Terms for Structural Analysis and Design Libraries
Terms and Conditions for using ENGISSOL Software Libraries
IMPORTANT- READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you, a developer of software applications, ("Developer End User") and ENGISSOL Ltd. for all ENGISSOL products, source code (where provided), demos, printed materials, and "online" or electronic documentation ("SOFTWARE LIBRARY PRODUCT(S) ").
ENGISSOL Ltd. grants to you a nonexclusive license to use the SOFTWARE LIBRARY PRODUCT(S) for the sole purposes of developing, testing, and deploying application programs which you create. By using the SOFTWARE LIBRARY PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE LIBRARY PRODUCT(S).
All SOFTWARE LIBRARY PRODUCT(S) is licensed, not sold. By purchasing any of the SOFTWARE LIBRARY PRODUCT(S), you instantly acquire a license for the SOFTWARE LIBRARY PRODUCT(S) from ENGISSOL Ltd.
If the SOFTWARE LIBRARY PRODUCT(S) you have obtained is marked as a "DEMO" you may use one copy of the SOFTWARE LIBRARY PRODUCT(S) for testing purposes for a period of 90 calendar days from the date of installation ("Evaluation Period"). Upon expiration of the Evaluation Period, the SOFTWARE LIBRARY PRODUCT(S) must be uninstalled and all copies destroyed. DURING THE EVALUATION PERIOD YOU ARE NOT ENTITLED TO USE THE DEMO FOR COMMERCIAL PURPOSES.
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE LIBRARY PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any ENGISSOL intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, European and international law.
All ENGISSOL Ltd. libraries, source code, redistributables and other files remain ENGISSOL Ltd.'s exclusive property. YOU MAY NOT DISTRIBUTE ANY FILES, EXCEPT THOSE THAT ENGISSOL Ltd. HAS EXPRESSLY DESIGNATED AS REDISTRIBUTABLE.
1. GRANT OF LICENSE
This EULA, if legally executed as defined herein, licenses and so grants the single Developer End User the following rights:
SOFTWARE LIBRARY PRODUCT(S) - Developer End User may use the SOFTWARE LIBRARY PRODUCT(S) on a single computer if individual developer, or on all shared computers if a company.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, create derivative works, translate, or disassemble the SOFTWARE LIBRARY PRODUCT(S), and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE LIBRARY PRODUCT(S) or any of its constituent parts.
3. RENTAL
You may not rent, lease, or lend the SOFTWARE LIBRARY PRODUCT(S).
4. TRANSFER
You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity without prior written approval from ENGISSOL Ltd. Regardless of any modifications which you make and regardless of how you package your programs, under no circumstances may the libraries, and/or other files of the SOFTWARE LIBRARY PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of the SOFTWARE LIBRARY PRODUCT(S) (or any portions thereof) for developing programs created with the SOFTWARE LIBRARY PRODUCT(S). In particular, you may not share copies of the Redistributables with other co-developers.
5. FREE REDISTRIBUTION
ENGISSOL Ltd. PRODUCT(s) may include certain files ("Redistributable(s)") intended for distribution by you to the users of software applications which you create. The Redistributables for the SOFTWARE LIBRARY PRODUCT(S) are only those files specifically designated as such by ENGISSOL.
Subject to all of the terms and conditions in this EULA, you may reproduce and distribute copies of the Redistributables, provided that such copies are made from the original copy of the Redistributables included with the SOFTWARE LIBRARY PRODUCT(S) or modified versions of the Redistributables which are provided to you by ENGISSOL Ltd. or those which you create where source code provided. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that you have created using the SOFTWARE LIBRARY PRODUCT(S).
AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR SOFTWARE LIBRARY PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH ENGISSOL Ltd. SOFTWARE LIBRARY PRODUCT(S) WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE LIBRARY PRODUCT(S) contained within this installation.
Distribution by the Developer End User of any design-time tools (DLL's) and source code distributed to Developer End User by ENGISSOL Ltd. as part of this SOFTWARE LIBRARY PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface to the SOFTWARE LIBRARY PRODUCT(S) or the SOFTWARE LIBRARY PRODUCT(S) as modified.
The Developer End User may NOT distribute the SOFTWARE LIBRARY PRODUCT(S), in any format, to other users for development or application compilation purposes.
Developer End User MAY NOT REDISTRIBUTE any SOFTWARE LIBRARY PRODUCT(S) files if using a demo version of the SOFTWARE LIBRARY PRODUCT(S).
6. UPDATES
If the SOFTWARE LIBRARY PRODUCT(S) is labeled as an update, you must be properly licensed to use the SOFTWARE LIBRARY PRODUCT(S) identified by ENGISSOL Ltd. as being eligible for the update in order to use the SOFTWARE LIBRARY PRODUCT(S). A SOFTWARE LIBRARY PRODUCT(S) labeled as an update replaces the SOFTWARE LIBRARY PRODUCT(S) that formed the basis for your eligibility for the update, and together constitutes a single PRODUCT(S). You may use the resulting updated PRODUCT(S) only in accordance with all the terms of this EULA.
7. NEW FEATURES ("SUPPLEMENT(S) ")
If the SOFTWARE LIBRARY PRODUCT(S) is labeled as a supplement(s), additional costs may apply in relevance and in proportion to the new features. New features can only be used by existing entitled users.
Any supplemental SOFTWARE LIBRARY PRODUCT(S) provided to you as part of the Support Services shall be considered part of the SOFTWARE LIBRARY PRODUCT(S) and subject to the terms and conditions of this EULA.
8. COPYRIGHT
All title and copyrights in and to the SOFTWARE LIBRARY PRODUCT(S) (including but not limited to any copy written documentation, demos, source code, redistributables, incorporated into any copies of the SOFTWARE LIBRARY PRODUCT(S)) are owned by ENGISSOL Ltd. The SOFTWARE LIBRARY PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE LIBRARY PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE LIBRARY PRODUCT(S) as described in this EULA.
9. DISCLAIMER OF WARRANTY
ENGISSOL Ltd. expressly disclaims any warranty for the SOFTWARE LIBRARY PRODUCT(S). THE SOFTWARE LIBRARY PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
10. LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, in no event shall ENGISSOL Ltd. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE LIBRARY PRODUCT(S) or the provision of or failure to provide Support Services, even if ENGISSOL has been advised of the possibility of such damages.
Developer End User understands that the SOFTWARE LIBRARY PRODUCT(S) may produce inaccurate results because of a failure or fault by Developer End User to properly use and or deploy the SOFTWARE LIBRARY PRODUCT(S). Developer End User assumes full and sole responsibility for any use of the SOFTWARE LIBRARY PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE LIBRARY PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR REMEDY AND ENGISSOL LTD.'S OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND THAT IS THE FAULT’S RESOLUTION. IN CASE OF INEFFECTIVENESS OF THE ABOVE ACTION ENGISSOL'S LIABILITY SHALL IN NO EVENT EXCEED THE PRICE PAID TO ENGISSOL Ltd. FOR THE SOFTWARE LIBRARY PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE LIBRARY PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE LIBRARY PRODUCT(S).
11. TERMINATION
Without prejudice to any other rights or remedies, ENGISSOL Ltd. will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE LIBRARY PRODUCT(S) and all of its parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE LIBRARY PRODUCT(S) developed by you, whether in native, altered or compiled state.
12. MISCELLANEOUS
This EULA may only be modified in writing signed by you and an authorized officer of ENGISSOL Ltd.. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
ENGISSOL Ltd. reserves all rights not specifically granted in this EULA.
Developer End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact ENGISSOL Ltd. for any reason, please contact us.