COMPUTER ASSISTED KINETIC EVALUATION (“CAKE”) LICENCE AGREEMENT

Syngenta Limited (Syngenta) owns the intellectual property rights to the CAKE application.

This agreement defines permitted uses of the CAKE application and other components which may be included in or required as part of your installation.

CAKE APPLICATION

This section applies to your use of the CAKE application. Please note in particular the terms of paragraph (4) and (5) which limit or exclude liability towards you.

CAKE is and will be distributed on a free to use basis subject to the following conditions:
(1) The downloaded CAKE application may be distributed by you to a third party on the express condition that no charge is made for the distribution, and subject always to these conditions (1) to (5);
(2) Neither the source code nor the object code may be amended by any party who uses or distributes the CAKE application. In particular (but without limitation) the source code and the object code may not be modified, edited or incorporated into any other application without the prior consent of Syngenta;
(3) Any data presented in a regulatory environment must be attributed as being calculated by CAKE along with the version number of the CAKE application used;
(4) To the extent permitted by law, all express and implied warranties are hereby excluded by Syngenta, Ian Hardy (Battelle) & Simon Ford (Life Scientific Ltd) (the Scientific Advisors), including (without limitation) any implied warranty of quality or fitness or purpose. Unless otherwise stated in writing, Syngenta, the Developer & the Scientific Advisors provide the CAKE application “as is” and the risk as to the quality and performance of the CAKE application is with you. If the CAKE application proves to be defective, you assume the cost of all necessary servicing, repair or correction; and
(5) Syngenta & the Scientific Advisors each excludes liability towards you and any third party in relation to the use of CAKE or decisions made based on the outputs of CAKE calculations to the maximum extent permitted by law. In particular (but without limitation), neither Syngenta nor the Scientific Advisors shall be liable to you or any third party for (i) any direct loss of profits or other economic loss; or (ii) any indirect, consequential, special or incidental damages, losses, expenses or claims arising out of the use or inability to use the CAKE application (in each case including damages arising as a result of loss of data or data being rendered inaccurate) even if Syngenta and/or the Scientific Advisors have been advised of the possibility of such damages. Despite any provision to the contrary, nothing in this agreement limits or excludes any part’s liability to the extent it relates to death or personal injury caused by its negligence; for fraud or for any liability which may not be lawfully limited or excluded.

By downloading, installing, distributing or using the CAKE application, you agree with these restrictions, including (without limitation) the restrictions on liability.

CAKE SOURCE CODE ACCESS

(6) Eligibility: You may request access to the source code of CAKE, provided that you have complied with all terms and conditions of this Agreement.

(7) Request Procedure: To request the source code, you must submit a written request to Syngenta, specifying the reasons for the request and any intended use of the source code.

(8) Syngenta’s Obligations: Upon receiving a valid request, Syngenta may approve the request and provide you with access to the source code within 45 days, subject to any applicable confidentiality and security measures.

(9) Use of Source Code: You shall use the source code solely for the purposes specified in the request and shall not distribute, modify, or sublicense the source code.

(10) Confidentiality: You agree to treat the source code as confidential information and shall not disclose it to any third party without the Syngenta’s prior written consent.

(11) Termination of Access: Syngenta reserves the right to revoke access to the source code if you breach any terms of this Agreement or use the source code for unauthorized purposes.

R VERSION

The CAKE application has been designed to interface with R (http://www.r-project.org/) which is included in the installer and installed alongside the CAKE program files (independently of any installation of R you may have on your system). By downloading, installing, distributing or using the CAKE application, you acknowledge and accept that the CAKE application has not been tested with any version of R other than the one bundled with the installer.

By Installing CAKE you are implicitly agreeing to the R licensing terms https://cran.r-project.org/web/licenses/GPL-3

Source code of R available upon request or at the R site at https://cran.r-project.org/src/base/R-4/R-4.4.2.tar.gz

ALGORITHMS

The CAKE application interfaces to and calls on algorithms implemented in R (“R Modules”). The source code files of these R Modules are derivative works of the R package 'mkin' (http://cran.r-project.org/web/packages/mkin/). These R Modules (but not the CAKE application itself, which is licensed on the terms above) are provided to you under a separate licence agreement (GNU General Public License (http://www.gnu.org/licenses/gpl.html), version 3). See the source files for the R Modules for more details.

THIRD PARTY COMPONENTS

This installation includes the following components licensed under the MIT licence (http://www.opensource.org/licenses/mit-license.php):

.NET Desktop Runtime
Lumenworks Framework
Open XML SDK (DocumentFormat.OpenXml)
WinForms.DataVisualization

This installation includes the EPPlus version 4 library which is licensed under the L-GPL licence (http://opensource.org/licenses/LGPL-3.0).

The R Modules require some R packages in order to function. These packages are separate from the CAKE application and the R Modules. The licence for each explicitly licensed R package can be found in the LICENSE file within the package folder. Before using these packages, you should review these license files.