END USER LICENSE AGREEMENT FOR THE ACADEMIC VERSION OF DC-API SOFTWARE
WARNING: ACADEMIC VERSION OF DC-API SOFTWARE IS FOR NON-COMMERCIAL USE ONLY
This End User License Agreement ("EULA") is a legal agreement between you ("LICENSEE") (either an individual or a single entity) and MTA SZTAKI, Computer and Automation Research Institute, Hungarian Academy of Sciences, Hungary ("MTA SZTAKI") for academic use of the software product DC-API development toolset, which includes computer software, sample applications and electronic documentation (collectively the "SOFTWARE").For your guidance
- Academic use includes any activities where fees are not charged, including
but not limited to;
- Research activities where the research results are available for free distribution.
- Educational teaching activities (as distinct from Training Programmes below).
- Commercial use includes any activities where fees are charged, including but
not limited to;
- Training programmes
- Research activities where the research results are not available for free distribution.
- Research activities where research results are released in such a manner that commercial advantage can be gained by a receiving organization.
You agree that the aggregation of Academic use and Commercial use constitutes all uses or potential uses of the SOFTWARE.
Concerning Academic use; any academic report, publication, webpage, or other academic disclosure of results obtained with this SOFTWARE must acknowledge this SOFTWARE's use by an appropriate citation.
Read the EULA carefully before completing the installation process and using the SOFTWARE. If you did not obtain this copy of the SOFTWARE legally, please destroy the copy immediately. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, MTA SZTAKI is unwilling to license the SOFTWARE. In such event, you may not install, copy or otherwise use the SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Furthermore you hereby declare that you understand that this is an academic license and that a commercial license for the use of this software exists. You agree that contravention of the academic license may result in a liability arising for historic, current and future license payments under the terms of the prevailing commercial license that was in effect during the time period of the contravention.
Subject to the terms and conditions of this EULA, MTA SZTAKI grants you, LICENSEE, a non-exclusive, non-transferable limited license to install and use one (1) copy of the SOFTWARE, solely for demonstration, testing, educational, evaluation purposes and for academic research. LICENSEE may make one (1) copy of the SOFTWARE solely for backup or archival purposes, provided that LICENSEE reproduces and includes all copyright and other proprietary notice(s) on the copy.
LICENSEE may NOT:
- Rent, lease, lend, transfer, distribute or otherwise transfer rights to the SOFTWARE for any purposes.
- Remove any proprietary notices or labels on the SOFTWARE.
- Modify the SOFTWARE.
- Reverse engineer or decompile, decrypt, disassemble or otherwise reduce the SOFTWARE to human-readable form.
- Use the software for commercial purposes.
The SOFTWARE is licensed, NOT sold. The foregoing EULA gives LICENSEE limited rights to use the SOFTWARE. All rights, title and interest, including all copyrights, in and to the SOFTWARE and any copies LICENSEE is permitted to make herein are exclusively owned by MTA SZTAKI. MTA SZTAKI retains all rights not expressly granted to LICENSEE in this EULA.
- Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MTA SZTAKI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF PERFORMANCE OR MERCHANDABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. ANY OTHER SOFTWARE, ANY OTHER HARDWARE, AND ANY OTHER WRITTEN MATERIAL FURNISHED WITH OR ACCOMPANYING THE SOFTWARE IS NOT WARRANTED BY MTA SZTAKI. MTA SZTAKI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MTA SZTAKI BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR CAUSED BY THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF MTA SZTAKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Entire Agreement
This EULA constitutes the entire agreement between LICENSEE and MTA SZTAKI and supersedes any other prior agreements or understandings, whether oral or written, regarding the SOFTWARE. If a provision of this agreement is deemed null and void, invalid or without effect, the remainder of this agreement shall remain in effect. This Agreement shall be governed by and construed under Hungarian law.
Without prejudice to any other rights, MTA SZTAKI may terminate this EULA if the licensee fails to comply with the terms and conditions of this EULA. In such an event, the LICENSEE must destroy all copies of the SOFTWARE and all of its component parts.