| THE UNIVERSITY OF MASSACHUSETTS END-USER LICENSE AGREEMENT |
Redistribution Not Permitted
Copyright © 2007 University of Massachusetts. All rights reserved.
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING THE SUPPLIED SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
- Software License. SimCalc MathWorlds™ ("Software") was developed at the University of Massachusetts ("University"). University grants end user a non-exclusive, nontransferable license to use one (1) copy of the Software solely for its own internal use.
- Restrictions. End user may NOT: (a) remove or alter any logo, legend, label or any trademark, copyright or other proprietary notice on the Software; (b) copy (except for one copy for nonproductive backup purposes only), reverse engineer, disassemble, modify, adapt, translate, decompile or otherwise decode the Software; or (c) rent, lease, sublicense, transfer or grant any rights in its copy of the Software or allow the Software to be used to perform services for third parties, whether on a service bureau or time sharing or other basis. All rights not expressly granted are reserved.
- No Damages. UNDER NO CIRCUMSTANCES IS UNIVERSITY LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, INTERRUPTION OF BUSINESS OR ANY OTHER RELATED EXPENSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
- Disclaimer Of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS AGREEMENT.
- Export Control. End user shall comply with all export laws and regulations of the United States or relevant foreign agencies or authorities. End user may not export or re-export the Software in violation of any laws or regulations, or without all necessary licenses or approvals. End user shall obtain all necessary licenses and approvals with respect to its export of the Software from the U.S. (including export to any prohibited foreign entity or foreign person as defined by applicable U.S. government regulations).
- United States Government Restricted Rights. If Licensee is a United States government agency, Licensee acknowledges that the Software was developed at private expense and is provided to Licensee subject to RESTRICTED RIGHTS. Notwithstanding any other lease or license agreement that may pertain to or accompany the Software, the rights of the United States government regarding its use, duplication, reproduction or disclosure are subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at FAR 52.227-19, and in similar clauses in the NASA FAR Supplement. "Contractor/manufacturer" for that purpose is the University of Massachusetts Dartmouth.
- Miscellaneous. If any provision of this Agreement is held to be unenforceable for any reason, that provision shall be modified only to the extent necessary to make it enforceable. Licensee may not assign this Agreement. This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts irrespective of any conflicts of law principles and any legal action arising out of or in connection with this Agreement shall be brought in the Massachusetts Superior Court in Suffolk County. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. This Agreement constitutes the entire agreement between the University and Licensee with respect to its subject matter and supersedes all prior agreements or understandings between the parties relating to its subject matter.