|
Software
License Agreement and Disclaimer
USE OF
SOFTWARE OBTAINED FROM LATENTIX.COM OR LATENT5.COM IS SUBJECT TO THESE
LATENT5 SOFTWARE LICENSE TERMS (“LICENSE”).
BY DOWNLOADING AND INSTALLING
ANY LatentiX SOFTWARE PRODUCT (“SOFTWARE”), YOU ARE AGREEING TO BE BOUND BY
THESE TERMS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT
DOWNLOAD THE SOFTWARE OR INSTALL IT ON YOUR SYSTEM.
LATENT5 RESERVES THE
RIGHT TO RECORD AND MAINTAIN RECORDS OF ALL DOWNLOAD ACTIVITIES.
-
License.
The Software is licensed and not sold. Latent5 grants to you a personal,
nonexclusive license to Use the Software only on a computer that is directly
or indirectly in control by you. “Use” means storing, loading, installing,
executing or displaying the Software. You may not modify the Software or
disable any licensing or control features of the Software. You are obtaining
no rights in the Software except those given in this limited license.
-
Ownership.
The Software, together with all intellectual property rights embodied
therein, is owned by Latent5 and/or its third party suppliers, including
MathWorks Inc., and the Software is protected by Danish copyright laws and
international treaties. Your license confers no title or ownership in the
Software. Latent5’s third party suppliers may protect their rights in the
event of any violation of this License.
-
Copies.
You may make one copy of the Software for backup or archival purposes, or
when copying is an essential step in the authorized Use of the Software. You
must reproduce all copyright notices in the original Software on all copies.
You may not copy the Software onto any bulletin board or similar system, nor
can you copy the user documentation provided with the Software except for
your own authorized use.
-
Restrictions on Use.
The Software contains copyrighted material, trade secrets, and other
proprietary material of Latent5 and its suppliers. You are not permitted to
-
modify, adapt, alter, translate, decompile, disassemble or otherwise
reverse engineer the Software or reduce the Software to human-readable form
by any means whatsoever;
-
remove any identification, copyright or other notices from the
Software;
-
create a derivative work of any part of the Software;
-
rent, lease, loan or distribute the Software in whole or in part.
In addition
to the restrictions set forth above, you are expressly not permitted to Use
the Software in conjunction with the operation of nuclear facilities,
aircraft navigation, aircraft communication, aircraft flight control,
aircraft air traffic control systems, weapons devices or systems, or in any
device or systems in which a malfunction (including, without limitation,
software related delay or failure) would result in foreseeable risk of
injury or death to the operator or system, or to others. If European
Community law is applicable, the restrictions in Section 4(1) are limited so
that they prohibit such activity only to the maximum extent such activity
may be prohibited without violating the EC Directive on the Legal Protection
of Computer Programs. Notwithstanding the foregoing, prior to any such
legally excused decompiling, disassembly or reverse engineering of the
Software, you must first issue a written request to Latent5 for information
or assistance and you shall refrain from decompiling, disassembly, or
otherwise reverse engineering any of the Software unless Latent5 cannot, or
fails, to comply with such request within a commercially reasonable period
of time.
-
Transfer.
Your license will automatically terminate upon any transfer of the Software.
Upon transfer, you must cease all use and deliver the Software, including
any copies and related documentation, to the transferee. The transferee must
accept and be bound by this License as a condition of the transfer.
-
Third Party Software.
The download of the Software may also include third party software products
(“Third Party Software”), which require that you enter into, or be subject
to, a separate license agreement with the publisher of such software in
conjunction with your original installation. You understand that your use of
the Third Party Software is governed by the terms of the Third Party
Software end user license agreement and not by this License, and you agree
to abide by that third party license agreement.
-
Termination.
Latent5 may terminate your license upon notice of failure to comply with any
of the terms of this License. Upon termination, you must immediately destroy
the Software, together with all copies thereof. The disclaimers in Sections
8 and 9 and the provisions of Sections 6, 10, 11 and 12 shall survive any
termination.
-
Disclaimer of Warranty.
Latent5 is licensing the Software to you “as is” and without any warranty of
any kind. You accept all risks, which may arise from downloading the
Software, including, without limitation, corruption of existing data or
software, misinterpretation of results, insufficient validation and testing
and inadequate experience in use of the software. Neither Latent5 nor its
suppliers warrant that the Software will meet your requirements or that the
operation of the Software will be uninterrupted or that the Software will be
error-free. LATENT5 AND ITS SUPPLIERS HEREBY DISCLAIM WITH REGARD TO THE
SOFTWARE ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF
THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the
above limitations may not be applicable to you. This limited warranty
provides specific legal rights. Other rights may vary from jurisdiction to
jurisdiction.
-
Limitation of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW OR FOR BODILY INJURY, IN NO
EVENT SHALL LATENT5 OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, BE LIABLE
FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF
ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS
OR DOWNTIME COSTS) ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE
RESULTS OF USE OF, THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT
OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LATENT5 OR ITS SUPPLIERS
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU
FOR THE SPECIFIC LATENT5 PRODUCT TO WHICH THE LIABILITY IS RELATED. THE
FOREGOING LIMITATION SHALL NOT APPLY TO ANY DAMAGES INTENTIONALLY CAUSED BY
LATENT5 IF NOT ALLOWED BY EU OR EU MEMBER STATE LAW. Some jurisdictions do
not allow the exclusion or limitation of liability for incidental or
consequential damages, so the above limitation may not apply to you.
-
Export Restrictions.
You agree and certify that neither the Software nor any technical data
received from Latent5, nor the direct product thereof, will be exported
outside the country in which you download the Software. You agree to comply
fully with all laws and regulations of Denmark, United States, and other
countries to assure that neither the Software, or any direct products
thereof are: exported, directly or indirectly, in violation of any
applicable export control laws or used for any purpose prohibited by such
export control laws, including, without limitation, nuclear, chemical or
biological weapons proliferation. None of the Software or underlying
information or technology may be downloaded, exported, transferred, or
re-exported in violation of applicable export, import or other laws or
regulations.
-
Government Restricted
Rights.
The Software is provided with RESTRICTED RIGHTS. The Software is a
commercial software product, licensed on the open market, and was developed
entirely at private expense and without government funds. Any use,
modification, reproduction, release, performance, display, or disclosure of
the Software by any government entity shall be governed solely by the terms
of this License and shall be prohibited except to the extent expressly
provided under this License. No license to the Software is granted to any
government entity requiring different terms. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software – Restricted Rights clause at 48 CFR 52.227-19,
as applicable. Manufacturer is Latent5, Denmark.
-
General.
This License will be governed by the laws of Denmark, without regard to
principles of conflicts of laws. This License may only be modified by a
written document, which has been signed by both you and Latent5. Should any
provisions of this License be declared invalid by any court of competent
jurisdiction, the balance of the License will remain in full force and
effect. This is the entire agreement between you and Latent5, and supersedes
any prior agreement, whether written or oral, relating to the subject matter
of this License. This License shall be exclusively interpreted in accordance
with the English language with the meaning of its terms. Should a translated
version of this License deviate from the English language version, only the
English version shall apply and be binding.
Release version 1.04
|
