simFlow license agreement
Copyright © 2012-2016 SIMFLOW Technologies sp. z o.o., All rights reserved.
This License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and SIMFLOW Technologies sp. z o.o. (“SIMFLOW Technologies”) for the SIMFLOW Technologies software product identified above, which includes computer software, electronic documentation, and the associated printed materials (“Software”). By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not download or use the Software and have to destroy all copies of the Software in your possession.
SIMFLOW Technologies hereby grants to you a non-exclusive, non-transferable, worldwide, limited (without the right to sublicense) license to use the accompanying Software on the following terms:
You may: a. use the Software on any single computer; b. use the Software on a second computer as long as the first and second computers are not used simultaneously; and c. copy the Software for backup purposes, provided any copy must contain all of the original Software’s proprietary notices.
You may not: a. permit other individuals or entities to use the Software; b. modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; c. copy the Software (except for backup purposes); d. rent, lease, or otherwise transfer rights to the Software; or e. remove any proprietary notices or labels on the Software. f. all files generated by the Software and their content cannot be copied or used in any external software, except for manual modifications of the file’s content. g. share the license file provided by SIMFLOW Technologies to you with other individuals or entities.
The Software is in “use” on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM) of that computer.
You may use the Software only when you have a valid license. The features available in the Software depend on the mode the Software is running, and the availability of the features can be either limited (“Evaluation Mode”) or unlimited (“Commercial Mode”). The Software runs in an Evaluation Mode by default. You can use the Software running in the Commercial Mode only if you have a valid license file assigned to the media access control address of your computer (also known as the “MAC address”), and provided to you by SIMFLOW Technologies.
TITLE AND TRADEMARKS
Title, ownership rights, and intellectual property rights in and to the Software, and any copies of the Software shall remain with SIMFLOW Technologies and/or its suppliers. The Software is protected by the copyright laws of the Republic of Poland and international copyright treaties. Title, trade names, trademarks, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License does not grant permission to use such content, except as required for reasonable and customary use in describing the origin of the Software.
SERVICE AND SUPPORT
The service and support that SIMFLOW Technologies offers for the Software under this Agreement are limited to the service or support, if any, that is freely available on the websites owned and operated by SIMFLOW Technologies.
This license never terminates, except for the case if you fail to comply with the limitations described above. If you have a license file, you can run the Software in the Commercial Mode until the validity of the license file expires. After the expiration date you still have the right to use the Software, but the Software will automatically run in the Evaluation Mode.
CONNECTION TO THE INTERNET
To operate correctly the Software requires connection to the Internet and must connect at regular intervals. Connection to the Internet is necessary for downloading updates to the Software, reporting errors and, and using the Software in the Commercial Mode in particular. The Software will not send any data without your prior consent.
The Software is supplied on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. SIMFLOW Technologies makes no other express warranty and no warranty of noninfringement of third parties’ rights. You are solely responsible for determining the appropriateness of using the Software and assume any risks associated with Your exercise of permissions under this Agreement. You will bear all risks as to quality and performance of the program. Without limiting the generality of the foregoing, you assume the entire cost of any service or repair and of any damage resulting from the information contained in or compiled by the Software, you assume all responsibilities for selection of the Software to achieve your intended results, and for the installation of, use of, and results obtained from the Software. This document does not represent any commitment to release or implement any portion of the software in any product. In addition, the software could include technical inaccuracies or typographical errors. No SIMFLOW Technologies dealer, agent, or employee is authorized to make any modifications, extensions, or additions to this warranty. This warranty gives you specific legal rights, and you may have other legal rights that vary from country to country or by jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall SIMFLOW Technologies or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of SIMFLOW Technologies’s list price for a license to the Software, if any, even if SIMFLOW Technologies shall have been informed of the possibility of such damages, or for any claim by any other party.
THIRD PARTY SOFTWARE
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located in licenses.txt file in the Software installation directory, and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
SIMFLOW Technologies is willing to license this software to you only upon the condition that you accept all of the terms contained in this agreement. Please read the terms and conditions of this agreement carefully. By downloading the Software, you accept the terms and conditions of the agreement. if you are not willing to be bound by it, you have to destroy all copies of the Software in your possession.
This Agreement is the parties’ entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Any action related to this Agreement will be governed and controlling by the law of the Republic of Poland.
None of the OPENFOAM® related products and services offered by SIMFLOW Technologies sp. z o.o. are approved or authorized by OpenCFD® Ltd. (ESI Group), owner of the OPENFOAM® and OpenCFD® trade marks and producer of the OpenFOAM software.