This End-User License Agreement is a legal contract between you and Simugrid Technology, LLC for the Onsimulation software product and online services (“SOFTWARE”). You agree to this contract and to abide by its terms when you download, install or use the SOFTWARE. Do not use the SOFTWARE provided under this license agreement until you have carefully read the following terms and conditions.
After installation, components of the SOFTWARE are downloaded and installed on your computer to update the SOFTWARE for improved performance. Any reproduction or redistribution of the SOFTWARE or any of its components not in accordance with this End-User License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
Definitions: In this End User License Agreement (this "Agreement"), "Web Sites" shall refer to the web pages in the www.onsimulation.com domain.
“SOFTWARE” shall mean and include Onsimulation software for engineering analysis and any online services provided at www.onsimulation.com
1. License Grant
Subject to the terms and conditions of this Agreement, Simugrid Technology, LLC (“we” or “us”) grants you a non-exclusive, revocable, limited license to use the SOFTWARE by downloading and installing the SOFTWARE on any computer or web access device.
2. License Conditions
(i) You may not transfer your registered account at Onshape for accessing the SOFTWARE to others or use the same account simultaneously in multiple devices.
(ii) You may not copy, modify, sublicense, assign or in any way transfer components of the SOFTWARE or this Agreement or the use of the SOFTWARE for the benefit of any third party in any manner.
(iii) You may not modify, decompile, disassemble, or otherwise reverse engineer the source code of the SOFTWARE, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the SOFTWARE in any way.
(iv) You do not have the right to and may not create derivative works of the SOFTWARE. All modifications or enhancements to the SOFTWARE remain our sole property.
(v) We reserve the right, at our sole discretion, to modify or discontinue or suspend your right to access any of our services or to use the SOFTWARE at any time, and we may at any time suspend or terminate any license hereunder and disable the SOFTWARE or any of its components or features.
(vi) You understand that we reserve the right to add new features or functionality to the SOFTWARE. When installed on your computer, the SOFTWARE periodically communicates with our servers to download components as needed or to automatically install updates when we release a new version of the SOFTWARE, or when we make new features available.
3. Ownership
You acknowledge and agree that the SOFTWARE is licensed for use and is not sold to you, and that SOFTWARE including all code and documentation provided to you by us in conjunction with the SOFTWARE are our property and are protected by U.S. and international copyright and other proprietary rights and laws relating to intellectual property or proprietary rights recognized in any country or jurisdiction worldwide. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
4. Disclaimer of Warranty
Simugrid Technology, LLC. expressly disclaims any warranty for the SOFTWARE.
ONSIMULATION SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
5. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SIMUGRID TECHNOLOGY, LLC. BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SIMUGRID TECHNOLOGY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR THE INABILITY TO USE THE SOFTWARE.
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, OR COMPLETENESS OF THE PRODUCT, (B) THAT THE SOFTWARE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT THE ERRORS OR DEFECTS RELATED TO THE SOFTWARE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SOFTWARE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
6. Export Restrictions.
You acknowledge that the SOFTWARE is of U.S. origin. 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.
7. Termination
You may terminate this Agreement at any time by discontinuing the use of our SOFTWARE.
If you do not comply with this Agreement, at any time, we reserve the right to terminate your access to the SOFTWARE and services. We may discontinue or alter any aspect of the services, including, but not limited to, (i) restricting the amount of use permitted, and (ii) restricting or terminating any user's right to use the services, at our sole discretion and without prior notice or liability. We may also, in our sole discretion, terminate your use of the SOFTWARE, and disable your use of the product, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these license terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the services.
8. Applicable Law
This Agreement is governed by the laws of the State of Florida. Exclusive venue shall be in Alachua County, Florida.
9. Entire Agreement
This Agreement (including any addendum or amendments which is included with the SOFTWARE) is the entire agreement between you and us relating to the SOFTWARE and support or other 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 Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Copyright © 2017 Simugrid Technology, All Rights Reserved.