Please read the following terms and conditions of this agreement carefully before using any Itasca codes.
Installation of the code onto your computer indicates your acceptance of the terms and conditions in this agreement.
If you do not agree with these terms and conditions, please do not install the code.
This program is provided by Itasca Consulting Group, Inc. or one of its authorized suppliers. Title to the media on which the program is recorded and to the documentation in support thereof is transferred to the customer, but title to the program is retained by Itasca. Itasca owns all intellectual property in the program. Itasca permits you to use the program only in accordance with the terms of this agreement. You assume responsibility for the selection of the program to achieve your intended results and for the installation of the program, the use of and the results obtained from the program.
License
- All Itasca codes (with the exception of Demonstration Versions, see below) are secured software and require a hardware lock to operate the code.
- You may make one copy of the program for backup only in support of such use and provided your backup copy is not installed or used on any computer.
- You may not use, copy, modify, or transfer the program, or any copy, in whole or part, except as expressly provided in this document. You may not reverse engineer, decompile, or disassemble the program to obtain the source code of the program.
- You may not sell, sub-license, rent, or lease this program.
- Licenses are not transferable outside the purchasing organization, company, institution, or corporation. Licenses sold to private individuals are not transferable under any terms.
- The program may not be shared, installed, or used concurrently on different computers (with the exception of Network Versions, see below).
Terms
The license is effective until terminated. You may terminate it any time by destroying the program together with any back-up copies and returning the hardware lock. It will also terminate if you fail to comply with any term or condition of this agreement. You agree upon such termination to destroy the program together with any back-up copies, modifications, and/or merged portions in any form and return the hardware lock to Itasca.
Warranty
Itasca will correct any errors in the code at no charge for twelve (12) months after the purchase date of the code. Notification of a suspected error must be made in writing, with a complete listing of the input and output files and description of the error. If, in the judgment of Itasca, the code does contain an error, Itasca will (at its option) correct or replace the copy at no cost to the user or refund the initial purchase price of the code. This warranty does not apply to demonstration versions (see below).
Limitation of Liablility
Itasca assumes no liability whatsoever with respect to any use of the code or any portion thereof or with respect to any damages or losses that may result from such use, including (without limitation) loss of time, money or goodwill that may arise from the use of the code (including any modifications or updates that may follow). In no event shall Itasca be responsible for any indirect, special, incidental or consequential damages arising from use of the code.
Export
You may not ship, transfer, or export into any country the program or its updates in any manner prohibited by the United States Export Administration Act or any other export laws or restrictions. In addition, you represent and warrant that you are not a citizen or located within an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that you are not otherwise prohibited under United States Export Laws to receive the program. Rights to use the program are forfeited for failure to comply with this agreement.
Hardware Locks
Title to the hardware lock(s) associated with a license belongs to Itasca. You are wholly responsible to maintain and safeguard the hardware lock. Itasca reserves the right to determine the cost of replacing a lost or stolen hardware lock, up to and including the cost of a new license.
Updates and Upgrades
If the software is an update or an upgrade to a previous version, you must possess a valid license to the previous version. Any update or upgrade provided for a previous version is subject to the terms of this agreement. You may continue to use previous versions provided that (a) it is necessary to use the previous version to read or otherwise use outputs from that version of the program, (b) you do not transfer the previous version to another party, and (c) you acknowledge that any obligation that Itasca has to support the previous version of the program may end upon obtaining the update or upgrade.
Network Versions
If and only if the program is a network version, the terms of this agreement apply in all respects with the following exception: the software may be used concurrently on the number of machines for which the program has been licensed and as allowable by the program’s hardware lock.
Demonstration Versions
If and only if the program is a demonstration version, the terms of this agreement apply in all respects with the following exceptions. The program is provided “AS-IS” and Itasca bears no responsibility to provide support for the program. The program shall be operable without a hardware lock. You acknowledge that the program may contain bugs, errors or other problems for which Itasca disclaims any warranty or liability obligations.
Code Support
Itasca will provide email and telephone support, at no charge, to assist the code owner in the installation of the code on the owner’s computer system. Additionally, general assistance may be provided in aiding the owner in understanding the capabilities of the various features of the program. However, no-cost assistance is not provided for help in applying Itasca Software to specific user-defined problems.
Technical support covering modeling questions, applications, definitions, interpretation of results, design guidelines, etc., can be purchased on an as-needed basis. For users who envisage the need for substantial amounts of assistance, consulting support is available. In all instances, the user is encouraged to send the problem description to Itasca by fax or electronic mail in order to minimize the amount of time spent trying to define the problem.
Itasca reserves the right to determine what qualifies as no-cost assistance and what requires payment.
