PC-PROGRESS SOFTWARE END-USER LICENSE AGREEMENT
This agreement (or "EULA") is a legal agreement between the person, company, or organization that has licensed this software ("you" or "customer") and PC-Progress. By installing and using the Software (or its Demo), customer accepts the Software and agrees to the terms of this agreement. Read it carefully before completing the installation process and using the Software (or its Demo). By installing and/or using the Software (or its Demo), you are confirming your acceptance of the Software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, or do not have authority to bind customer to these terms, then do not install and/or use the Software.
DEFINITIONS
a) "PC-Progress" means PC-Progress, Ltd. and its Licensors, if any. b) "Software" means the activated HYDRUS (2D/3D) software package for simulating two- and three-dimensional movement of water, heat, and multiple solutes in soils. HYDRUS (2D/3D) can be activated by purchasing a license from PC-Progress or its Licensors. Without being activated, HYDRUS (2D/3D) runs as a Demo. c) “Demo” is a non-activated version of HYDRUS (2D/3D) that can be downloaded and copied freely from the web site of PC-Progress or its Licensors. d) “Licensors” are authorized distributors of the Software. The list of authorized Licensors is on www.hydrus3d.com. Only PC-Progress or its Licensors have the right to authorize the Software.
OWNERSHIP
The HYDRUS (2D/3D) logos, product names, software, manuals, documentation and other materials, and all copyright rights are owned by developers of the Software. Any copyright or trademark notices, product identification marking or description, or notices of proprietary restrictions may not be removed. Developers of the Software authorized PC-Progress to distribute the Software to the public.
SINGLE LICENSE GRANT
- PC-Progress hereby grants you a non-exclusive, non-transferable license to use this Software product as described in the user manual on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise specifically provided in Section 2 below, a license for the Software may not be shared, installed or used concurrently on different computers. Except solely for purposes of installing the Software on a computer as described above, a license for the Software may not be accessed and used via a server or network storage device. Subject to the terms and conditions set forth in this EULA, you shall not have more than one installation of the Software (except for its different versions, to which you have a license) on any single computer.
- Portable or Home Computer Use for Software (Excluding Software Licenses Acquired under a Volume Discount – Multiple License). Subject to the terms and conditions of this Agreement, in addition to the copy of the Software permitted in Section 1, the primary user of the primary computer on which the Software is installed may make one other copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that:
- (A) the copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition,
- (B) the copy of the Software on the portable or home computer is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed, and
- (C) the Software was not licensed under a volume discount (Multiple License).
- You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.
- You may not adapt, translate, reverse engineer, de-compile, or disassemble the Software or its Demo. You are not acquiring any rights of ownership in the Software, its Demo, manuals, documentation or other materials.
- You may not provide your license (access to the full version of the program) to another user.
MULTIPLE LICENSE GRANT
- PC-Progress may grant you a non-exclusive, non-transferable license to use this Software product as described in the user manual on multiple computers. By purchasing a Multiple License you agree not to install the Software on more computers than allowed under the Multiple License Agreement. The number of allowed installations is listed on the purchasing invoice from PC-Progress or its Licensors.
- You may not provide your license (access to the full version of the program) to unauthorized users. Authorized users are your employees or, in case of educational institutions, your registered students and visiting academic parties.
- The multiple license (Volume License) is intended for a single location of a company, or a single department in an educational or research institution. It is not intended for multiple company locations or multiple departments in an educational or research institution. In such case, conditions for using a volume license must be specified by a written agreement between the customer and PC-Progress.
- The Educational Site License is not allowed to be used for commercial purposes. Permission to use this license also for commercial purposes (by academic personnel) can be obtained only directly from PC-Progress.
REINSTALLATION OF THE SOFTWARE
When reinstalling the operational system of your computer, providing any substantial change of your hardware (change of the hard disc or BIOS information) or when installing the Software on a new computer, you agree to deactivate the Software on the old computer and send the information about this deactivation to your Software distributor, before requesting new activation of the Software.
U.S. GOVERNMENT LICENSE GRANT - RESTRICTED RIGHTS
The software and other materials were developed at private expense. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Federal Acquisition Regulations (FARS - 49 CFR Ch. 1 Subpart 52.2) and other U.S. Government agency acquisition regulations such as Department of Defense Federal Acquisition Regulations (DFARS - 49 CFR Ch. 2 Subpart 227.72), as applicable. The license grant to the U.S. Government shall be the same as that customarily provided to the public unless inconsistent with Federal procurement law.
COPYING PROHIBITED
The Software is protected by U.S. copyright laws and international treaty provisions. It may not be copied, except that one (1) copy of the Software may be made for backup or archival purposes. Any other copying is prohibited. Demo version of the Software, Manuals and documentation of the Software can be copied freely.
LIMITED WARRANTY
Neither PC-Progress nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if PC-Progress or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
LIMITATION OF LIABILITY
PC-Progress 's total liability to you for actual damages for any cause whatsoever will be limited to the smaller of $500 or the amount paid by you for the software that caused such damage.
BREACH OF AGREEMENT - TERMINATION
Any breach of one or more of the provisions of this License Agreement shall result in immediate termination of the License. You shall then immediately discontinue use and return all copies of the software, manuals and documentation to PC-Progress or supply a certificate of destruction of all copies. All provisions of this License Agreement that protect the rights of PC-Progress, including but not limited to maintaining confidentiality, shall survive termination.
Last update: October, 2012