End user agreement for ISS Foresight
ATTENTION: In consideration of your agreement to comply with the terms and conditions of this License Agreement, ISS grants you, the LICENSEE, a non-exclusive license to use the SOFTWARE and to view the documentation on a single computer system. It is also agreed that the License is non-transferable. The LICENSEE may not use the SOFTWARE on a network server or on more than one computer terminal at the same time. This Agreement does not grant the LICENSEE any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, functions or licenses in respect of the SOFTWARE. IN SITU SIMULATION END USER LICENSE AGREEMENT ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) AND ALL APPLICABLE ADDENDA (“LICENSE”), WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT, AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY CORE IN SITU SIMULATION (9107-9368 QUÉBEC INC) AND INCLUDES THE FOLLOWING: 1. General License Agreement 2. Trial Version Addendum to the General License Agreement 3. Academic Version Addendum to the General License Agreement 1. GENERAL LICENSE AGREEMENT 1.1=LICENSE TERMS FOR ISS SOFTWARE Please read this License Agreement before installing or otherwise using this software. When you install or use this software, you agree to be bound by the terms of this License. If you did not obtain this copy of the software legally, please destroy the copy immediately. Note also that if you use or install the try & buy version of this software, you benefit from a one-time free trial period, the duration of which is specified in the software, before deciding or not to purchase a user license. If you do not accept these terms, promptly cease all further installation or use of the software. 1.2=DEFINITIONS In this Agreement: “ISS” means In Situ Simulation; “LICENSE AGREEMENT” means this Agreement, including any other document incorporated herein by reference, namely the Software Privacy Statement; “LICENSEE” means you, the licensee of the SOFTWARE; “SOFTWARE PRIVACY STATEMENT” means the Software Privacy Statement applicable to ISS software including add-ins and databases; “SOFTWARE” means the platform, databases, media and add-ins, depending on the product type purchased or used by the LICENSEE, the platform, databases, add-ins , medias are commercial products, including any technology and utility software licensed by ISS from the developers and owners thereof, together with all accompanying documentation; 1.3=LICENSE In consideration of your agreement to comply with the terms and conditions of this License Agreement, ISS grants you, the LICENSEE, a non-exclusive license to use the SOFTWARE and to view the documentation on a single computer system. It is also agreed that the License is non-transferable. The LICENSEE may not use the SOFTWARE on a network server or on more than one computer terminal at the same time. This Agreement does not grant the LICENSEE any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, functions or licenses in respect of the SOFTWARE. 1.4=PRIVACY Demographic information (country) and contact information (e-mail address) are collected by ISS through the registration process. ISS uses this data to tailor its products and services. ISS also uses customer contact information to send information about ISS to users who indicated a preference to receive notification of product news and events. ISS does not sell, rent or disclose this information to other companies. You may remove yourself from the mailing list at any time. The LICENSEE acknowledges that the Software Privacy Statement forms an integral part of this Agreement and accepts the terms and conditions set forth therein. ISS may modify the Software Privacy Statement at any time by posting on its Web site. Your continued use of the SOFTWARE following notice of any such modification that may be posted on the SOFTWARE Web site or notified to you by any other means will be deemed conclusive acceptance of the revised terms of this Agreement. If any such revision is unacceptable to you, terminate use of the SOFTWARE immediately. 1.5=COPYRIGHT AND RESTRICTIONS ON USE The SOFTWARE contains copyrighted material and, in its humanly readable form, contains trade secrets and proprietary information owned by, or licensed to, ISS. Title to, and ownership of, the SOFTWARE and the documentation that accompanies the SOFTWARE and all intellectual property rights in the SOFTWARE and said documentation are, and shall remain, the sole property of ISS and/or its licensors. However, copyrights on projects, images, abstracts, 3D objects, textures and templates produced using the SOFTWARE remain the exclusive property of the holder of copyrights on the original information. Thus, neither ISS nor the LICENSEE may claim copyrights on a summary resulting from use of the SOFTWARE, and no right is granted to either party as a result of use of the SOFTWARE.=== By transmitting any suggestions, information, material, projects, media or other content (collectively, “contents”) to ISS, the LICENSEE (a) represents and warrants that such contents do not infringe upon the intellectual property or proprietary rights of any third parties (including, but not limited to, patents, copyrights, trademarks, or trade secrets), and that he or she has all rights necessary to convey such contents to ISS, and (b) automatically grants to ISS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such contents (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such contents. Further, ISS is free to use any ideas, concepts, know-how, techniques and suggestions contained in any contents or communications that the LICENSEE sends for any purpose whatsoever, including, but not limited to, creating, manufacturing, and marketing products and/or services using such information. The LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to humanly readable form. The LICENSEE may not modify, rent, lease, lend the SOFTWARE or distribute copies of it. The LICENSEE may not electronically transfer the SOFTWARE over a network, a telephone circuit or the Internet. The LICENSEE may not create derivative software based upon any trade secret or proprietary information of ISS and/or its licensors. The LICENSEE may not sub-license, assign or transfer this License. The LICENSEE may not copy the printed information in the package. The LICENSEE may not adapt or use any trademark or trade name, which is similar to, or likely to be confused with, that of ISS or any of its licensors, or take any other action that impairs or reduces the trademark rights of ISS or of its licensors. The LICENSEE may make one copy of the SOFTWARE for backup or archival purposes, provided that the LICENSEE duplicates the copyright notice and other identifying information on the disk’s label, and affixes such notice to the backup copy. The LICENSEE may print a copy of the documentation from the disk only for the LICENSEE’s use for the sole purpose of operating the SOFTWARE. 1.6=NO WARRANTY ISS does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. ISS is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software nor for problems in the interaction of the Software with non-ISS Software. ISS will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication. 1.7=LIMITATION OF LIABILITY THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED, AND TO ANY REMEDY AGAINST ISS AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE PRECEDING EXCLUSIONS MAY NOT APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ISS AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF THE LICENSEE’S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT ISS AND/OR ANY OF ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION ALSO INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST THE LICENSEE. ISS AND/OR ITS LICENSORS MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, CORRECTNESS, TIMELINESS OR SUITABILITY OF THE CONTENTS OF ANY PROJECT, SERVICE, MEDIA OR INFORMATION PROVIDED BY THE USE OF THE SOFTWARE, AND TAKE NO RESPONSIBILITY THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ISS AND/OR ITS LICENSORS BE LIABLE IN ANY MANNER WHATSOEVER FOR THE USE OF A NON-PROPRIETARY DATABASE, PROJECT, TEMPLATE, MEDIA THAT MAY BE ADDED TO THE SOFTWARE. IN THE EVENT IN SITU SIMULATION IS LIABLE FOR ANY DAMAGES, IN SITU SIMULATION’S LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT. 1.8=EXPORT LAW ASSURANCES The LICENSEE agrees that the SOFTWARE and other technical information, both printed and verbal, received from ISS will not be exported outside the United States except as permitted by the laws and regulations of the United States. If the LICENSEE rightfully obtains the SOFTWARE and accompanying information outside the United States, the LICENSEE agrees not to re-export the SOFTWARE and information, except as permitted by the laws and regulations of the United States and the jurisdiction in which the LICENSEE obtained the SOFTWARE. 1.9 ELIGIBILITY If you are downloading this Product from the Web, to be eligible to download the Product you must be in compliance with applicable export laws. By accepting the EULA you are representing and warranting to ISS you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Product, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Product, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Product for, and will not allow the Product to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to download the Product. 1.10 TERMINATION This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if the LICENSEE fails to comply with any provision of this Agreement. Upon termination, the LICENSEE must immediately stop using the SOFTWARE, erase or destroy all copies of the SOFTWARE, and destroy all printed information provided with the SOFTWARE. 1.11 ENTIRE AGREEMENT This License Agreement constitutes the entire agreement between the LICENSEE and ISS, and supersedes any other prior agreements or communications regarding the SOFTWARE. If any provision of this agreement is held invalid, the remainder of this agreement shall remain in effect. 1.12 WAIVER The failure by ISS or any of its licensors to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance by the LICENSEE of any of the provisions herein will not in any way be construed as a waiver of such provisions. 2. TRIAL VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT IF THIS PRODUCT IS IDENTIFIED AS A TRIAL VERSION, YOUR USE OF THE TRIAL VERSION PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS TRIAL VERSION ADDENDUM. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS TRIAL VERSION ADDENDUM, THE TERMS OF THE TRIAL VERSION ADDENDUM SHALL GOVERN. THE PRODUCT IS A LIMITED DURATION TRIAL VERSION ONLY AND WILL BECOME INOPERABLE AS INDICATED BY THE NUMBER OF DAYS SPECIFIED IN YOUR TRIAL COPY AFTER YOU LAUNCH THE PROGRAM. AFTER THIS DATE, YOU WILL NOT BE ABLE TO ACCESS ANY FILES CREATED WITH THIS TRIAL VERSION UNLESS YOU HAVE INSTALLED A RETAIL VERSION OF THE PRODUCT. THIS TRIAL VERSION CONTAINS ALL MAJOR MODULE(S) INCLUDED IN THE RETAIL VERSION OF THE PRODUCT. EXTRA VALUE COMPONENTS AND APPLICATIONS OF THE RETAIL VERSION OF THE PRODUCT ARE NOT INCLUDED. ALL REFERENCES TO OTHER APPLICATIONS, EXTRA LIBRARIES OR OTHER CD-ROMS THAT MAY APPEAR IN THIS TRIAL VERSION OF THE PRODUCT ARE NOT APPLICABLE. YOU ARE GRANTED A LICENSE TO USE THE TRIAL VERSION OF THE PRODUCT ONLY. SUCH LICENSE SHALL CONTINUE FOR THE PERIOD SET OUT IN YOUR TRIAL VERSION, AFTER WHICH TIME YOUR LICENSE TO USE THE TRIAL VERSION SHALL TERMINATE. ANY ATTEMPT TO CIRCUMVENT ANY EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM OR OTHER MECHANISM CONTAINED WITHIN THE SOFTWARE WHICH IS INTENDED TO LIMIT YOUR ABILITY TO USE THE SOFTWARE TO A SPECIFIED PERIOD IS A VIOLATION OF THIS LICENSE. ANY ATTEMPT TO CIRCUMVENT ANY SUCH EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM SHALL RESULT IN THE IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE. 3. ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT 3.1 IF THIS PRODUCT IS IDENTIFIED AS AN ACADEMIC EDITION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS ACADEMIC EDITION ADDENDUM, THE TERMS OF THIS ACADEMIC ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN GENERAL LICENSE AGREEMENT, YOU MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR YOUR LICENSE TO USE THE PRODUCT TO A THIRD PARTY. 4. LANGUAGE OF AGREEMENT The LICENSEE agrees that this agreement is to be drafted in the English language. Le licencié accepte que la présente convention soit rédigée en anglais. 5. GOVERNING LAW This Agreement shall be governed and be construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. All conflicts between the parties shall be settled in the district of Montreal, province of Quebec, Canada, parties electing domicile in the said district.