Terms and Conditions

You are free to:

  • Download and use the Licensed Material for non-commercial and commercial purposes,
  • Create, produce and reproduce Adapted Material,
  • Share the Licensed Material and/or the Adapted Material.

Under the following terms:

  • You may not sell the Licensed Material.
  • You must give IFE and SINTEF credit, and provide a link to these terms and conditions, as well as a copyright notice if applicable.
  • You may not share Adapted Material under a license that prevents recipients from complying with these terms and conditions.
  • You shall not use the Licensed Material in a manner that appears misleading nor present the Licensed Material in a distorted or incorrect manner.

FlowDa

Database Licence Agreement

Institutt for Energiteknikk (IFE) and SINTEF AS represented by its institute SINTEF Industry (SINTEF) own the FlowDa Dataset generated by IFE and SINTEF. IFE and SINTEF have decided to make this dataset available for you as Licensed Material, for the purpose of encouraging innovative use of the data and knowledge development of the multiphase flow technology.

By exercising the License and/or downloading the Licensed Material, you accept to be bound by these terms and conditions ("the Terms and Conditions") as of that same time ("the Effective Date").

1 DEFINITIONS

For the purposes of these Terms and Conditions, the following terms shall have the meaning stated below.

  • Adapted Material shall mean material that is derived from or based upon the Licensed Material and/or in which the Licensed Material is modified. Changes in formatting, file types and other changes that do not affect the content of the Licensed Material shall not result in the material being Adapted Material as the result will remain as Licensed Material.
  • Data shall mean qualitative or quantitative data and information, in any form or format, whether it is by law protected by copyright, by Sui Generis Database Rights, or not.
  • Intellectual Property Rights (IPR) shall mean all intellectual property rights, such as e.g. patents, utility models, software, source codes, databases, trademarks, designs, domain names, copyrights, trade secrets or know-how.
  • Licensed Material shall mean the following: any items, materials or deliverables that IFE and SINTEF provides through flowda.net.
  • Sui Generis Database Rights shall mean rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded.

2 LICENSE

2.1 The License

Subject to these Terms and Conditions, IFE and SINTEF grant you a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to download and use the Licensed Material for non-commercial and commercial purposes, including to create and reproduce Adapted Material ("the License").

2.2 General Limitations

You shall not use the Licensed Material in a manner that appears misleading nor present the Licensed Material in a distorted or incorrect manner. You may not sell the Licensed Material. To the extent that your use of the Licensed Material is permitted by mandatory law, you do not have to comply with these Terms and Conditions.

2.3 Sharing Licensed and/or Adapted Material

You may share the Licensed Material and/or the Adapted Material, either openly or not, if IFE and SINTEF are attributed. A notice that refers to these Terms and Conditions should be included. If you share Adapted Material that may be shared under an adapter's license, the adapter's license must not prevent recipients of the Adapted Material from complying with these Terms and Conditions. Every recipient of the Licensed Material and/or Adapted Material will automatically receive an offer to exercise the License under these Terms and Conditions.

2.4 Moral Rights

To the extent the Licensed Material contains copyright protected material, moral rights are not licensed under these Terms and Conditions. However, to the extent possible by law, IFE and SINTEF waive and/or agree not to assert any such rights held by IFE and SINTEF to the limited extent necessary to allow you to exercise the License, but not otherwise.

3 NO ENDORSEMENT

Nothing in these Terms and Conditions constitutes or shall be interpreted as you being, or your use of the License being, connected with, sponsored or endorsed by IFE and SINTEF. You may not use the names or trademarks of IFE and SINTEF to support, recommend or market your use of the License or any products or services using or encompassing the License or Licensed Material.

4 LIABILITY AND INDEMNITY

4.1 No Warranties or Liability

The Licensed Material is provided "as is" and may contain errors or omissions. IFE and SINTEF undertake no liability for the risks of industrial realisation and commercial exploitation of the Licensed Material and IFE and SINTEF shall have no liability regarding the fitness for purpose, quality, non-infringement, accuracy, or merchantability of the Licensed Material. IFE and SINTEF provide no warranties, expressed or implied, either relating to the content or to the relevance of the Licensed Material. IFE and SINTEF disclaim any liability for errors or defects associated with the Licensed Material to the maximum extent permitted by law.

4.2 Damages

IFE and SINTEF are not liable for any of your damages, direct, indirect or consequential losses because of your use of the Licensed Material or infringement of third-party Intellectual Property Rights or other rights.

4.3 Indemnification

You shall indemnify IFE and SINTEF for all liability for lawsuits and claims by third parties that arise as a consequence of your use of the License or infringement of third-party Intellectual Property Rights or other rights, insofar as such losses, lawsuits or claims are not a result of IFE and SINTEF's defect in title, gross negligence or wilful breach.

5 TERMINATION

5.1 Termination

If you fail to comply with these Terms and Conditions, then the License terminates automatically. The License may be reinstated if you cure the breach of these Terms and Conditions within 30 days of discovering the breach, or upon express reinstatement by IFE and SINTEF.

5.2 Changes in Distribution

IFE and SINTEF may decide to offer the Licensed Material under other terms and conditions or stop distributing the Licensed Material at any time.

6 PERSONAL DATA

You agree that certain personal data may be collected and processed via our site, for example, through the registration form to be completed, in order to provide access to the Data. The collected personal data shall be used exclusively for the purpose indicated above. IFE and SINTEF undertake to process such data in accordance with the Norwegian Personal Data Act.

7 NORWEGIAN LAW AND DISPUTES

These Terms and Conditions shall be governed by and interpreted in accordance with Norwegian law. The parties shall endeavour to resolve disputes concerning these Terms and Conditions through negotiation. Disputes which are not resolved by mutual agreement within one month after negotiations were requested shall be settled by court proceedings brought before Trondheim District Court as legal venue.