» version 1.7 - posted on 2012-04-30
» version 1.0 - posted on 2010-03-23
EULA - End User License Agreement
End User License Agreement (EULA)
1. NOTICE. WE ARE WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLATION OF THE SOFTWARE. BY INSTALLING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT INSTALL THE SOFTWARE. IN SUCH CASE, PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND ALL OTHER MATERIAL IN THIS PACKAGE ALONG WITH PROOF OF PAYMENT, TO THE AUTHORIZED DEALER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID.
a. AutoFEM Analysis is the collective term for the Software and User Documentation.
b. User Documentation means the explanatory electronic materials that AutoFEM Software or its authorized distributor incorporates in or delivers in or on a package with the Software or sends to You on an invoice, via email, facsimile, or otherwise when or after You acquire or Install the Software, including, but not limited to, license specifications, activation code, license files, instructions on how to use the Software, and/or technical specifications.
c. License Parameters means the definition and limitation of the applicable license scope.
d. Permitted Number means a number relevant for the applicable License Parameters that AutoFEM Software may specify in the applicable User Documentation.
e. Software means the "AutoFEM Analysis" computer program including also its separate modules (AutoFEM Static Analysis, AutoFEM Frequency Analysis, AutoFEM Buckling Analysis, AutoFEM Thermal Analysis and other modules) in which this Agreement is embedded or that is delivered prepackaged with this Agreement.
f. Uninstall means to destroy or remove.
g. You means you personally (i.e., the individual who reads and is prompted to accept this Agreement) if you acquire the Software for yourself, or the company or other legal entity for which you acquire the Software.
3. TYPES OF COMMERCIAL LICENSE PARAMETERS
a. License Parameters. AutoFEM Software's license grant is subject to one or more of the License Parameters defined in this Section. Unless AutoFEM Software expressly specifies or agrees otherwise in the User Documentation, all Software shall be governed solely by the license for Stand-alone (Individual) Versions set.
b. Evaluation (trial) Version. If AutoFEM Software identifies the Software as a demonstration, evaluation, trial version (Evaluation Version), You may Install a copy of the Software for the purpose of evaluation and demonstration. The Evaluation (trial) Version may only be Installed for a thirty (30) day evaluation period, unless otherwise specified by AutoFEM Software in writing.
c. Stand-alone (Individual) Version (commercial). If AutoFEM Software identifies the Software as a Stand-alone Version or as an Individual Version You may Install and Access one (1) copy of the Software on one (1) individual computer, solely for Your internal business needs. You may not allow the Software to be Accessed, operated, or viewed from, or Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted by AutoFEM Software, You may not Install or Access the Software other than on one (1) Computer at a time.
d. Multiseat Stand-alone Version. If AutoFEM Software identifies the Software as a Multiseat Stand-alone Version, You may Install and Access the Permitted Number of copies of the Software on the Permitted Number of individual Computers, solely for Your internal business needs. You may not allow the Software to be Accessed, operated or viewed from, or Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted by AutoFEM Software, You may not Install or Access the Software other than on the Permitted Number of Computers at any one time,
e. Educational University Version. If AutoFEM Software identifies the Software as an Educational University Version, You may Install and Access one (1) copy of the Software on up to the Permitted Number of Computers, only for educational purposes (as further specified in the applicable User Documentation) and for no other purpose. Without limiting the foregoing, Educational University Versions of the Software may not be used for commercial, professional, commercial training or other for-profit purposes.
4. OWNERSHIP AND LICENSE
This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software and the intellectual property and technology contained in this package, all related documentation and all other copies that you are authorized by this agreement to make (the "Software"). And the Software as supplied by AutoFEM Software and its licensors ("AutoFEM Software ") is licensed, not sold, to you. Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. You do not have rights to sell AutoFEM Analysis anyone in accordance with this license.. Nothing in this Agreement constitutes a waiver of our rights under International Copyright law, U. S. Copyright law or any other country, federal or state law.
This license and your right to use this Software automatically terminate if you fail to comply with any provisions of this EULA. Upon termination you will Uninstall all copies of the Software and destroy User Documentation. Otherwise, the restrictions on your rights to use the Software will expire upon expiration of the copyright to the Software.
6. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOFEM SOFTWARE AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE PRODUCT (SUPPORT SERVICES) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTOFEM SOFTWARE JSC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF AUTOFEM SOFTWARE OR ANY SUPPLIER, AND EVEN IF AUTOFEM SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), IN NO EVENT WILL AUTOFEM SOFTWARE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF SOFTWARE PRODUCT OR INABILITY TO USE THE SOFTWARE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES. THIS PROVISION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of AutoFEM Software to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No AutoFEM Software dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of AutoFEM Software.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to
AutoFEM Software, JSC.
AutoFEM and other trademarks contained in the Software are trademarks or registered trademarks of AutoFEM Software, JSC. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use AutoFEM's or its licensor's names or any of their respective trademarks.