This disclaimer is issued by ARCHE cvba with regard to the following excel computer software programs, namely the (i) SOIL PNEC Calculator and (ii) the Downstream User SCALING TOOL and (iii), including any accompanying software, data, media, and on-line/printed documentation.
The Soil PNEC calculator and DU Scaling tool are made available without any charge or, except as stated in the next sentence, restriction.
No recipient of the Soil PNEC calculator/DU Scaling tool (or part of it) shall: (i) copyright or patent it in any form; (ii) make a monetary charge for it to those to which the recipient may distribute it; (iii) limit in any way a redistributee’s use; (iv) violate or participate in the violation of the laws or regulations of Belgium or other governments, foreign or domestic, in regard to its use or distribution; (v) modify, reverse engineer, decompile, or disassemble the executable portions of the excel computer software programs.
To the extent not contrary to law, ARCHE cvba shall not be liable to recipients, including redistributees, of the excel computer software programs for: loss of, reduction in or interruption of business; loss of, or failure to achieve, revenue or profit; increased costs of operation; loss of materials or information; computer failure or malfunction; or special, direct, indirect, incidental, punitive or consequential damages whether resulting from negligence, willful misconduct or other cause.
ARCHE cvba does not represent or warrant that the excel computer software programs are free from defect or deficiency. Recipients, including redistributees, shall be solely responsible for correction of defects or deficiencies, if any. There are no warranties, express or implied, including, without limitation, warranties of merchantability or suitability for a purpose.
In no event will ARCHE cvba be liable for injury to persons or damage to, or loss of, property or for infringement of intellectual property rights, whether or not resulting, or claimed to result, from negligence or other circumstance in connection with the excel computer software programs.
The development of the excel computer software programs is an ongoing research project and hence the excel computer software programs may undergo revisions. However, under no circumstances will ARCHE cvba be deemed responsible for informing the recipients, including the redistributees, of such revisions to the excel computer software programs.
Recipients shall indemnify and defend ARCHE cvba against claims, liabilities, actions, costs and expenses which may result from violation of the provisions of this disclaimer.