PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT REGARDING THE USE OF THE SOFTWARE.
Ubique Calculus Ltd. grants to you a nonexclusive, nontransferable license to use the Software. If you have paid the license fee for a single-user license, this Agreement permits you to install and use one (1) copy of the Software on any single computer at any time (i.e., if you change computers, you must de-install the Software from the old computer before installing it on the new computer) in the country in which you have your principal place of business or, if one of your branches has purchased the license from your reseller, in which this branch is located and, subject to applicable law or regulation, always provided that you have purchased the license from a Ubique Calculus Ltd. reseller located in the country in which it will be used. This license may not be transferred to another country. We recommend you also inform us of the names of all potential users so that we can notify them of upcoming updates and other pertinent information. You will keep accurate and up-to-date records of the numbers and locations of all copies of the Software; will supervise and control the use of the Software in accordance with the terms of this Agreement; and will provide copies of such records to Ubique Calculus Ltd. upon reasonable request.
You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of Ubique Calculus. The Software is protected by copyright laws of the United States and international treaties.
You accept that the first time the rModeler is used, anonymous information about the computer it is loaded on is submitted to Ubique Calculus Ltd. This only happens once, and contains no personally identifiable information. The information submitted may be:
(a) Operating system and version
(b) Network card MAC addresses
(c) The make of the CPU, and number of CPUs present
(d) Amount of system and video RAM present
(e) Version of the rModeler
(f) A checksum of all the data that gets sent to verify that it did transmit correctly
You acknowledge that only Ubique Calculus Ltd. and its designated distribution partners may distribute the rModeler without a special permission.
In case Ubique Calculus Ltd. and its designated distribution partners permanently cease to distribute the rModeler, versions of the rModeler that have previously been distributed by Ubique Calculus Ltd. become freely redistributable.
YOU AGREE THAT UBIQUE CALCULUS LTD HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. UBIQUE CALCULUS LTD DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE. UBIQUE CALCULUS LTD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
YOU USE THIS PROGRAM SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL UBIQUE CALCULUS LTD BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF UBIQUE CALCULUS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL UBIQUE CALCULUS LTD BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.
Severability: In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
Export: You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.
Governing Law: This Agreement will be governed by the laws of the State of Lithuania as they are applied to agreements between Lithuania residents entered into and to be performed entirely within Lithuania. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Entire Agreement: You agree that this is the entire agreement between you and Ubique Calculus Ltd., which supersedes any prior agreement, whether written or oral, and all other communications between Ubique Calculus Ltd. and you relating to the subject matter of this Agreement.
Reservation of rights: All rights not expressly granted in this Agreement are reserved by Ubique Calculus Ltd.
Derivative work: Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (a) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (b) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of Ubique Calculus Ltd.; (c) distribute copies of the Software; (d) remove any proprietary notices or labels on the Software; (e) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.