The Evolve modeling tool
IMPORTANT-READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a single entity) and Intrinsarc for the Intrinsarc software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). An amendment or addendum to this agreement may accompany the SOFTWARE PRODUCT.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.
1. GRANT OF LICENSE. Intrinsarc grants you the following rights provided you comply with all terms and conditions of this agreement:
1.1. SOFTWARE PRODUCT. You may install and use up to five copies of the SOFTWARE PRODUCT on computers, including workstations, terminals or other digital electronic devices to design, develop, and test your software application(s) ("Application"); however, you must acquire and dedicate a license for each separate user of the SOFTWARE PRODUCT. A license for the SOFTWARE PRODUCT may not be shared or used concurrently by different users.
1.2. Reservation of Rights. Intrinsarc reserves all rights not expressly granted to you in this License Agreement.
2.1. Transfer to Third Party. The initial user of the SOFTWARE PRODUCT may make a one-time transfer of the SOFTWARE PRODUCT to another user, provided no copies are retained. The transfer has to include all component parts, media, printed materials, this License Agreement, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred SOFTWARE PRODUCT must agree to all the terms of this License Agreement.
2.2. No Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
3. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
4. TERMINATION. Without prejudice to any other rights, Intrinsarc may cancel this License Agreement if you do not abide by the terms and conditions of this License Agreement, in which case you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Intrinsarc and its suppliers provide to you the SOFTWARE PRODUCT, and any (if any) support services relating to the SOFTWARE PRODUCT ("Support Services") AS IS AND WITH ALL FAULTS; and Intrinsarc and its suppliers hereby disclaim with respect to the SOFTWARE PRODUCT and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. also there is no warranty, duty or condition of title, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT AND ANY SUPPORT SERVICES remains with YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Intrinsarc or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and 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 PRODUCT or the Support Services, or the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this LICENSE AGREEMENT, even if Intrinsarc or any supplier has been advised of the possibility of such damages.
7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Intrinsarc and any of its suppliers under any provision of this License Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8. ENTIRE AGREEMENT. This License Agreement (including any addendum or amendment to this License Agreement which is included with the SOFTWARE PRODUCT) are the entire agreement between you and Intrinsarc relating to the SOFTWARE PRODUCT 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 PRODUCT or any other subject matter covered by this License Agreement . To the extent the terms of any Intrinsarc policies or programs for support services conflict with the terms of this License Agreement, the terms of this License Agreement shall control.
9. The SOFTWARE PRODUCT is protected by copyright laws of the United Kingdom and other intellectual property laws and treaties. Intrinsarc or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.