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.