END USER LICENSE AGREEMENT
SimLab SOFTWARE
THIS END USER SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN THE PERSON,
THE COMPANY OR THE ENTITY THAT DOWNLOADS OR INSTALLS OR USES THE SimLab SOFTWARE
AND THE EUROPEAN COMMUNITY RAPRESENTED BY THE EUROPEAN COMMISSION.
IT PROVIDES A LICENSE TO USE THE SimLab SOFTWARE AND CONTAINS WARRANTY
INFORMATION AND LIABILITY DISCLAIMERS.
PLEASE READ IT CAREFULLY BEFORE STARTING OR COMPLETING THE INSTALLATION PROCESS
AND USING THE SOFTWARE.
SELECTING THE DOWNLOAD OR THE INSTALL BUTTON AND/OR USING THE SOFTWARE MEANS THE
CONFIRMATION AND THE ACCEPTANCE OF THE SOFTWARE AND THE EXPLICIT ACCEPTANCE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT.
IN CASE OF NON L ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, NO
AUTHORISATION TO INSTALL IS PERMITTED AND ANY DOWNLOAD, COPY, TRANSFER OR USE OF
THE SOFTWARE IS STRICTLY FORBIDDEN.
1) Definitions
1.1 "License" shall mean the terms and conditions for using the software as
defined in this contract.
1.2 "Licensor" shall mean the European Community represented by the European
Commission which is the copyright owner and is granting the License to
the "end user";
1.3 "End User" (or "User") shall mean the person, company, organization or
any other entity that has installed or downloaded this software
exercising permissions granted by this License. For the purposes of this
Agreement the term "End User" includes also the End User's wholly owned
subsidiaries.
1.4 "Software" means the computer program SimLab property of the European
Community.
1.5 "Software Package" means the Software and support materials distributed
by Licensor, including but not limited to manuals and any other
documentation, associated media, printed materials, and online or
electronic documentation and all the correlated updates and/or upgrades.
1.6 "Use" or "Used" in connection with the Software, as defined above, means
download, store or use any portion of the Software in any electronic
support or in any electronically operated machine, and/or copy, transmit
and sent any portion of the Software to a machine for processing and/or
compiling, executing or interpreting any machine instructions contained
in the Software, and/or displaying any portion of the Software in
connection with the processing of such machine instructions. The term
"Use" or "Used" in connection with Software Package (excluding the
Software) shall be interpreted in accordance with its usual and generally
understood meaning.
1.7 "Derivative Works" means any software program and any support materials,
including but not limited to manuals, flow charts, and specifications,
derived from, written and/or produced by, or incorporating any part of
the Software Package, as defined below, but does not include an Expert
Application .
1.8 "Expert Application" refers to and means the formalisation of the End
User's data into a format determined by the Software and which permits
the data's future use in connection with the Software.
An "Expert Application" includes any application, rule or program
resulting from the Use of the Software in connection with the End
User's data, but does not include the Software.
2) License for Software
2.1 Licensor grants to End User a personal, non-transferable and
non-exclusive right to Use the Software Package exclusively for internal
purposes. The User may install and use the Software on a single desktop
or laptop computer. A License for the Software may not be shared,
installed or used concurrently on different computers.
2.2 This License is granted to the User for the sole purpose of running
programs. The User is not allowed to regenerate from the object code any
source that is not included in the Work. Whether there is evidence of
unauthorized use of the Software, the license shall be considered
automatically and instantly revoked.
2.3 The Licensor reserves the right to revoke the License at any time and
without any prior notice.
2.4 End User shall not infringe Licensor's copyright in the software, the
audio-visual output resulting from use of the software, the derivative
works or the Software Package. End User shall not rent, sell, lease,
license, lend or otherwise transfer the Software Package or Derivative
Works. End User shall not make the Software Package or Derivative works
available on through any time-sharing or network arrangement to any third
party. End User shall not decode and shall not attempt to decode, avoid
or undo the copy protection system incorporated into the software.
2.5 End User is not permitted to make any copies or partial copies of the
Software for any other purpose without the prior written consent of
Licensor. As a condition to any permitted copying, any copy of the
Software or of the Software Derivative Works shall contain all
proprietary and copyright notices appearing on the Software Package.
All proprietary and copyright notices are precautionary only and do not
imply publication. Any copy or partial copy of the Software Package shall
be owned by Licensor subject to the license rights granted to End User
and shall be "Software Package" under this agreement.
2.6 End User shall retain all rights, title, interest and responsibilities to
the Expert Application and the End User's data. Licensor shall retain all
rights, title and interest in the Software. End User acknowledges and
accepts that any Expert Application created through Use of the Software
and any future use of an Expert Application dependent on the Use of the
Software, will be performed under its own exclusive liability.
2.7 End User agrees that European Community may audit its use of the Software
for compliance with these terms at any time, upon reasonable notice.
In the event that such audit reveals any use of the Software by the user
other than in full compliance with the terms of this Agreement, the User
shall reimburse the Community for all reasonable expenses related to such
audit in addition to any other liabilities the User you may incur as a
result of such non-compliance.
3) Protection and Security of Software Package and license restrictions
3.1 End User agrees that the Software Package is a confidential trade secret
of Licensor. End Users shall not, without the prior written consent of
Licenser, disclose or otherwise make available the Software Package or
any part thereof, or copies thereof to any third party. End User agrees
to take all reasonable measures to distribute the Software Package only
to those of its employees and consultants as are necessary for the Uses
licensed thereunder, and End User shall appropriately bind such employee
or consultant to hold the Software Package in confidence and not to
disclose the Software Package to anyone.
3.2 End User hereby assures Licensor that End User does not intend to and
will not knowingly, without the prior written consent of Licenser,
transmit, directly or indirectly the Software Package or Derivative
Works.
3.3 Prior to disposing of any media or apparatus, End User will ensure that
any software contained by such media or stored in such apparatus has been
completely erased or otherwise destroyed.
3.4 End User may not alter, merge, modify, adapt or translate the Software,
or decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
3.5 End User may not sell, rent, lease, or sublicense the Software.
3.6 End User may not modify the Software or create derivative works based
upon the Software, without the previous written permission of the
Licensor.
3.7 End User shall not use the Software to develop any software or other
technology having the same primary function as the Software, including
but not limited to using the Software in any development or test
procedure that seeks to devel
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