DAESA SOFTWARE LICENSE



IMPORTANT - PLEASE READ CAREFULLY

This software license is a legally binding agreement between you and McMaster University ("McMaster") for the DAESA software ("Software").

BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

TERMS OF USE

1. RIGHTS GIVEN BY THE LICENSE

Provided you comply with all the terms and conditions of this license, McMaster grants you a world-wide, royalty-free, non-exclusive license to use the Software for personal, academic or research purposes only.

2. PROHIBITED USES

You must not reverse engineer, translate, disassemble, decompile or otherwise modify the Software. You must not sell, license, or distribute the Software for any purposes unless you have written permission from McMaster. To request permission, please contact Dr. Nedialkov at nedialk@mcmaster.ca.

3. DISCLAIMER OF WARRANTIES

The Software has been developed by Guangning Tan, Dr. Nedialko S. Nedialkov, and Dr. John D. Pryce and has not been validated or approved.

MCMASTER IS PROVIDING YOU WITH THE SOFTWARE AS IS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MCMASTER EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, ACCURATE OR FIT FOR A PARTICULAR PURPOSE. MCMASTER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SOFTWARE WILL PRODUCE A DESIRED RESULT, OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED, OR ERROR FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MCMASTER DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE-MARK OR OTHER RIGHTS.

4. ASSUMPTION OF RISK

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR THE SELECTION, INSTALLATION, USE, QUALITY, PERFORMANCE, AND RESULTS OBTAINED FROM THE SOFTWARE.

5. DISCLAIMER OF LIABILITIES

IN NO EVENT SHALL MCMASTER BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, ITS USE OR PERFORMANCE, OR THIS LICENSE , EVEN IF MCMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MCMASTER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR DAMAGES OF ANY KIND CAUSED BY THE INABILITY OF THE SOFTWARE TO OPERATE EFFICIENTLY OR EFFECTIVELY. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU SHALL INDEMNIFY AND HOLD HARMLESS MCMASTER AGAINST ANY CLAIMS, LIABILITY, LOSS, DAMAGE, COSTS OR EXPENSES, INCLUDING REASONABLE LEGAL COSTS, RESULTING FROM YOUR POSSESSION AND OR USE OF THE SOFTWARE.

6. OWNERSHIP

McMaster and the authors (Guangning Tan, Dr. Nedialko S. Nedialkov, Dr. John D. Pryce) own the title, copyright and all other intellectual property rights in the Software. Nothing in this License shall be deemed to grant you any rights to trademarks, copyright, patents or any other intellectual property attached to the Software except as expressly set out in this License. The Software is licensed to you, not sold.

7. TERM AND TERMINATION

This License shall commence on the date the Software is electronically or physically delivered to you. This License shall terminate immediately without notice if you fail to comply with any of the terms and conditions of this License.

8. REPORTING ERRORS

You agree that if problems are encountered with the Software, you will notify Dr. Nedialkov at nedialk@mcmaster.ca. McMaster does not warrant that any reported errors shall be fixed.

9. CITATION REQUEST

You agree that if you use or reference the Software in any publication (including scientific publications, electronic documents and websites) or derivative work, you will give appropriate reference to the Software and the authors, to be listed as: Guangning Tan, Dr. Nedialko S. Nedialkov, Dr. John D. Pryce.

10. COMPLETE AGREEMENT

You acknowledge that this License is the complete and exclusive statement between you and McMaster, relating to the Software, and supersedes any proposal or prior agreement, oral or written, and any other communication between us with respect to the Software.