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ABSOFT Corporation Software License Agreement
Specifically for
IMSL FORTRAN 5.0 BUNDLED WITH FORTRAN COMPILERS FROM ABSOFT FOR WINDOWS OR OS X
(August 2004)
IMPORTANT - READ THIS ENTIRE LICENSE AGREEMENT BEFORE
COPYING, DOWNLOADING, INSTALLING OR USING ANY SOFTWARE OR PRODUCTS FROM ABSOFT.
Please do not break the package seal or copy, download, install, or use the Products provided
under this license agreement (“Agreement”), until you have carefully read the terms
and conditions contained herein.
By breaking the package seal, downloading, copying, installing, or otherwise using the Products,
you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this
Agreement, do not copy, download, install, or use the Products and return any physical package
or media UNOPENED to the place of purchase for refund. Due to their nature there are no refunds
for electronically obtained products.
This Agreement is not applicable to (and the licenses granted herein are unavailable to) (i)
OEM Resellers (meaning manufacturers or suppliers of hardware or software that sell computer or
other electronic systems and incorporate software, such as the Products, as a development tool),
or (ii) potential licensees who intend to use the Products on other than on the Windows or OS X
operating systems, or (iii) potential licensees that request Floating licensed versions of the
Products, or (iv) potential Cluster licensees using operating systems other than OS X.
LICENSE DEFINITIONS
“Cluster” means an integrated multiple processor-computing system involving
one or more Computer (as defined below) and/or Computer(s) (as defined below) accessed and
used by one (1) or more Customers.
“Computer” means for Windows, a single or multiple (but not to exceed four
(4 CPUs)) processor-computing device used by one (1) Customer, and that utilizes x86-32 32-bit
or x86-64 64-bit and for OS X, a single computing device used by one (1) Customer that
utilizes POWER-based microprocessor technology.
“Customer” means (i) a single end user of the Products, including an academic
Customer, that (ii) develops and utilizes Products (as defined below) and includes (iii)
software developers engaged in the development and external distribution of business application
software built using Products, provided that (iv) Customers do not include OEM Resellers.
“Product(s)” means one or more object code versions of the software, documentation,
key codes and other materials, including any updates and upgrades thereto, that are provided to
you under this Agreement by Absoft Corporation (“Absoft”).
LICENSE RESTRICTIONS - If you receive your first copy of the Products electronically, and a second
copy on media, then you may use the second copy only in accordance with your applicable license
stated in this Agreement, or for backup or archival purposes. You may not provide the second copy
to another user.
You may not: (i) use or copy the Products except as provided in this Agreement; (ii) rent or lease
the Products to any third party; (iii) assign this Agreement or transfer the Products without the
express written consent of Absoft and its licensors; (iv) modify, adapt, or translate the Products
in whole or in part except as provided in this Agreement; (v) reverse engineer, de-compile, or
disassemble the Products; or (vi) attempt to modify or tamper with the normal function of a license
manager that regulates usage of the Products.
The type of license you purchased from Absoft determines the terms of your license. The varieties
of license terms are set forth below. Only one set of license terms (a)-(c) applies to your
purchase. For more information on the types of licenses, please visit
www.absoft.com or contact Absoft via
sales@absoft.com.
a. EVALUATION LICENSE: Absoft grants you a non-exclusive, individual license to use the Products
only for internal evaluation purposes and only for the term of the evaluation time period. You may
install copies of the Products on multiple computers provided that you are the only individual
using the Products and only one copy of the Products is in use at any one time. Notwithstanding
anything to the contrary elsewhere in this agreement, holders of EVALUATION LICENSES may not
distribute or redistribute any portion of the Products, or any applications or software developed
with the Products. The Products may only be used for evaluation purposes and only during the
term of the evaluation period (i.e. while the evaluation license key is valid).
b. SINGLE-USER (END-USER) LICENSE: If you are using the Products under the control of a SINGLE USER
LICENSE, you as an individual may install and use the Products on your Computer (personal home
Computer and your office Computer) provided that you are the only individual using the Products
and only one copy of the Products is in use by You at any one time. A separate license is required
for each additional use and/or individual user in all other cases. If you are an entity, Absoft
grants you the right to designate one individual within your organization, designated ’Owner,’
to have the sole right to use the Products in the manner provided above.
Multiple users require multiple licenses.
c. CLUSTER LICENSE (OS X operating system only): A CLUSTER LICENSE allows you to use the Product(s)
on one (1) Cluster running the OS X operating system. A Cluster is a set of single- or
multi-processor Computers running the OS X operating system, configured to serve one (1) specified
set of users. Each Cluster License or set of Cluster Licenses is issued for one (1) Cluster of
physically co-located Computers. Cluster licenses are restricted to use by no more than the number
of concurrent processes, processors, and/or users on the Cluster as determined when the CLUSTER
LICENSE was purchased from Absoft. A CLUSTER LICENSE does not restrict in any way the runtime
deployment configuration in terms of number of simultaneous processes, processors, and/or users.
REDISTRIBUTION OF COMPILED APPLICATIONS - Upon execution of a copy of the Absoft Runtime
Redistribution License, registered Absoft users can redistribute applications created with
purchased copies of Absoft authored Products without charge. A complete copy of the Absoft
Runtime Redistribution License can be viewed at
www.absoft.com.
COPYRIGHT - The Products are copyrighted under US and international law and treaty by Absoft and
its licensors. The Products are licensed, not sold. All right, title and interest in and to the
Products remain with Absoft and its licensors. Except for the specific licenses in the Products
granted to You in this Agreement, all rights in the Products are reserved by Absoft and its
licensors. You may make one copy of the Products for back-up purposes only, provided the copyright
notices on the Products are included on the back-up copy, and the back-up copy is not installed on
any other Computer. You agree to use reasonable efforts to prevent unauthorized copying of the
Products.
THE PRODUCTS MAY NOT BE RENTED, LEASED, COPIED, MODIFIED, OR TRANSFERRED EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT.
LIMITED WARRANTY - ABSOFT warrants that the media on which the Products are supplied shall be free
from defects in materials and workmanship under normal use for a period of 90 days from the date
of purchase. Absoft’s entire liability and your exclusive remedy under this warranty shall be
replacement of the defective media when returned to Absoft accompanied by a copy of the original
sales receipt. Absoft shall have no obligation to replace the media if Absoft determines failure
has resulted from accident, abuse, or neglect.
EXCLUSION OF WARRANTIES AND LIMITATION OF DAMAGES - THE PRODUCTS AND DOCUMENTATION ARE PROVIDED
“AS IS”, AND ABSOFT AND ITS LICENSORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES
(EXCEPT THE LIMITED WARRANTY ON MEDIA STATED ABOVE), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE. ABSOFT AND ITS LICENSORS DO NOT WARRANT THAT THE PROGRAM WILL
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME
RESPONSIBILITY FOR THE SELECTION OF THE PRODUCTS AND FOR THE INSTALLATION, USE, AND RESULTS
OBTAINED FROM THE PRODUCTS. ABSOFT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOST PROFITS
OR ANY SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES EVEN IF ABSOFT HAS BEEN ADVISED IN ADVANCE
OF THE POSSIBILITYOF SUCH DAMAGES.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply
to you. Some states do not allow the limitation or exclusion of liability for incidental or
consequential damages, so the limitation or exclusion may not apply to you. The limited warranty
stated above gives you specific legal rights, and you may also have other rights that vary from
state to state.
TERMINATION - This Agreement is effective until terminated. You may terminate this Agreement by
ceasing to use and destroying all copies of the Products. This Agreement will also terminate if
you fail to comply with the terms and conditions of this Agreement. You agree upon termination
to cease using and to destroy all copies of the Products. Termination of this Agreement shall
terminate the licenses granted hereunder.
UPDATES - From time to time Absoft may offer, at extra charge, updates to the Products. In order
for you to obtain or be advised of such updates, the enclosed User Registration Card must be
completed and returned to Absoft, or online registration completed at
www.absoft.com
within 10 days of receipt of Products.
EXPORT RESTRICTIONS - You agree that you will not export or re-export any of the Products received from Absoft
(a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran,
Libya, North Korea, Sudan, or Syria); or (b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity
List. You also agree that you will not use said Products for any purposes where prohibited by
United States law, including, without limitation, the development, design, manufacture or
production of nuclear, missile, chemical or biological weapons.
U.S. GOVERNMENT RESTRICTED RIGHTS - The Products are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph
(c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. The
contractor/manufacturer is Absoft Corporation, 2781 Bond Street, Rochester Hills, Michigan 48309.
GENERAL - By opening this package or by copying, installing, or otherwise using the Products, you
acknowledge that you have read this Agreement, understand it, and agree to be bound by it. You
further agree that it is the entire agreement between Absoft and you, that it supersedes any oral
or written proposal or prior agreement, and that it may not be modified except in writing signed
by both Absoft and its licensors and you. The laws of the State of Michigan shall govern this
Agreement.
© 1986-2005 ABSOFT CORPORATION
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Corporation 2781 Bond Street Rochester Hills Michigan
48309 Voice: 248-853-0050 Fax: 248-853-0108