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SOFTWARE LICENSE AGREEMENT (VISUALIS PHYSICS)
IT IS IMPORTANT THAT YOU READ THIS AGREEMENT BEFORE INSTALLING AND USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN THE LICENSOR (THE SOFTWARE PUBLISHER) AND THE LICENSEE.
THE SOFTWARE IS INTENDED FOR EDUCATIONAL USE ONLY AND SHOULD NOT BE USED IN ANY FIELD IN WHICH FAILURE COULD CAUSE INJURY, PERSONAL DAMAGE OR DAMAGE TO THE ENVIRONMENT.
1 LICENSE
1.1 In this agreement the expression "the software" means the computer program (Visualis Electromagnetism) and all associated media, printed documents, "online" or electronic documentation.
1.2 The software is licensed, not sold, for use in accordance with this License Agreement. The authors reserve all rights not expressly granted to you. Your ownership rights are limited to the physical media on which the software is recorded or fixed.
1.3 Unless you have obtained a different written license agreement from the publisher, your use of this software shall be governed exclusively by the terms and conditions of that agreement.
1.4 By installing, copying or using this software you accept the terms of this agreement. If you do not agree to its terms you must not use the software and return any copies in your possession to the publisher for a refund.
2 PERMITTED USES
2.1 Publisher hereby grants to you the following non-exclusive rights in and to the software, subject to the satisfaction of the stated criteria. The rights granted to you are personal and non-transferable.
2.2 Single License: you may use the software on one or more computers for your personal or professional use, provided that you have obtained from the publisher a unique user license number. With a single license, you may not use the software on a network or allow simultaneous use of the software by more than one person.
2.3 Establishment License: You may use the Software on a network of computers and/or permit simultaneous use of the Software by more than one person for personal or business use, provided that You have obtained from the publisher a 'establishment' license. The maximum number of concurrent users will be specified by the publisher at the time license numbers are issued.
3 YOUR OTHER RIGHTS AND OBLIGATIONS.
3.1 You may not export or distribute the software or any part of it.
4 RESERVATIONS OF RIGHTS
4.1 Except as expressly stated in this agreement, you may not copy, reproduce, publish, transmit, or misappropriate the Software. You also may not remove any proprietary marks, trademarks or labels from the software. Likewise, you may not modify, decompile, or duplicate the software or any part of it.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 The software is protected in terms of copyright by the laws applicable in the country where it is used and by the provisions of international treaties. Title "property of" and all rights and interests to and from each part of the software, (including copyrights, trademarks, exclusive rights to exploit or other intellectual property rights of any kind) and any copies, shall at all times remain the property of the authors and authorized distributors of the software.
6 LIMITED WARRANTY
6.1 Publisher warrants that the medium on which the software is provided (if provided as a CD or DVD, and if manufactured by or on behalf of Publisher) will generally be free of manufacturing error for a period of 30 days from purchase. The replacement of the support is only possible within this period of 30 days.
6.2 The software is provided "as is" without warranty of any kind expressed or implied. In particular, the publisher does not guarantee that the execution of the program will be uninterrupted or error-free. The publisher does not provide any guarantee and bears no responsibility for the use, or the consequences of the use of the software in terms of reliability, accuracy or otherwise.
6.3 No oral or written information or advice given by the authors, the publisher, its distributors or partners, constitutes a guarantee of any kind.
7 WARRANTY DISCLAIMER
7.1 UNDER APPLICABLE LAW, THE EDITOR DISCLAIMS ALL OTHER WARRANTIES RELATING TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR NEED OR PURPOSE. THE DURATION OF THE LEGALLY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY SET FORTH ABOVE. YOU USE THE SOFTWARE ENTIRELY AT YOUR OWN RISK.
8 EXCLUSION OF LIABILITY FOR LOSS
8.1 UNDER NO CIRCUMSTANCES SHALL THE EDITOR, THE AUTHORS OR ANYONE HAVING BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE HELD RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL TO THE USE OF THE SOFTWARE AND, IN PARTICULAR, ANY LOSS OF PROFITS OR LOST GAINS, LOSS OF INFORMATION, COMPUTER FAILURE, WORK INTERRUPTION OR OTHER DAMAGE, EVEN EVEN EVEN ANY EDITOR'S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9 REPAIR
9.1 The remedy for non-compliance with this contract by the publisher will be:
9.1.1 either the repair or the replacement of the support of the software provided that it is returned to the editor with the license proof,
9.1.2 either a refund of the price paid for the license of the software.
10 LIMITATION OF LIABILITY
10.1 IN NO EVENT SHALL PUBLISHER'S LIABILITY TO YOU UNDER THE CONTRACT OR DAMAGE EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE.
11 TERMINATION
11.1 In the event that you fail to comply strictly with the terms and conditions of this contract, it will terminate immediately without prejudice to any other remedies which the publisher may claim.
11.2 In the event that you wish to terminate this License Agreement, you may do so at any time by ceasing to use the Software.
12 UPDATE POLICY
12.1 The publisher may at any time create new versions of the software and may, at its discretion, make them available.
13 GENERAL TERMS
13.1 Irrespective of the country in which the software was acquired, the drafting, validity and performance of this contract shall be governed in all respects according to Swiss law.
13.2 If any provision of this contract is declared invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.
13.3 No waiver of any term of this contract will be considered.
13.4 This contract constitutes the entire agreement between you and the publisher with respect to this transaction. All changes to this contract must be written and signed by the publisher.
If you have any questions regarding this agreement, or wish to contact the publisher or authors for any reason regarding Visualis Physics software, please use the email address:
Visualis Physics, info@visualis-physics.com, support@visualis-physics.com
IT IS IMPORTANT THAT YOU READ THIS AGREEMENT BEFORE INSTALLING AND USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN THE LICENSOR (THE SOFTWARE PUBLISHER) AND THE LICENSEE.
THE SOFTWARE IS INTENDED FOR EDUCATIONAL USE ONLY AND SHOULD NOT BE USED IN ANY FIELD IN WHICH FAILURE COULD CAUSE INJURY, PERSONAL DAMAGE OR DAMAGE TO THE ENVIRONMENT.
1 LICENSE
1.1 In this agreement the expression "the software" means the computer program (Visualis Electromagnetism) and all associated media, printed documents, "online" or electronic documentation.
1.2 The software is licensed, not sold, for use in accordance with this License Agreement. The authors reserve all rights not expressly granted to you. Your ownership rights are limited to the physical media on which the software is recorded or fixed.
1.3 Unless you have obtained a different written license agreement from the publisher, your use of this software shall be governed exclusively by the terms and conditions of that agreement.
1.4 By installing, copying or using this software you accept the terms of this agreement. If you do not agree to its terms you must not use the software and return any copies in your possession to the publisher for a refund.
2 PERMITTED USES
2.1 Publisher hereby grants to you the following non-exclusive rights in and to the software, subject to the satisfaction of the stated criteria. The rights granted to you are personal and non-transferable.
2.2 Single License: you may use the software on one or more computers for your personal or professional use, provided that you have obtained from the publisher a unique user license number. With a single license, you may not use the software on a network or allow simultaneous use of the software by more than one person.
2.3 Establishment License: You may use the Software on a network of computers and/or permit simultaneous use of the Software by more than one person for personal or business use, provided that You have obtained from the publisher a 'establishment' license. The maximum number of concurrent users will be specified by the publisher at the time license numbers are issued.
3 YOUR OTHER RIGHTS AND OBLIGATIONS.
3.1 You may not export or distribute the software or any part of it.
4 RESERVATIONS OF RIGHTS
4.1 Except as expressly stated in this agreement, you may not copy, reproduce, publish, transmit, or misappropriate the Software. You also may not remove any proprietary marks, trademarks or labels from the software. Likewise, you may not modify, decompile, or duplicate the software or any part of it.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 The software is protected in terms of copyright by the laws applicable in the country where it is used and by the provisions of international treaties. Title "property of" and all rights and interests to and from each part of the software, (including copyrights, trademarks, exclusive rights to exploit or other intellectual property rights of any kind) and any copies, shall at all times remain the property of the authors and authorized distributors of the software.
6 LIMITED WARRANTY
6.1 Publisher warrants that the medium on which the software is provided (if provided as a CD or DVD, and if manufactured by or on behalf of Publisher) will generally be free of manufacturing error for a period of 30 days from purchase. The replacement of the support is only possible within this period of 30 days.
6.2 The software is provided "as is" without warranty of any kind expressed or implied. In particular, the publisher does not guarantee that the execution of the program will be uninterrupted or error-free. The publisher does not provide any guarantee and bears no responsibility for the use, or the consequences of the use of the software in terms of reliability, accuracy or otherwise.
6.3 No oral or written information or advice given by the authors, the publisher, its distributors or partners, constitutes a guarantee of any kind.
7 WARRANTY DISCLAIMER
7.1 UNDER APPLICABLE LAW, THE EDITOR DISCLAIMS ALL OTHER WARRANTIES RELATING TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR NEED OR PURPOSE. THE DURATION OF THE LEGALLY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY SET FORTH ABOVE. YOU USE THE SOFTWARE ENTIRELY AT YOUR OWN RISK.
8 EXCLUSION OF LIABILITY FOR LOSS
8.1 UNDER NO CIRCUMSTANCES SHALL THE EDITOR, THE AUTHORS OR ANYONE HAVING BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE HELD RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL TO THE USE OF THE SOFTWARE AND, IN PARTICULAR, ANY LOSS OF PROFITS OR LOST GAINS, LOSS OF INFORMATION, COMPUTER FAILURE, WORK INTERRUPTION OR OTHER DAMAGE, EVEN EVEN EVEN ANY EDITOR'S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9 REPAIR
9.1 The remedy for non-compliance with this contract by the publisher will be:
9.1.1 either the repair or the replacement of the support of the software provided that it is returned to the editor with the license proof,
9.1.2 either a refund of the price paid for the license of the software.
10 LIMITATION OF LIABILITY
10.1 IN NO EVENT SHALL PUBLISHER'S LIABILITY TO YOU UNDER THE CONTRACT OR DAMAGE EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE.
11 TERMINATION
11.1 In the event that you fail to comply strictly with the terms and conditions of this contract, it will terminate immediately without prejudice to any other remedies which the publisher may claim.
11.2 In the event that you wish to terminate this License Agreement, you may do so at any time by ceasing to use the Software.
12 UPDATE POLICY
12.1 The publisher may at any time create new versions of the software and may, at its discretion, make them available.
13 GENERAL TERMS
13.1 Irrespective of the country in which the software was acquired, the drafting, validity and performance of this contract shall be governed in all respects according to Swiss law.
13.2 If any provision of this contract is declared invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.
13.3 No waiver of any term of this contract will be considered.
13.4 This contract constitutes the entire agreement between you and the publisher with respect to this transaction. All changes to this contract must be written and signed by the publisher.
If you have any questions regarding this agreement, or wish to contact the publisher or authors for any reason regarding Visualis Physics software, please use the email address:
Visualis Physics, info@visualis-physics.com, support@visualis-physics.com