through Lawrence Berkeley National Laboratory (subject to receipt of any required approvals from the U.S. Dept. of Energy), Oak Ridge National Laboratory, managed by UT-Battelle, Alliance for Sustainable Energy, LLC, and other contributors. All rights reserved.

NOTICE: This Software was developed under funding from the U.S. Department of Energy and the U.S. Government consequently retains certain rights. As such, the U.S. Government has been granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in the Software to reproduce, distribute copies to the public, prepare derivative works, and perform publicly and display publicly, and to permit others to do so.

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

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

(2) 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.

(3) Neither the name of the University of California, Lawrence Berkeley National Laboratory, the University of Illinois, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

(4) Use of EnergyPlus(TM) Name. If Licensee (i) distributes the software in stand-alone form without changes from the version obtained under this License, or (ii) Licensee makes a reference solely to the software portion of its product, Licensee must refer to the software as "EnergyPlus version X" software, where "X" is the version number Licensee obtained under this License and may not use a different name for the software. Except as specifically required in this Section (4), Licensee shall not use in a company name, a product name, in advertising, publicity, or other promotional activities any name, trade name, trademark, logo, or other designation of "EnergyPlus", "E+", "e+" or confusingly similar designation, without the U.S. Department of Energy's prior written consent.

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 COPYRIGHT OWNER 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.