COMSOL Client License Agreement 6.3
THIS SOFTWARE (THE "SOFTWARE") IS LICENSED BY COMSOL AB AND ITS AFFILIATES
("COMSOL", "WE", "US") FOR USE UNDER THE TERMS AND CONDITIONS OF THIS COMSOL
CLIENT SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). YOUR RIGHT TO USE THIS
SOFTWARE IS CONDITIONED ON ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, DO NOT CLICK
YOUR ACCEPTANCE AND DO NOT INSTALL OR USE THIS SOFTWARE. IF YOU ARE ACCEPTING
THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU
ARE AUTHORIZED TO ACCEPT SUCH TERMS AND CONDITIONS ON YOUR EMPLOYER'S BEHALF.
1. During the term of this Agreement, you may use this software for the sole
purpose of connecting to an authorized installation of a COMSOL Server
License. This software is only authorized for use to the extent it has
been obtained from us or a source authorized by us. This software may be
either installed on an individual computer or accessed from a COMSOL
Server License installation (licensed by you or another party or provided
by us) through a web browser. This software may be used to run
Applications (as defined in the then-current COMSOL Software License
Agreement published at www.comsol.com/sla) that are hosted by a COMSOL
Server License installation. Your use of Applications must comply with all
restrictions on Applications set forth in the then-current COMSOL Software
License Agreement and with any terms and conditions specified by the
publisher of each Application you may use. This software also allows you
to upload Applications to a COMSOL Server License installation and perform
administrative tasks where you have been granted privileges to do so by
the licensee of the COMSOL Server License installation.
2. This software contains programs produced by others that are licensed under
different terms. Those terms can be found at www.comsol.com/legal/about.
3. This Agreement, and the license granted herein, is non-transferable.
4. You shall not decompile, reverse engineer, disassemble, isolate, separate,
or otherwise attempt to derive source code from the software, except and
only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation. All copies of the software shall
contain all copyright and proprietary notices as in the original. You
shall not remove, obscure, or alter copyright notices, trademark notices,
or other proprietary rights notices affixed to or contained within the
software.
Notwithstanding anything else set forth in these terms and conditions to
the contrary, you may reverse engineer, disassemble, isolate, separate,
and modify only those files specifically listed in the offer.txt file that
is included with the software, or listed under your licensed version of
the software on www.comsol.com/legal/offer/, as eligible for such
activities. Upon request as set forth herein, for a period of three years
following your acceptance of these terms and conditions, we will provide
you with the source or object code needed to recreate any or all of only
those files specifically listed in the offer.txt file that is included
with the software, or listed under your licensed version of the software
on www.comsol.com/legal/offer/, as eligible for such activities. All
requests pursuant to this Paragraph shall be made in writing and addressed
by first class mail to the address set forth in the offer.txt file. We may
charge a fee for sending you the code to cover our cost of distribution.
If you are a licensee in the European Union: You may decompile,
disassemble or otherwise reverse engineer the software only where any such
act is necessary to create an independent program which is interoperable
with the software or with another program or to observe, study, or test
the functioning of the software solely to understand the ideas and
principles which underlie any element of the software ("Permitted
Objective") and provided that:
(i) the information necessary to achieve the Permitted Objective has not
already been made available or has not been provided by us within a
reasonable time after a written request to provide such information;
(ii) the compilation, disassembly, reverse-engineering, etc., is confined
to those parts of the software necessary to achieve the Permitted
Objective;
(iii) the information gained is not used for anything other than the
Permitted Objective and is not disclosed to any other person except as may
be necessary to achieve the Permitted Objective; and
(iv) the information obtained is not used to create a program(s)
substantially similar in its expression to the software, including, but
not limited to, expressions of the software in other computer languages,
or for any other act restricted by copyright in the software.
5. If you are acquiring this license to the software on behalf of any unit or
agency of the U.S. Government, the Government shall only have the rights
for this Commercial Computer Software and Commercial Computer Software
Documentation as set forth herein in accordance with the applicable
Federal Acquisition Regulations for the acquisition of Commercial Computer
Software and Commercial Computer Software Documentation. In particular,
for units of the Department of Defense: the Government shall have only the
rights specified in the license under which the software, as commercial
computer software, and the Documentation, as commercial computer software
documentation, were obtained, as set forth in subparagraph (a) of the
Rights in Commercial Computer Software or Commercial Software
Documentation Clause at DFARS 227.7202-3, therefore the rights set forth
herein shall apply. For any other Government unit or agency: the
Government shall have only the rights specified in this Agreement under
which the software as commercial computer software and the Documentation
as commercial computer software documentation were obtained, as set forth
in FAR 12.212. When FAR clause 52.227-19 applies, the Government's rights
include those set forth in paragraph (b)(2) of that clause, except that
under no condition does this license extend to the source code of the
software or otherwise obligate us to modify the software for the
Government. Where the software as commercial computer software and the
Documentation as commercial computer software documentation are licensed
to the Government under a contract that includes FAR clause 52.227-19 or
similar, the following Notice is incorporated herein:
NOTICE-Notwithstanding this license agreement that may pertain to, or
accompany the delivery of, this computer software and computer software
documentation, the rights of the government regarding its use,
reproduction, and disclosure are as set forth in clause 52.227-19(b)(2) of
the Government Contract under which it was acquired.
6. Upon your breach of any of these terms and conditions, this Agreement
shall terminate immediately, and you shall cease all use of the software.
7. THIS SOFTWARE IS PROVIDED "AS IS AND WITH ALL FAULTS." TO THE EXTENT
PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES FOR THIS
SOFTWARE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
DESIGN, OPERATION, LACK OF VIRUSES, ABSENCE OF ERRORS, ACCURACY OR
COMPLETENESS OF OUTPUT, LACK OF NEGLIGENCE, SECURITY, AND FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED OF SUCH A PURPOSE), AND
WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
8. TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR LICENSORS SHALL HAVE
ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM THIRD PARTY CLAIMS,
LOSS OF PROFITS, LOSS OF DATA, INVASION OF PRIVACY, FAILURE TO MEET ANY
DUTY SUCH AS GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR ANY OTHER LOSS,
EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. This Agreement shall be governed by and construed in accordance with the
laws of the Commonwealth of Massachusetts and the United States of
America, without regard to conflicts of laws principles. Any dispute,
controversy, or claim arising out of or relating to this Agreement or the
breach, termination, or alleged invalidity thereof shall be subject to
exclusive jurisdiction and venue in the state and federal courts in the
Commonwealth of Massachusetts, and you hereby consent to personal
jurisdiction therein.
10. This Agreement shall constitute the entire agreement between you and us
concerning the subject matter hereof, except that (i) the COMSOL Software
License Agreement shall apply with respect to your installation and use of
COMSOL Multiphysics software and its add-on products and shall take
precedence over this Agreement and (ii) the COMSOL Server End User License
Agreement shall apply with respect to your usage of a COMSOL Server
License to the extent that you or your organization were permitted usage
of such License other than by obtaining such License directly from COMSOL
or its authorized distributors or resellers and will take precedence over
this Agreement. All other prior, contemporaneous, and subsequent
proposals, agreements, representations, and understandings are superseded
and replaced by this Agreement. This Agreement may not be changed except
as provided herein in a writing signed by you and us.
