Binary Software License Agreement (scl-1.3b)
Please read the terms and conditions of this License Agreement carefully. If you do not or can not accept all the terms and conditions then do not download, install, or use the software.
1.0 License to evaluate
If the applicable license fees have not been paid then Scieneer Pty Ltd (ABN 42 092 062 938) ("Scieneer") grants to you a non-exclusive, non-transferable, royalty-free, and limited license to install and use one copy of the accompanying software and documentation and any error corrections provided by Scieneer (collectively "Software") on a single computer for the purposes of internal evaluation only for thirty (30) days. You may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to any third party.
2.0 License to use
If the applicable license fees have been paid then Scieneer grants to you a non-exclusive, non-transferable, limited license to install and use the accompanying Software. The license is limited to use on the class of computer hardware, and the number of systems, and the number of effective processors, and the operating system, and for the term for which the corresponding licensing fees have been paid. You may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to any third party.
3.0 Installation on a passive backup system
If the applicable fees have been paid for a license that includes an entitlement for a passive backup system then you may use the Software on a temporary basis on a server that is employed only for fail-over support so long as the number of processors on the passive backup computer does not exceed the number of processors on your primary active computer.
4.0 Academic non-commercial license restrictions
4.1 If the applicable fees have been paid for a license that is restricted to Academic use only then the Software may only be used for non-commercial purposes including conducting academic research or providing educational services. You agree that use is directly related to teaching or that use is strictly for noncommercial research by students and faculty members where:
- the results of such research are not intended primarily for the benefit of a third party, and
- such results are made available to anyone without restriction on use, copying or further distribution, and
- any copy of any such results is furnished for no more than the cost of reproduction and shipping.
5.0 License restrictions
5.1 No right, title, or interest in or to the Software, or any trademarks of Scieneer is granted under this License Agreement.
5.2 You may not copy the Software except for two copies for archival purposes, in which event all copyright notices must be reproduced.
5.3 You may not disassemble, decompile, reverse engineer, decrypt, or otherwise attempt to derive the source code of the Software, modify, circumvent a restriction in, tamper with, or otherwise create any derivative works of the Software, except as otherwise provided by law.
5.4 The Software is restricted to execute only on a particular computer, and to run only on a computer with a maximum number of effective processors, encoded in properties of the license key file. You agree not to defeat such mechanisms, and to use the software only on the licensed computer. You acknowledge that the Software may cease to function if the computer configuration is changed.
5.5 The Software expiration date is encoded in properties of the license key file. You agree not to defeat the Software's expiration mechanism or continue using the Software beyond the expiration date. You acknowledge that the Software may expire on a given date and cease to function.
5.6 If the applicable licensing fees have not been paid then the software may run in a restricted evaluation mode as encoded in properties of the license key file. You agree not to defeat such restrictions. You acknowledge that the evaluation Software may cease to function after a restricted run time and may cease to function if more than a restricted amount of memory is used. You agree to hold Scieneer harmless from any claims based on your use of the Software for any purposes other than those of internal evaluation.
5.7 The Software is not to be used, distributed, copied, or modified within a government environment. For use in such environments please contact us.
5.8 You must make reasonable efforts to ensure that all your employees that access the Software have read and accept the terms of this License Agreement.
5.9 You must not publish any results of benchmark tests run on the Software to a third party without Scieneer's prior written consent.
6.0 NO SUPPORT WITH THE LICENSE TO EVALUATE
If the licensing fees have not been paid then the Software is provided without support or upgrades of any kind.
7.0 DISCLAIMER OF WARRANTY
7.1 You acknowledge that the Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies.
7.2 You acknowledge that the Software is not intended for use in high risk activities for which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage. Scieneer disclaims any express or implied warranty of fitness for such uses.
7.3 You expressly acknowledge and agree that use of the Software is at your sole and entire risk.
7.4 THE SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8.0 LIMITATION OF LIABILITY
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NOT EVENT AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL SCIENEER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF REVENUE, OR PROFIT, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO USE OR INABILITY TO USE SOFTWARE, EVEN IF SCIENEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
8.2 You acknowledge that future releases of any Software supplied to you may be incompatible with the Software provided to you under this License Agreement.
8.3 In no event shall Scieneer's total liability to you exceed the amount you paid for the License.
9.1 This License Agreement will terminate immediately without notice from Scieneer if you fail to comply with any provision of this License Agreement.
9.2 You may terminate this License Agreement at any time by destroying all copies of the Software.
9.3 Upon termination you must immediately cease using and destroy all copies of the Software.
10.0 Governing Law
This License Agreement will be governed by and construed according to the law of the State of Victoria, Australia. The parties irrevocably submit to the jurisdiction of the Courts of Victoria, Australia.
If any provision of this License Agreement is held to be unenforceable, this License Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this License Agreement will immediately terminate.
12.0 Entire agreement
This License Agreement is the entire agreement between you and Scieneer in relation to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this License Agreement. No modification of this License Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Copyright (c) 2002-2008 Scieneer Pty Ltd (ABN 42 092 062 938). All right reserved. Scieneer is a registered trademark or trademark of Scieneer Pty Ltd.