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SIMION(R) END USER LICENSE AGREEMENT, FOR VERSION 8.0/8.1/8.2
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This End-User License Agreement ("EULA") is a legal agreement between
you (the licensed "USER") and Adaptas Solutions, LLC
Inc. ("Adaptas"). It specifies the terms and conditions under which you
may access, install and/or use ("USE") the SIMION(R) software, related
explanatory materials, and updates provided to you (the "SOFTWARE").
Your use of the Software constitutes your acceptance of the terms of
this EULA. If you do not agree to these terms, promptly return the
Software with proof of payment to your place of purchase for a full
refund. This EULA constitutes the entire agreement between You and
SIS concerning the subject matter hereof, and it may only be modified
by a written amendment signed by an authorized executive of SIS.
The Software is copyright (c) 2003-2024 Adaptas Solutions, LLC
(Adaptas), all rights reserved, and is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The Software is licensed,
not sold.
1. LICENSE GRANT AND EXCLUSIONS
(a) USE
The software may be installed and used either
(1) on a single computer operated by at most one user at a time OR
(2) on multiple computers operated by a single user.
Note: Option 2 is provided to allow a single licensed user to run
SIMION on additional computers, such as a personal home computer or
laptop, or for spreading a difficult calculation across multiple
CPUs.
(b) SPECIAL LICENSES
Special licenses, if purchased or acquired, carry additional terms, including:
* ACADEMIC OR US GOVERNMENT LICENSES are permitted only for academic
or US government use.
* SIMION LAB KIT ACADEMIC SITE LICENSES may be installed and used on up
to 30 computers by a single department at a single institution or in a
single computer lab.
* DEMO VERSIONS expire no more than one year after their release
date and may not be used after that time.
DEMO VERSIONS are intended for evaluation purposes only
and many not otherwise be used for commercial purposes.
* LEASES expire at the end of their defined term and may not be
used after that time.
* Any other exceptions or special terms can be provided only by
formal written notice.
(c) UPDATES
You may download some free upgrades to the Software (if and when
available) from simion.com by providing your SIMION license key.
If you purchased or renewed a SIMION version 8.x license,
you are entitled to 8.x version updates released within a year of your
purchase or (at the discretion of Adaptas) longer.
Your license key is for you use only, and by downloading updates, you
assert that you are the legal owner of the license key.
(d) BACKUPS
Additional copies of the Software may be made solely for backup
purposes.
(e) MODIFICATIONS
Your may not alter, modify or remove any copyright or other
proprietary notices; disassemble, reverse engineer, or modify the
binaries.
(f) TRANSFER
Except as permitted below, you may not rent, lease, license,
transfer, distribute or disseminate the Software, derivative works
thereof, or license keys, including by posting it on a public
network.
You may permanently transfer all of your rights under this EULA only
as part of a sale or transfer, provided you retain no copies, you
transfer all of the Software unmodified (including all component
parts, the media and printed materials, any upgrades, the current
version and each of the prior versions included herewith, this EULA,
the license keys, and, if applicable, all other Software products
provided together with the Software), and the recipient agrees to
the terms of this EULA. If the Software is an upgrade, any transfer
must include all prior versions of the Software from which you are
upgrading. Lab kits must be transfered as a whole. You may retain
no copies of the Software. You may not sell or transfer any Trial,
Beta, or Not For Resale Version of the Software. Transfers may
disable free updates.
(g) SOURCE AND LIBRARIES
Derivative works based on the source examples or source libraries
from SIMION x.y may be distributed in source or binary form only to other
licensees of SIMION >= x.y--i.e. for use with another SIMION license.
Copyright and credits must be retained in all derivatives. Special
exceptions to these terms may be permitted in writing.
(h) TERMINATION
In the event that you fail to comply with this EULA, SIS may
terminate the license and you must destroy all copies of the
Software (with all other rights of both parties and all other
provisions of this EULA surviving any such termination).
2. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS, COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE
SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY,
WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF
OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE. SIS DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS NOR DOES IT MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE SOFTWARE IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
3. US GOVERNMENT Rights to SIMION 7.0
The United States Government is granted for itself and others acting
on its behalf, a paid-up nonexclusive, irrevocable worldwide license
in this SOFTWARE to reproduce, prepare derivative works and perform
publicly and display publicly.
NEITHER THE U.S. NOR THE U.S. NOR THE U.S. DEPARTMENT
OF ENERGY, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY,
EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR
PROCESS DISCLOSED; OR REPRESENTS THAT ITS USE WOULD NOT
INFRINGE PRIVATELY OWNED RIGHTS.
SIMION 7.0 resulted from work developed under Government Contract
No. DE-AC07-99ID13727 at the Idaho National Laboratory (INL) and is
subject to a Limited Government License. This work was supported by
the U.S. Department of Energy INL (INEEL) internal research funds and
by the Division of Chemical Sciences, Basic Energy Sciences, Office of
Science, Department of Energy under contract 3ED102.
SIMION 7.0 (c) 2000-2005, 2010 Battelle Energy Alliance,
LLC (BEA) on behalf of Idaho National Laboratory (INL).
4. Contained Licensed Software
This Software includes or is derived from other works in binary form
that are copyrighted and licensed by their respective authors.
Licenses for these items can be found in the SIMION distribution
(docs/license_more.txt file or "license" page
in the supplemental electronic documentation).
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