S T A N D A R D S O F T W A R E
L I C E N S E A G R E E M E N T
for Software by
FRIENDSHIP SYSTEMS AG
Potsdam, Germany
Standard Software License Agreement for the
CAESES Free 180 DAYS WEB BASED LICENSE AGREEMENT
for USA and Canada
Date: 10 March 2015
CAESES - Computer Aided Engineering Software for Empowering Simulation
IMPORTANT-READ CAREFULLY: CAESES Free 180 DAYS WEB BASED LICENSE AGREEMENT ("CAESES Free LICENSE") is a legal agreement between you ("LICENSEE", either an individual or a single entity) and FRIENDSHIP SYSTEMS AG ("FSYS") for the software product CAESES Free or other software by FSYS or its suppliers that is shipped with CAESES Free. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING CAESES Free, YOU AGREE TO BE BOUND BY THE TERMS OF THIS CAESES Free LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS CAESES Free LICENSE, DO NOT DOWNLOAD, INSTALL, COPY, OR USE CAESES Free.
CAESES Free is owned by FSYS or its suppliers and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. CAESES Free IS LICENSED, NOT SOLD.
1. GRANT OF LICENSE
Provided that LICENSEE complies with all terms and conditions of this License, FSYS grants to LICENSEE the non-exclusive, non-perpetual right to use CAESES Free for a limited period. The CAESES Free WEB BASED LICENSE utilizes a license server through the internet which may be operated by FSYS or a company appointed by FSYS. FSYS does not guarantee access to the server in any event since internet connection might be broken due to various reasons. FSYS does not guarantee to maintain the license server and/or the CAESES Free LICENSE mode in any event.
LICENSEE'S RIGHT TO USE CAESES Free SHALL BE EFFECTIVE FROM THE DATE LICENSEE FIRST INSTALLS CAESES Free ON ANY DEVICE FOR A PERIOD OF ONE-HUNDRED-EIGHTY (180) DAYS. ADDITIONAL FUNCTIONALITY LICENSED UNDER A TEMPORARY 14-DAYS TRIAL LICENSE ARE TIME SENSITIVE AND WILL NOT FUNCTION UPON EXPIRATION OF THE 14-DAY PERIOD. NOTICE OF EXPIRATION WILL NOT ACTIVELY BE GIVEN, SO LICENSEE NEEDS TO PLAN FOR THE EXPIRATION DATE AND MAKE A COPY OF AND REMOVE IMPORTANT DATA BEFORE EXPIRATION. LICENSEE AGREES TO DESTROY ALL COPIES OF CAESES Free EITHER (i) AT THE END OF LICENSEE'S USAGE OF CAESES Free OR (ii) AT THE END OF THE LICENSE PERIOD AS SPECIFIED ABOVE. If LICENSEE desires to use CAESES Free with its full functionality, LICENSEE will need to acquire a commercial license. CAESES Free can not store its database in the commercial file format. In case LICENSEE wants to convert projects to the commercial file format, FSYS offers a chargeable conversion service.
Under this CAESES Free LICENSE, LICENSEE IS entitled to use CAESES Free for the purpose of simulation software integration, pre- and postprocessing of simulation data, parametric modeling and feature development. LICENSEE is granted the right to distribute, license or sell above mentioned services to other users of CAESES Free or to users of CAESES. If LICENSEE wants to distribute projects or features to users of CAESES these items need to be converted by FSYS. FSYS will charge a service fee for the conversion. We would like to encourage LICENSEE to exchange knowledge and receive support from other users through a dedicated forum which can be accessed after registration at http://www.friendship-systems.com/forum . FSYS does not offer technical support under this CAESES Free LICENSE. All rights not expressly granted are reserved by FSYS. CAESES Free's use for other than the above mentioned usage will be considered a breach of this CAESES Free LICENSE.
This CAESES Free LICENSE explicitly EXCLUDES the right to use CAESES Free in the context of automated or semi-automated optimization except for the above mentioned trial period of 14 days.
2. ADDITIONAL PROVISIONS.
LICENSEE may not reverse engineer, decompile, or disassemble CAESES Free or any other program by FSYS or its suppliers that is shipped with CAESES Free. LICENSEE may not rent, lease, lend, or transfer this CAESES Free LICENSE. If LICENSEE discloses results of any benchmark test of CAESES Free to the public or any third party LICENSEE must distribute these results also to FSYS or publicly in the above mentioned forum.
3. FEEDBACK
"Feedback" for purposes of this CAESES Free LICENSE means any information and materials provided by LICENSEE under this License and which relates directly to the design, functions and performance of CAESES Free. PROJECTS that are transferred to FSYS for the purpose of FILE CONVERSION to the commercial file format are explicitly not regarded as feedback and will therefore be treated as confidential.
Feedback provided by LICENSEE to FSYS under this CAESES Free LICENSE in the course of using CAESES Free, FSYS shall be granted a worldwide, exclusive, fully paid up royalty free, perpetual and irrevocable copyright license, including, but not limited to the right to copy, modify, transfer, distribute, sublicense and/or prepare derivative works. As far as those rights directly accrue to an employee of LICENSEE, i.e. copyright, patent rights, LICENSEE shall ensure through appropriate undertakings with these employees involved any transfer of rights under this Agreement.
4. INTELLECTUAL PROPERTY RIGHTS.
All ownership, title and intellectual property rights in and to CAESES Free (including but not limited to any features, images, photographs, animations, video, audio, music, text or other media incorporated in CAESES Free), and any copies you are permitted to make herein are owned by FSYS or its suppliers. All ownership, title and intellectual property rights in and to the content which may be accessed through the use of CAESES Free is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This CAESES Free LICENSE grants LICENSEE no rights to use such content. For each copy of CAESES Free, LICENSEE is authorized to use above, and only to the extent required by law.
5. LOGGING
FSYS reserves the right to log the individual frequency of object creation and the frequency of the use of object functions, but limited to the function names and type of arguments, not the values of any argument. The log files, which may be transferred to a data evaluation tool upon return of the license at the end of each session, will be statistically analysed and used to provide information for future improvements of CAESES Free.
6. U.S. GOVERNMENT RESTRICTED RIGHTS.
All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
7. EXPORT RESTRICTIONS.
You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
8. APPLICABLE LAW.
If LICENSEE acquired CAESES Free in the United States or Canada, this CAESES Free LICENSE is governed by and construed under the laws of the State of New York without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United States of America law, rules, and regulations, United States of America law, rules, and regulations shall prevail and govern. If, for any reason, a court of competent jurisdiction finds any provision of this CAESES Free LICENSE, or portion thereof, to be unenforceable, that provision of the CAESES Free LICENSE shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this CAESES Free LICENSE shall continue in full force and effect.
If CAESES Free was acquired outside the United States or Canada, then a separate CAESES Free LICENSE as attached below has been included to govern the non-US territory.
9. DISCLAIMER OF WARRANTIES.
CAESES Free is being provided "AS IS AND WITH ALL FAULTS" and without warranty of any kind. LICENSEE explicitly acknowledges and agrees that the use of CAESES Free is at LICENSEE's sole risk. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, FSYS AND FSYS'S RESELLERS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. FSYS AND ITS RESELLERS AND AGENTS DO NOT WARRANT THAT THE INFORMATION CONTAINED IN THE DOWNLOADED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE DOWNLOADED SOFTWARE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-Free, OR THAT DEFECTS IN THE DOWNLOADED SOFTWARE PRODUCTS WILL BE CORRECTED. FURTHERMORE, FSYS AND ITS RESELLERS AND AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DOWNLOADED SOFTWARE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FSYS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF THIS WARRANTY.
10. LIMITATION OF LIABILITY AND REMEDIES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FSYS, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE CAESES Free, EVEN IF FSYS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Standard Software License Agreement for the
CAESES Free 180 DAYS WEB BASED LICENSE (LOAN-) AGREEMENT for all countries except for USA and Canada Date: 10 March 2015 CAESES Free - Computer Aided Engineering Software for Empowering Simulation IMPORTANT-READ CAREFULLY: CAESES Free 180 DAYS WEB BASED LICENSE AGREEMENT ("CAESES Free LICENSE") is a legal agreement between you ("LICENSEE", either an individual or a single entity) and FRIENDSHIP SYSTEMS GMBH ("FSYS") for the software product CAESES Free or other software by FSYS or its suppliers that is shipped with CAESES Free. BY CLICKING THE "I-AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS CAESES Free LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS CAESES Free LICENSE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE PRODUCT. CAESES Free is owned by FSYS or its suppliers and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. CAESES Free IS LENT, NOT SOLD. 1. GRANT OF LICENSE Provided that LICENSEE complies with all terms and conditions of this License, FSYS grants to LICENSEE the non-exclusive, non-perpetual right to use CAESES Free for a limited period. The CAESES Free WEB BASED LICENSE utilizes a license server through the internet which may be operated by FSYS or a company appointed by FSYS. FSYS does not guarantee access to the server in any event since internet connection might be broken due to various reasons. FSYS does not guarantee to maintain the license server and/or the CAESES Free LICENSE mode in any event. LICENSEE'S RIGHT TO USE CAESES Free SHALL BE EFFECTIVE FROM THE DATE LICENSEE FIRST INSTALLS CAESES Free ON ANY DEVICE FOR A PERIOD OF ONE-HUNDRED-EIGHTY(180) DAYS. ADDITIONAL FUNCTIONALITY LICENSED UNDER A TEMPORARY 14-DAYS TRIAL LICENSE ARE TIME SENSITIVE AND WILL NOT FUNCTION UPON EXPIRATION OF THE 14-DAY PERIOD. NOTICE OF EXPIRATION WILL NOT ACTIVELY BE GIVEN, SO LICENSEE NEEDS TO PLAN FOR THE EXPIRATION DATE AND MAKE A COPY OF AND REMOVE IMPORTANT DATA BEFORE EXPIRATION. LICNESEE AGREES TO DESTROY ALL COPIES OF CAESES Free EITHER (i) AT THE END OF LICENSEE'S USAGE OF CAESES Free OR (ii) AT THE END OF THE LICENSE PERIOD AS SPECIFIED ABOVE. If LICENSEE desires to use CAESES Free with its full functionality, LICENSEE will need to acquire a commercial license. CAESES Free can not store its database in the commercial file format. In case LICENSEE wants to convert projects to the commercial file format, FSYS offers a chaqrgeable conversion service. Under this CAESES Free LICENSE, LICENSEE is entitled to use CAESES Free for the purpose of simulation software integration, pre- and post-processing of simulation data, parametric modeling and feature development. LICENSEE is granted the right to distribute, license or sell above mentioned services to other users of CAESES Free or to users of CAESES. If LICENSEE wants to distribute projects or features to users of CAESES these items need to be converted by FSYS. FSYS will charge a service fee for the conversion. We would like to encourage LICENSEE to exchange knowledge and receive support from other users through a dedicated forum which can be accessed after registration at http://www.friendship-systems.com/forum . FSYS does not offer technical support under this CAESES Free LICENSE. All rights not expressly granted are reserved by FSYS. CAESES Free' use for other than the above mentioned usage will be considered a breach of this CAESES Free LICENSE. This CAESES Free LICENSE explicitly EXCLUDES the right to use CAESES Free in the context of automated or semi-automated optimization except for the above mentioned trial period of 14 days. 2. ADDITIONAL PROVISIONS. LICENSEE may not reverse engineer, decompile, or disassemble CAESES Free or any other program by FSYS or its suppliers that is shipped with CAESES Free. LICENSEE may not rent, lease, lend, or transfer this CAESES Free LICENSE. If LICENSEE discloses results of any benchmark test of CAESES Free to the public or any third party LICENSEE must distribute these results also to FSYS or publicly in the above mentioned forum. 3. FEEDBACK "Feedback" for purposes of this CAESES Free LICENSE means any information and materials provided by LICENSEE under this License and which relates directly to the design, functions and performance of CAESES Free. PROJECTS that are transferred to FSYS for the purpose of FILE CONVERSION to the commercial file format are explicitly not regarded as feedback and will therefore be treated as confidential. Feedback provided by LICENSEE to FSYS under this CAESES Free LICENSE in the course of using CAESES Free, FSYS shall be granted a worldwide, exclusive, fully paid up royalty free, perpetual and irrevocable copyright license, including, but not limited to the right to copy, modify, transfer, distribute, sublicense and/or prepare derivative works. As far as those rights directly accrue to an employee of LICENSEE, i.e. copyright, patent rights, LICENSEE shall ensure through appropriate undertakings with these employees involved any transfer of rights under this Agreement. 4. INTELLECTUAL PROPERTY RIGHTS. All ownership, title and intellectual property rights in and to CAESES Free (including but not limited to any features, images, photographs, animations, video, audio, music, text or other media incorporated in CAESES Free), and any copies you are permitted to make herein are owned by FSYS or its suppliers. All ownership, title and intellectual property rights in and to the content which may be accessed through the use of CAESES Free is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This CAESES Free LICENSE grants LICENSEE no rights to use such content. For each copy of CAESES Free, LICENSEE is authorized to use above, and only to the extent required by law. 5. LOGGING FSYS reserves the right to log the individual frequency of object creation and the frequency of the use of object functions, but limited to the function names and type of arguments, not the values of any argument. The log files, which may be transferred to a data evaluation tool upon return of the license at the end of each session, will be statistically analysed and used to provide information for future improvements of CAESES. 6. U.S. GOVERNMENT RESTRICTED RIGHTS. All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 7. EXPORT RESTRICTIONS. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. 8. APPLICABLE LAW. The sole place of jurisdiction for all differences arising out of this contract shall be Potsdam, Germany, if Customer is a business person, a body corporate, or special fund under public law. German law without UN sales laws shall apply exclusively. 9. DISCLAIMER OF WARRANTIES. FSYS does not guarantee or warrant any features or qualities of CAESES Free or give any undertaking with regard to any other quality. No such warranty or undertaking shall be implied by Customer from any other published FSYS description of or advertisement for CAESES Free except to the extent FSYS has expressly confirmed that other quality in writing. Warranties are validly given only with the express written confirmation of FSYS' management. 10. LIMITATION OF LIABILITY. FSYS shall be liable in contract or in tort, or otherwise for loss or wasted work, to the full extent in cases where the claim is based upon intent. In all other cases FSYS explicitly excludes its entire liability and shall not be liable.