AceGen and AceFEM License Agreement
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.
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.
License Class: A categorization of different licenses that indicates whether the license allows use by a Single-User or a Network of computers.
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.
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.
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:
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:
Your license and right to use the Product automatically terminates if You violate any of these conditions or any other provisions of this Agreement.
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
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.
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.
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.