NOLTA SIMULATED SYSTEMS SOFTWARE
AdvDCSMT1DCSS TRIAL END-USER LICENSE AGREEMENT
IMPORTANT—READ CAREFULLY: This Trial End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Nolta Simulated Systems Software (“NSSyssoft”) for only the Trial version of NSSyssoft software and documentation that accompanies this EULA, which is defined as "Software" that includes computer programs and information, associated media (downloaded computer files), explanatory computer files and, if any, Internet-based services. An amendment or addendum to this Trial EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS TRIAL EULA BY DOWNLOADING THE SOFTWARE FOR NO CHARGE FROM THE NSSyssoft WEBSITE OR RECEIVED E-MAIL, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
IF YOU DO NOT AGREE, DO NOT DOWNLOAD, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
NSSyssoft DOES NOT PERMIT OR OFFER REFUNDS FOR SOFTWARE DOWNLOAD PURCHASES OR ITS DOWNLOADED SOFTWARE.
NSSyssoft SINGLE USER-SINGLE COMPUTER SOFTWARE LICENSE
1. LICENSE GRANTS. NSSyssoft grants you the rights described in this Trial EULA provided that you comply with all terms and conditions of this Trial EULA. This is not free software.
NSSyssoft grants to you as an individual, a personal, nonexclusive temporary license without charge to use the Software only on an appropriate single computer for a Limited Trial Period defined by NSSyssoft below, provided that you are the only individual using the Software and that computer.
If you are an entity, NSSyssoft grants to you a personal, nonexclusive temporary license without charge to use the Software only on an appropriate single computer for a Limited Trial Period defined by NSSyssoft below, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual and their associated appropriate single computer.
This Software is Capability/Feature-Limited as compared to the Non-Trial [Standard-Licensed (Purchased)] AdvDCSMT1DCSS's Key Capabilities and Features and can be used without charge for a Time-Limited (10 days) or Number of Uses-Limited (200 Uses, Maximum) Trial Period for whichever limitation comes first after first being installed on the appropriate single computer. Only one (1) installation of the Software is allowed. Upon expiration of the Trial Period, you shall discontinue immediately any and all use of the Software and you shall delete from your computer the electronic copies of the Software.
If you want to use the Software after the Trial Period, you must purchase the Standard-Licensed version of the AdvDCSMT1DCSS for a charge from NSSyssoft. Consult the NSSyssoft website (http://www.noltasssoft.com) for purchase and associated information. Use of AdvDCSMT1DCSS after the expiration of this EULA defined Trial Period without purchasing the Standard License from NSSyssoft is a violation of U.S. and international copyright laws (and is beyond the scope of this Trial License).
You may not make copies of any documentation or republish or distribute (either in hard copy or electronic form) copies of any documentation beyond your premises.
You may store or install a copy of the Software on a storage device. A single license for the Software may not be shared or used concurrently by multiple end users.
The Software may also contain third party software programs. Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software.
2. PRODUCT PROTOTYPE CODE. The AdvDCSMT1DCSS Software may be identified as Product Prototype (Experimental) code (“Product Prototype Code"). Such Product Prototype Code may not be at the level of performance and compatibility of "polished", generally available general-purpose software offerings. The functionality of this code is dependent on your computer's processing and storage capabilities.
THIS PRODUCT PROTOTYPE CODE MAY NOT OPERATE CORRECTLY DUE TO PROGRAM ERROR (S), "BUG (S)", OMISSIONS, INTERRUPTIONS AND/OR COMPUTER-BASED FACTORS WITH THE POSSIBLE RESULT OF DATA LOSS.
GIVEN THE COMPLEXITY AND NATURE OF THIS PRODUCT PROTOTYPE CODE FOR ADVDCSMT1DCSS, A SYSTEM SIMULATOR, THIS CODE FOR CERTAIN INPUT CONFIGURATIONS HAS NOT BEEN VERIFIED OR TESTED.
NSSyssoft ACCEPTS NO RESPONSIBILITY FOR ANY MATHEMATICAL OR TECHNICAL LIMITATIONS OF THE PROCEDURES AND FUNCTIONS WHICH MAKE UP THIS PRODUCT PROTOTYPE CODE. THIS CODE SHOULD NOT BE DEPENDED ON FOR SOLVING A PROBLEM WHOSE INACCURATE SOLUTION COULD RESULT IN LOSS OF LIFE, IN INJURY TO A PERSON, OR LOSS OF PROPERTY.
YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THIS PRODUCT PROTOTYPE CODE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF THE USE OF THIS CODE AND YOU ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
3. RESERVATION OF RIGHTS AND OWNERSHIP. THE SOFTWARE IS NOT SOLD, IT IS TEMPORARILY LICENSED TO YOU. NSSyssoft reserves all rights not expressly granted to you in this Trial EULA. The Software is protected by copyright and other intellectual property laws and treaties. NSSyssoft or its suppliers own the title, copyright, and other intellectual property rights in the Software.
4. RESTRICTED USES. All uses of the Software and Documentation not specifically allowed in the License Grants section of this License Agreement are disallowed. The following is a partial list of forbidden uses of the Software and Documentation.
4.1 You may not copy the Software except as provided above.
4.2 You may not modify or adapt the Software or merge it into another program in any manner.
4.3 You may not reverse engineer, decompile, or disassemble the Software or make any attempt to discover the source code of the Software.
4.4 You may not place the Software onto a server so that it is accessible via a public network such as the Internet.
4.5 You may not sublicense, rent, lease or loan the Software or Documentation.
4.6 You may not alter, remove or obscure any copyright, trade secret, proprietary and/or other legal notices on or in Software and Documentation.
5. CONSENT TO USE OF DATA. You agree that NSSyssoft may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. NSSyssoft may use this information solely to improve our product (s) or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
6. ERROR REPORTING (LINK) TO THIRD PARTY SITE. You may link to third party site through the use of the Software as a result of Software failure and error reporting. The third party site is not under the control of NSSyssoft, and NSSyssoft is not responsible for the contents of any third party site, any links contained in third party site, or any changes or updates to third party site. The inclusion of any link does not imply an endorsement by NSSyssoft of the third party site.
7. ADDITIONAL SOFTWARE/SERVICES. This Trial EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that NSSyssoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. NSSyssoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. REVISIONS/UPDATES. To use a version of the Software identified as a revision or an update (if any), you must first be licensed for the software identified by NSSyssoft as eligible for the revision or update. After revising or updating, you may no longer use the software that formed the basis for your revision or update eligibility.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
10. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this Trial EULA and Software to another end user for Trial purposes without charge of any kind, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media, any updates and this Trial EULA). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the Trial EULA terms.
11. TERMINATION. Without prejudice to any other rights, NSSyssoft may terminate this Trial EULA if you fail to comply with the terms and conditions of this Trial EULA. In such event, you must destroy all copies of the Software and all of its component parts.
12. NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
THE SOFTWARE IS DISTRIBUTED, PROVIDED AND LICENSED "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. NSSyssoft AND ITS SUPPLIERS GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS; MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE; AND DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU BEAR ALL THE RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF ERRORS OR OMISSIONS (PROGRAM AND/OR DOCUMENTATION), DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF NINETY DAYS. AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any revisions, supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of an implied warranty or condition (as imposed by applicable law, if any) is as set forth below. YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. No remedy is available such as a refund since No Charge, Fee or Purchase was made by you for the Software (Trial version).
The terms of Section 14 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this No Warranty Trial EULA. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have specific rights which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. NSSyssoft’s and its suppliers’ entire liability and your exclusive remedy for any breach of this Trial EULA or for any other liability relating to the Trial-Licensed NSSyssoft software shall be None for the Software (Trial version). NSSyssoft’s and its suppliers’ entire liability and your exclusive remedy for any breach of the Standard EULA or for any other liability relating to the Standard-Licensed NSSyssoft software shall be, at NSSyssoft’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the software, or (b) repair or replacement of the software, that is returned to NSSyssoft with a copy of your receipt. You will receive the remedy elected by NSSyssoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the software to NSSyssoft). NSSyssoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with NSSyssoft’s remedy procedures. To exercise your remedy, contact: NSSyssoft.
13. DISCLAIMER OF WARRANTIES.
EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NSSYSSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NSSYSSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS TRIAL EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF NSSYSSOFT OR ANY SUPPLIER, AND EVEN IF NSSYSSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF NSSYSSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY NSSYSSOFT WITH RESPECT TO ANY BREACH OF THIS NO WARRANTY TRIAL EULA) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (TRIAL VERSION US$0.00) OR US$0.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 12, 13, AND 14) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
16. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein.
17. APPLICABLE LAW. This Trial EULA is governed by the laws of the United States and the State of California without regard to its conflicts of law rules. This Trial EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
18. ENTIRE AGREEMENT; SEVERABILITY. This Trial EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and NSSyssoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Trial EULA. To the extent the terms of any NSSyssoft policies or programs for support services conflict with the terms of this EULA, the terms of this Trial EULA shall control. If any provision of this Trial EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Should you have any questions concerning this Trial EULA, or if you desire to contact Nolta Simulated Systems Software (NSSyssoft) for any reason, please find the address information by visiting NSSyssoft on the World Wide Web at http://www.noltasssoft.com.