IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT BEFORE OBTAINING A COPY OF THE SOFTWARE. BY CONTINUING THE PROCESS OF OBTAINING A COPY OF THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, THAT YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
The following definitions apply to this Agreement:
Licensor is Donald L. Reid, the owner of the Software, in all forms and all copies thereof, including, without limitation, any and all worldwide copyrights, patents, trade secrets, trademarks and other proprietary and confidential information rights of any kind.
Software means the full system, sample and utility programs contained and enclosed in either the Download package or other media on which the Software is contained, together with any updates subsequently supplied by Licensor.
Documentation means all of the materials, in either printed or electronic form, provided with either the Download package or other media or later supplied by Licensor for use in explaining the operation and use of the Software.
Download means to obtain a copy of the Software via a device connected to the Internet.
License means this License Agreement.
Licensee means the individual or business entity that has purchased this package and a License to use the Software under the terms contained in this License. Licensee includes those persons in Licensee's immediate organization, such as business associates, partners and employees, who are authorized to use the Software on the Computer pursuant to this Agreement.
Computer is the single microcomputer system, using a single processor or a co-processor, on which Licensee is licensed to use this Software. Use on mainframes, minicomputers, multiple CPU systems or networks (including any computer connected in any way with another computer) is prohibited under this license.
Technical Support means the communication between Licensee and Licensor that is necessary to support the operation of the Software. The specific applicability, amount, and content of Technical Support is outlined in the Software package.
Licensor grants Licensee a nonexclusive right to install and use one copy of the Software on a single Computer at a single location by a single user at a time who is physically present and using such single Computer in accordance with the terms of this License. Use of the Software on a single Computer by timeshare scheme or by multiple users is not granted under this License.
Licensee may change the Computer on which the Licensee is authorized to use the Software to another Computer within Licensee's immediate organization only if the Software is no longer used on the former Computer. The Licensee shall notify the Licensor of this change in one of two ways; either by a letter on company letterhead stating such change which shall be signed and submitted by Licensee to Licensor, or through the Technical Support process that is part of the Software package.
Licensee owns only the magnetic or other physical media on which the Software is recorded or fixed. Licensor retains ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in or on which the original and subsequent copies may exist. This License is not a sale of the Licensee's copy or of any other subsequent copy.
In the event Licensee violates any of the provisions of this License, Licensor may immediately terminate this License and Licensee agrees to either destroy or return the original and all existing copies of the Software and Documentation to Licensor after receiving notice of Licensor's termination of this License. Licensee agrees to comply with the terms and conditions of this License and agrees to take all necessary steps to protect Licensee's software from theft or use contrary to the terms of this License.
Licensee agrees not to create derivative works from the Software or disassemble, decompile, decrypt or otherwise reverse engineer the Software or use or attempt to obtain any techniques, algorithms, processes, trade secrets, or proprietary information contained in the Software.
Unless earlier terminated by Licensor in accordance with this Agreement, this License shall be deemed effective from the date Licensee receives the Software and shall be valid only so long as Licensee uses or possesses the Software.
Licensee agrees that the Software will only be displayed on, or read into, or used on, the licensed Computer and will not be displayed on, or read into or used in any remote site location.
Licensee agrees to make no more than three (3) copies of the Software for backup purposes only and to keep the original and backup copies in the possession or direct control of Licensee.
Licensee shall not rent, lease, transfer, network, reproduce, display, or otherwise distribute the Software except as specifically provided in this License.
Licensee shall be permitted to distribute the resulting reports of its computer software programs processed or generated by application and use of the Software;
Except as specifically provided in the preceding paragraph, Licensee shall not transfer any copy of the Software to another person or entity outside Licensee's immediate organization, on either a permanent or a temporary basis. Licensee understands that unauthorized reproduction of copies of the Software or unauthorized transfer of any copy of the Software may constitute a criminal offense and subject Licensee to suit for damages, injunctive relief, and attorneys' fees.
Licensor has no control over the conditions under which Licensee uses the Software and does not and cannot warrant the performance or results that may be obtained by its use. The entire risk as to the suitability and performance of the program is with the Licensee. However, if Licensee is unable to obtain a readable and executable copy of the Software from Licensor within thirty (30) days following purchase, then Licensee may destroy the Software and Documentation and obtain a full refund of the purchase price. This refund is the sole and exclusive remedy for breach of any warranties by Licensor.
The computational results and reports that are generated by this Software must be verified by alternate means, including but not limited to, independent analysis through other software packages, wind tunnel testing, and sound Engineering judgement.
THERE ARE NO OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
This License shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia. The delay or failure of either party to enforce any of the provisions of this License shall not be construed to be a waiver of any right of that party. The termination of this License shall not affect the provisions of this License, which by their terms and meaning are of a continuing nature. This License represents the entire understanding and agreement between Licensor and Licensee regarding the Software and Documentation, and merges any and all prior oral or written communications, advertising, discussions, proposals, purchase orders, agreements and representations between them. This License may only be modified by a written agreement agreed to by both parties. If any provision of this License shall be held to be illegal, void, or unenforceable, the remaining provisions shall remain in full force and effect. The paragraph headings in this License are for convenience only, form no part of this Agreement, and do not affect its interpretation.
The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7012 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights as 48 CFR 52.227-19, which is incorporated and made a part of this Agreement, by reference.
The Government acknowledges that the Software and its Documentation were developed at private expense and no part of the Software package or Documentation is in the public domain.