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Agreement, Restrictions, and Disclaimer


Copyright (c) 1987- 2007 IRIS Development LLC. All rights reserved

General: When acquiring the IRIS license, the user will find the following request (and shall not proceeding without agreeing): You have acquired the right to use and/or have received the newest version of this product. The use of this product is restricted according to the contract below. If you do not agree to the following terms, please return the complete package to the party from which you received it.

Grant of License: Licenser (IRIS Development LLC*)) grants this limited license to Licensee to use the IRIS Rheo-Hub program and the interface key (PROGRAM) for the analysis of rheological data and for rheological simulation calculations as specified in the manual. Copies of the files may be made for backup purposes. The Federal copyright laws of the United States of America shall govern the license contract.

Outside Experts: Sections of the IRIS code and modules attached to the IRIS code (called 'engines') have been written by experts (experts in the respective area of expertise), called "Expert" in the following. These engines are included in the term "PROGRAM" in the following.

Licensee's Agreement: The licensee agrees to restrict the program use to a single computer at a time. The program may not be used on a computer network unless Licenser explicitly agrees to this use in writing. Except as expressly licensed herein, Licensee may not use, copy, disseminate, distribute, modify, translate, reverse engineer, decompile, disassemble, and/or create derivative work from this licensed product, sell, lease, sublicense, rent, lend, or in any other way transfer, by any means or in any medium, the licensed product.

Hardlock: Only program use in conjunction with the original hardware lock is a program use in accordance with its intended purpose under this agreement. The Licensee agrees not to alter the programming of the program in such way that the altered program versions can be used without hardware lock. Removal of the hardware lock is a copyright infringement.

Terms: This license is effective from the date the licensed product is received by the licensee. Opening the box with the CD, installing the program onto a computer, or use of the material in any way constitutes acceptance of this license. This license shall be automatically terminated upon the failure of the Licensee and/or the user to comply with all the terms of this License Contract.

Special Clause Concerning Licenses with Annual Renewal: The annual license starts on June 1, each year (if not specified differently). It costs 1/3 of the perpetual license (at time of renewal). The licensee receives the newest version at renewal date (June 1, each year). After each year, the License Agreement shall be automatically renewed for a successive year except that either party may cancel this Agreement as of the date of any such automatic renewal by sending notice of such cancellation to the other party at least 30 days in advance of such automatic renewal date. All charges and fees provided for herein shall be subject to revision at each renewal of the term of this Agreement, provided (i) Licenser gives the Licensee notice of such revision 30 days prior to such renewal date and (ii) any increase in all such fees and charges combined shall not exceed 10% per year. When switching to a perpetual license, payments from the preceding period shall be credited.

Upgrading Policy: An “upgrade” is the continuation of an existing license with a newer version of the IRIS code. Typically, an upgrade requires reprogramming of the hardlock-key. A loaner hardlock will be provided during the reprogramming period if necessary.

Limited Warranty: In the event the Licensee shall deliver to Licenser a Notice of Termination within two months after delivery of the PROGRAM to the Licensee, the Licensee shall be relieved of any and all payment obligations under the Agreement, except that the Licensee shall be liable to Licenser for any actual costs that occured in connection with the delivery, installation, and testing of the PROGRAM. Licenser warrants that the PROGRAM can substantially perform the actions that are described in the accompanying operation manual ("handbook"). Licenser disclaims all other warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the PROGRAM, the accompanying operation manual and any accompanying hardware.

Disclaimer: As a condition for using the PROGRAM, the Licensee and/or the user(s) agree(s) that the Licenser (or the corresponding "expert") is not liable or responsible for any loss or damages whatsoever (including, without limitation, damages for loss of personal or business profits, business interruption, loss of business information, or other pecuniary loss, incidental or consequential damages) arising out of the use of or inability to use this PROGRAM as well as the application of the calculated results from this PROGRAM, even if Licenser (and/or the corresponding "expert") has been advised of the possibility of such damages. Licensee waives all other rights for any direct or indirect liability action against IRIS Development LLC or any of its coworkers.

Modifications: This agreement is the entire agreement and cannot be modified. The Licensee has to notify Licenser in writing if he/she does not agree for whatever reasons in the above Licensee's agreement, terms, warranty, and/or disclaimer.

*) Explanation: 'IRIS Development LLC' has been registered in the Commonwealth of Massachusetts, USA. Its mission is to develop and distribute (by licensing) software for the enhancement of materials research, materials development, application of materials, and teaching of materials science and engineering. IRIS stand for Innovative Rheological Interactive Software.





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