AceGen and AceFEM License Agreement

 


End User License Agreement for AceGen and AceFEM packages

ACCEPTANCE

THIS IS A BINDING AGREEMENT: READ ALL TERMS; RETAIN A COPY.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING, INSTALLING, OR USING THE SOFTWARE.

BY DOWNLOADING THE PRODUCT, OR INSTALLING /USING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS MATHEMATICA APPLICATIONS LIBRARY LICENSE AGREEMENT ("AGREEMENT"). IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS, INSTALL, OR USE THE SOFTWARE. IMMEDIATELY RETURN THE ENTIRE PRODUCT TO THE SOURCE FROM WHICH IT WAS OBTAINED, AND UNINSTALL/REMOVE/DESTROY ANY ADDITIONAL COPIES OF THE SOFTWARE.

DEFINITIONS

Licensor:

Jože Korelc
Ravnikova 4
Ljubljana
SI-1000 Ljubljana
Slovenia

You/Licensee:  The purchaser of this license. If You/Licensee agree to these terms on behalf of an organization, You represent to Licensor that You are authorized to accept these terms on their behalf.

Product:  All the materials, including the software, any updates or modified versions thereof, and associated documentation, provided by Licensor under this Agreement.

Use Class:  A categorization of different licenses that affects how the Product may be used, such as Student, Academic, and Commercial.

  • A Student License may only be used by full-time or otherwise eligible students; and may only be installed on the student's personally owned computer. To continue using this license as a non-student, after graduation or at any other time, You must upgrade to an appropriate Commercial or Academic License. A Student License may NOT be transferred.
  • An Academic License may only be used for, or in support of, instruction and academic research. An Academic License may be transferred to another academic user.
  • Use of a Commercial License is only subject to those restrictions stated herein, and may be freely transferred.

License Class:  A categorization of different licenses that indicates whether the license allows use by a Single-User or a Network of computers.

OWNERSHIP

Licensor is the holder of the copyright to the Product, including without limitation, such aspects of the software as its code, structure, sequence, organization, "look and feel", and compilation of command names. Use of the Product, unless pursuant to the terms of this Agreement or as otherwise authorized by law, is an infringement of the copyright.

MATHEMATICA REQUIRED

In order to use this Product you must use Mathematica, a software product licensed by WRI. This Product does not contain Mathematica nor does it grant you a license to use Mathematica; a license to use Mathematica must be obtained separately.

PERMITTED USES

Subject to the terms of this Agreement and Your acceptance thereof, Licensor grants You a non-exclusive license to use the Product in Your License Class. Your license terminates in the event that You receive a license to use an upgraded version of the Product in place of the Product, which upgrade, as well as any other improvement, enhancement or the like, Licensor is under no obligation to provide. If a license expiration date is indicated, Your license to use the Product terminates on that day. You are also authorized to:

  • for a Single-User License Class, access the Product (whether by download or boxed media) and install and use the software on a single online storage device (such as a hard disk drive);
  • for a Network License Class, access the Product (whether by download or boxed media) and install and use the software on any online storage device (such as a hard disk drive) located at the physical site of Product registration;
  • maintain an archival copy of the software on offline storage media (such as a CD); and
  • transfer the license subject to the following conditions: (1) Your Use Class permits the transfer of this Agreement; (2) the transferee's use of the license falls into the same Use Class; (3) You notify WRI in writing of Your decision to transfer this Agreement and certify that You have destroyed or given to the transferee all copies of the software and other elements of the Product that You have ever had; and (4) the transferee accepts all the terms and conditions of this Agreement. Such transfer of the license terminates Your license with Licensor.

PROHIBITED USES

All uses of the software and other elements of the Product not specifically allowed in the Permitted Uses section of this Agreement are prohibited, including:

  • using the Product in conjunction with unlicensed Mathematica software, or with Mathematica software operating under an invalid license;
  • using the Product in a manner that violates the restrictions associated with Your Use Class;
  • using portions of the software on separate computers (The software may contain multiple executables [e.g., kernel, front end, other programs]; executables may not be installed or used on separate computers, even if the use is not concurrent. In the case of multiple process licenses, the use of one or more executables, but not more than one kernel, on a computer is the equivalent of the use of a single process on that computer. In the case of Network Licenses, the use of a front end executable that is linked to an active kernel on a second computer is counted as a single process.);
  • decompiling, disassembling, reverse engineering, or creating derivative works based upon the Product;
  • modifying the software’s object code or documentation in any manner;
  • distributing, publishing, transferring, sublicensing, lending, leasing, renting, or otherwise transferring rights to the Product or any portion of the software;
  • copying or allowing copying of the Product or any elements of the Product, except for archival purposes as stated herein;
  • allowing access to the Product by any person other than Licensee;
  • removing any copyright, trademark, or other proprietary notices from the Product, or from any copies You are authorized to make pursuant to this Agreement; and
  • authorizing or assisting any third party to carry out any of the prohibited uses described in this paragraph.

Your license and right to use the Product automatically terminates if You violate any of these conditions or any other provisions of this Agreement.

LIMITED WARRANTY

Licensor warrants that the Product shall be operational once downloaded and installed. Licensee acknowledges that Licensor shall provide, as Your sole remedy for breach of this warranty, authorization and access to download another copy of the Product. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. LICENSOR DOES NOT WARRANT THAT THE PRODUCT IS FREE FROM ALL ERRORS AND OMISSIONS. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE PRODUCT IS PROVIDED "AS IS". LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT OR THE SOFTWARE CONTAINED IN THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INTEROPERABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.

IN ADDITION TO THE FOREGOING, YOU SHOULD RECOGNIZE THAT ALL COMPLEX SOFTWARE SYSTEMS AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS. LICENSOR, AND THE DISTRIBUTORS AND DEALERS OF LICENSOR, SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN THE PRODUCT, WHETHER OR NOT THEY ARE AWARE OF THE ERRORS OR OMISSIONS. LICENSOR DOES NOT RECOMMEND THE USE OF THE PRODUCT FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY, OR SIGNIFICANT LOSS.

THE ACESHARE FUNCTIONALITY IN ACEFEM MAY REQUIRE THE SOFTWARE TO ACCESS FINITE ELEMENT LIBRARIES AVAILABLE THROUGH EXTERNAL SERVERS. LICENSOR MAKES NO WARRANTY THAT ACCESS TO SUCH DATA WILL BE UNINTERRUPTED OR THAT THE DATA ITSELF WILL BE ERROR FREE.

Some states do not allow the exclusion of implied warranties, so this may not apply to You. This warranty gives You specific legal rights, and You may also have other rights that vary from state to state.

LIMITED DAMAGES

IN NO EVENT SHALL LICENSOR, OR THE DISTRIBUTORS OR DEALERS OF LICENSOR BE LIABLE FOR ANY LOST PROFITS, LOST BENEFITS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S JOINT CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, ACTIONS, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID FOR THE PRODUCT.

Some states do not allow certain limitations of damages, so the above limitations may not apply to You.

CHOICE OF LAW

This Agreement is governed by the laws of the European Union without effect to any choice-of-law provisions.

Mathematica is a registered trademark of Wolfram Research, Inc.