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Vensim® Demonstration License Agreement
If the software contained herein is an upgrade to an existing licensed product it must be
treated as part of the originally licensed software. No additional license for use is conferred.
1. GRANT OF LICENSE. VENTANA grants a non-exclusive right to use one copy of the VENTANA
software program identified above (the "SOFTWARE"). The right to use the SOFTWARE terminates
upon the violation of any provision of this License. Only one copy of the SOFTWARE may be used
on a single computer at a time. The SOFTWARE may be transferred for use on another computer, but
the SOFTWARE may not be used simultaneously on more than one computer unless additional licenses
are purchased for each multiple simultaneous use.
2. PROPRIETARY RIGHTS. The SOFTWARE is proprietary to VENTANA and all copyright, patent,
trade secret, trademark and other intellectual property rights are and shall remain the valuable
property of VENTANA. You may not reverse engineer, decompile, or disassemble the SOFTWARE. You
agree to take all necessary steps to ensure that the provisions of this License are not violated
by you or by any person under your control or in your service.
3. REPRODUCTION AND COPYRIGHT. The SOFTWARE is protected by United States copyright laws
and international treaty provisions. You may not copy, allow anyone else to copy, or otherwise
reproduce any part of the SOFTWARE without the prior written consent of VENTANA, except that you
may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) copy
the SOFTWARE to your office computer and your home or portable computer provided that you comply
with the restriction on simultaneous use. You may not copy the written materials accompanying
the SOFTWARE. You may not remove or omit any copyright or other proprietary notices from the
SOFTWARE.
4. AVAILABILITY OF EDUCATIONAL ALLOWANCE; RESTRICTIONS ON USE. The SOFTWARE is available
under a restricted educational license to qualifying persons. If you acquire the SOFTWARE under
an educational allowance, you may not use the SOFTWARE for commercial purposes or use the
SOFTWARE in the provision of consulting services for compensation. To qualify for VENTANA'S
educational allowance license fee you must certify in writing upon VENTANA'S request that you are
(i) a full-time, non-profit, tax-exempt, school, college or university whose primary purpose is
to provide instruction to an enrolled body of students through a full-time faculty, licensed by
an appropriate state authority, to confer degrees or diplomas which are recognized as qualifying
the student to pursue a course of higher education (an "Eligible Institution") , or (ii) a
full-time student at an Eligible Institution, or (iii) a full-time faculty member at an Eligible
Institution.
5. LIMITED WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY. VENTANA warrants that
the SOFTWARE will perform substantially in accordance with the accompanying written materials for
a period of ninety (90) days from the date of receipt. VENTANA's entire liability and your
exclusive remedy shall be, at VENTANA's option, either (a) return of the price paid or (b) repair
or replacement of the SOFTWARE that does not meet VENTANA's Limited Warranty and that is returned
to VENTANA with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE
is (a) due to hardware failure or other cause within your reasonable control; (b) caused by use
of the Software other than in accordance with the accompanying documentation or other
instructions provided by VENTANA to you; (c) caused by a failure of, defect in, or change to any
software provided by you or a third party operating on or in connection with the SOFTWARE; (d)
modified, altered or changed (except by VENTANA); or (e) damaged by accident or misuse or used
other than as permitted in this License. THE FOREGOING WARRANTY AND LIMITATIONS ARE EXCLUSIVE
REMEDIES AND ARE IN LIEU OF AND VENTANA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, CONCERNING THE SOFTWARE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT WILL VENTANA BE LIABLE
FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, DAMAGES FROM LOSS OF USE, DATA
OR PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF VENTANA SHALL HAVE BEEN
ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS, COST OR DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THIS LICENSE OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER IN AN ACTION
BASED ON CONTRACT OR TORT INCLUDING NEGLIGENCE. IN NO EVENT WILL VENTANA'S TOTAL LIABILITY FOR
ANY DAMAGES IN ANY ACTION IN ANY FORM EXCEED THE LICENSE FEES PAID FOR THE LICENSED PROGRAM THAT
CAUSED THE DAMAGES.
6. GENERAL. This license will be governed by the laws of the Commonwealth of Massachusetts.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE STATEMENT OF THE AGREEMENT
BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN US, RELATING TO THE SUBJECT MATTER OF THIS LICENSE.
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