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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.
“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 means for OS X, a single computing device used by one (1) Customer that utilizes x86, x64 or POWERbased 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”).
– 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.
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.
SUPPORT – During the term of this Agreement, and in consideration for Licensee’s payment of fees for support and maintenance, Absoft shall provide Software Update Subscription Service (SUSS) for the Software to Licensee in accordance with the provisions of Exhibit A attached hereto and made a part hereof. Notwithstanding the foregoing, Absoft reserves the right to suspend or discontinue offering SUSS for the Software at any time.
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. NOTE: Applications built with the IMSL Fortran Numerical Library may only be distributed as a bound executable in .exe file format.
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.
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.
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.
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, 2111 Cass Lake Rd Suite 102, Keego Harbor Michigan 48320.
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.
@ Copyright 1986-2015 ABSOFT CORPORATION
Software Update Subscription Services Absoft’s Software Update Subscription Services (“SUSS”) are available by subscription on the terms and conditions in this Exhibit A. SUSS for Development and Deployment will only be provided if Licensee subscribes to each SUSS type and pay the respective applicable fees, which are in addition to the license fees for the Software. SUSS for a Development License allows Licensee to receive the services described in this Exhibit A only for development purposes. To receive SUSS for Licensee’s Deployment License, Licensee must be a current subscriber of SUSS for Licensee’s Development License. SUSS for a Deployment License allows Licensee to receive Updates (as defined below) and New Releases (as defined below) of the Software that are provided by VNI as a part of SUSS for a Development License.
- Absoft will provide remote access, by telephone, fax, or electronic mail,
to Absoft product support personnel, who will answer routine questions concerning
use of the Products from 8:00 A.M. to 4:00 P.M., EST, Monday through Friday,
excluding holidays. For Software obtained outside the U.S. front line support will
be provided by the local vendor or Absoft office during its normal business hours,
excluding applicable holidays.
- Absoft will provide minor product updates, error corrections, bug fixes and
patches (all of which are “Updates,” identified by a change in the product
designation suffix, e.g., Version 2.1 to 2.2), at no additional cost, when such
Updates are developed by Absoft and generally made available at no additional cost to
- Absoft may, in its sole discretion, determine that the addition of significant
functionality or enhancements to Software is not an Update but is a New Release,
identified by a change in a product’s version number (i.e., designated by an increase
in the whole number to the left of the decimal, e.g., from Version 2.1 to 3.0, a “New
Release” herein) and charge a fee for the New Release and associated SUSS. Following
a New Release, Absoft will provide support services for the previous Software version
to SUSS subscribers for a period of one (1) year, but shall not be obligated to
provide such services thereafter.
- For modifications of the Software or for any assistance or support not
specifically identified in this Exhibit A, Absoft may agree to perform such services
on a time and materials basis.
- Absoft shall not be responsible for support of Software modified by Licensee.
SUSS provided by Absoft that are traceable to Licensee’s modifications or code shall
be billed at Absoft’s standard rates.
- Licensee shall give Absoft reasonable assistance and access to equipment,
documentation and records, including sample output and other diagnostic information.
- SUSS will be provided for one (1) year from the date of Absoft’s invoice for SUSS,
provided Licensee pays all amounts due for SUSS. Absoft will invoice Licensee
annually for SUSS, in advance, at Absoft’s then-current rate, payable as stated on
the invoice. If this Agreement is terminated early for any reason, no refund shall
be payable to Licensee. Absoft shall not be required to provide SUSS during any
period in which any amount due for Support is delinquent. Costs of telephone and
terminal equipment incurred by Licensee shall be the responsibility of Licensee.