TOMLAB World Wide License Agreement
Pursuant to this Agreement, you may (a) use the programs on a single computer, if your license is a single user license (b) use the programs on multiple computers, as defined by the license file. (c) copy the programs onto any computer in readable or printed form for back-up or modification purposes in support of your use of the programs. (d) modify the programs and/or merge them into another program for your use on the computers defined by your license file.
Any portion of these programs merged into another program will continue to be subject to the terms and conditions of this Agreement. You may not transfer any part of this software to third part.
You may not use, copy, modify, disassemble, decompile, reverse engineer or transfer the programs or any copy, modification, or merged portion, in whole or in part, except as expressly provided for this Agreement. If you transfer possession of any copy, modification or merged portion of the program to another party, your license is automatically terminated.
All intellectual property rights in the TOMLAB Optimization Environment and user documentation are owned by Tomlab Optimization AB or its suppliers and are protected by applicable intellectual property laws and international treaty provisions. Tomlab Optimization AB and its suppliers retain all rights not expressly granted.
The license is effective unless rejected or until terminated. The license is terminated if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the programs together with all copies, modifications and merged portions in any form.
Limited Warranty and Remedies
The software is normally distributed using Internet downloads and licenses sent by attached E-mail. Tomlab Optimization AB warrants that the user will receive error free copies of the software and license, and will replace any damaged files by use of available media. Except as expressly set forth above, no other warranties, either express or implied, are made with respect to these programs, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose and Tomlab Optimization AB and its suppliers expressly disclaim all warranties not stated herein. You assume the entire risk as to the quality, use and performance of the programs. Should the programs prove defective, you - and not Tomlab Optimization AB or its suppliers or an authorized reseller - assume the entire cost of necessary servicing, repair or correction.
Your sole remedies and the entire liability of Tomlab Optimization AB and its suppliers are set forth above. In no event will Tomlab Optimization AB and its suppliers be liable to you or any other person for any damage, including any incidental or consequential damages, expenses, lost profits, lost savings or other damages arising out of use of or inability to use such programs.
You may not sublicense, assign or transfer the license or any programs except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties or obligations hereunder is null and void. This Agreement will be governed by the laws of Sweden.
The right to use the programs for commercial purposes is expressly excluded.
Maintenance and Support:
During any paid maintenance and support period, Tomlab Optimization AB shall: deliver license files that works for the set of users and machines defined by the license, and license files working for any new releases of the programs; through Internet downloads deliver subsequent releases of the programs which are not charged for separately; exert reasonable efforts to both (a) provide workarounds for any material programming errors in the current release of the program which are directly attributable to Tomlab Optimization AB within reasonable time, and (b) correct such errors in the next available release, provided Licensee provides Tomlab Optimization AB with sufficient information to identify the problems. During this same paid maintenance and support subscription period, Licensee shall also be entitled to receive technical support by electronic mail, telephone and telefax regarding the installation and/or use of the licensed programs and their interaction with hardware, operating environments, and other software products. Tomlab Optimization AB reserves the option to discontinue offering maintenance and support descriptions for any program or platform.
The paid maintenance and support period starts after the 30 day free maintenance and support period included in the initial license price. If the maintenance and support period is terminated, the user may at a later time renew his maintenance and support license for a 12 month period at the cost of 50% of the current listed product price.
Termination of Maintenance and Support:
Tomlab Optimization AB may terminate this license grant, by written or electronic mail notice to Licensee if Licensee breaches any material term of this license, including failure to pay any license fees due, and Licensee has not cured such breach within (60) days of written notification. Licensee may terminate this license at any time, for any reason. Licensee shall not be entitled to any refund if this license is terminated.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions; You further agree it is the complete and exclusive statement of the agreement between us that supersedes any proposal or prior agreement, oral or written and any other communications between us relating to this subject matter of this Agreement.