IMPORTANT- READ CAREFULLY: This ENGINEERING SOFTWARE SOLUTIONS ("ENGISSOL") End-User License Agreement ("EULA") is a legal agreement between you, user of software applications, ("End User") and ENGISSOL for all ENGISSOL products, source code (where provided), demos, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT(S) ").
ENGISSOL grants to you a nonexclusive license to use the SOFTWARE PRODUCT(S) for the sole purposes of engineering and design calculations. By using the SOFTWARE PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT(S).
All SOFTWARE PRODUCT(S) is licensed, not sold. By purchasing any of the SOFTWARE PRODUCT(S), you instantly acquire a license for the SOFTWARE PRODUCT(S) from ENGISSOL. The licenses do not expire unless explicitly stated otherwise. Each license of any SOFTWARE PRODUCT(S) can only be used on a single computer.
If the SOFTWARE PRODUCT(S) you have obtained is marked as a "DEMO" you may use one copy of the SOFTWARE PRODUCT(S) for testing purposes ("Evaluation Period"). DURING THE EVALUATION PERIOD YOU ARE NOT ENTITLED TO USE THE DEMO FOR COMMERCIAL PURPOSES.
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any ENGISSOL intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, European and international law.
All ENGISSOL files remain ENGISSOL's exclusive property and YOU MAY NOT DISTRIBUTE ANY OF THEM.
1. GRANT OF LICENSE
This EULA, if legally executed as defined herein, licenses and so grants the single End User the following rights:
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, create derivative works, translate, or disassemble the SOFTWARE PRODUCT(S), and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE PRODUCT(S) or any of its constituent parts.
3. RENTAL
You may not rent, lease, or lend the SOFTWARE PRODUCT(S).
6. UPDATES
You must be properly licensed to use the SOFTWARE PRODUCT(S) identified by ENGISSOL as being eligible for the update in order to use the SOFTWARE PRODUCT(S). An update of SOFTWARE PRODUCT(S) replaces the SOFTWARE PRODUCT(S) that formed the basis for your eligibility for the update, and together constitutes a single PRODUCT(S). You may use the resulting updated PRODUCT(S) only in accordance with all the terms of this EULA.
If the SOFTWARE PRODUCT(S) contains new critical features and therefore constitutes a major update, additional costs may apply in relevance and in proportion to the new features.
Any supplemental SOFTWARE PRODUCT(S) provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT(S) and subject to the terms and conditions of this EULA.
8. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT(S) (including but not limited to any copy written documentation, demos, incorporated into any copies of the SOFTWARE PRODUCT(S)) are owned by ENGISSOL. The SOFTWARE PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE PRODUCT(S) as described in this EULA.
9. DISCLAIMER OF WARRANTY
ENGISSOL expressly disclaims any warranty for the SOFTWARE PRODUCT(S). THE SOFTWARE PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
10. LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, in no event shall ENGISSOL be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT(S) or the provision of or failure to provide Support Services, even if ENGISSOL has been advised of the possibility of such damages.
End User understands that the SOFTWARE PRODUCT(S) may produce inaccurate results because of a failure or fault by End User to properly use and or deploy the SOFTWARE PRODUCT(S). End User assumes full and sole responsibility for any use of the SOFTWARE PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR REMEDY AND ENGISSOL'S OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND THAT IS THE FAULT’S RESOLUTION. IN CASE OF INEFFECTIVENESS OF THE ABOVE ACTION ENGISSOL'S LIABILITY SHALL IN NO EVENT EXCEED THE PRICE PAID TO ENGISSOL FOR THE SOFTWARE PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE PRODUCT(S).
11. TERMINATION
Without prejudice to any other rights or remedies, ENGISSOL will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE PRODUCT(S) and all of its parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE PRODUCT(S) developed by you, whether in native, altered or compiled state.
12. MISCELLANEOUS
This EULA may only be modified in writing signed by an authorized officer of ENGISSOL. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
ENGISSOL reserves all rights not specifically granted in this EULA.
End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact ENGISSOL for any reason, please contact us at engissol@engissol.com.