Designed by: Ziemian & Liu
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This is the limited use License Agreement of the copyright owners Ronald D. Ziemian, William McGuire, and Siwei Liu (Developers) and distributors John Wiley and Sons, Inc. (Wiley), that governs your use of any and all parts of the proprietary educational software package MASTAN2 (Licensed Program) and the Tutorial delivered with it. Your use of the Licensed Program indicates your acceptance of the terms and conditions of this Agreement. License: The Developers and Wiley hereby grant you, and you accept, a non-exclusive and non-transferable license, to use the Licensed Program and Tutorial on the following terms and conditions only: a. The Licensed Program and Tutorial are for your personal use only. b. The Licensed Program and Tutorial are for educational use only. c. You may use the Licensed Program on a single computer, or on its temporary replacement, or on a subsequent computer only. d. The Licensed Program may be copied to a single computer hard drive for playing. e. A backup copy or copies may be made only as expressly permitted by this Agreement. f. You may not use the Licensed Program on more than one computer system, make or distribute unauthorized copies of the Licensed Program or Tutorial, recompile, translate or convert P-files for use with any other numerical analysis software program, or use the MATLAB Runtime Server for any application other than the Licensed Program, create by decomplilation, reverse engineering, or disassembly the P-files of the Licensed Program or use, copy, modify, or transfer the Licensed Program, in whole or in part, or Tutorial, except as expressly permitted by this Agreement. If you transfer possession of any copy or modification of the Licensed Program to any third party, your license is automatically terminated. Such termination shall be in addition to and not in lieu of any equitable, civil, or other remedies available to the Developers and Wiley. Term: This License Agreement is effective until terminated. You may terminate it at any time by destroying the Licensed Program and Tutorial together with all copies made (with or without authorization). This Agreement will also terminate upon the conditions discussed elsewhere in this Agreement, or if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Licensed Program, Tutorial, and any copies made (with or without authorization) of either. Developers' and Wiley's Rights: You acknowledge that all rights (including without limitation, copyrights, patents and trade secrets) in the Licensed Program (including without limitation, the structure, sequence, organization, flow, logic, source code, object code and all means and forms of operation of the Licensed Program) are the sole and exclusive property of the Developers. By accepting this Agreement, you do not become the owner of the Licensed Program, but you do have the right to use it in accordance with the provisions of this Agreement. You agree to protect the Licensed Program from unauthorized use, reproduction, or distribution. You further acknowledge that the Licensed Program contains valuable trade secrets and confidential information belonging to the Developers. You may not disclose any component of the Licensed Program, whether or not in machine readable form, except as expressly provided in this Agreement. WARRANTY: THE LICENSED PROGRAM AND TUTORIAL ARE FURNISHED BY DEVELOPERS AND WILEY ON AN "AS IS" BASIS AND WITHOUT WARRANTY AS TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED PROGRAM AND TUTORIAL. THE ENTIRE RISK AS TO THE RESULTS OR PERFORMANCE, AND THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF THE LICENSED PROGRAM AND TUTORIAL IS ASSUMED BY YOU. IN NO EVENT WILL THE DEVELOPERS, DEVELOPERS' SUPPLIERS, OR WILEY, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED PROGRAM OR TUTORIAL, EVEN IF THE DEVELOPERS, DEVELOPERS' SUPPLIERS, WILEY OR AN AUTHORIZED WILEY DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. General: This Limited Warranty gives you specific legal rights. You may have others by operation of law which varies from state to state. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are to that extent deemed omitted. This Agreement represents the entire agreement between us and supersedes any proposals or prior Agreements, oral or written, and any other communication between us relating to the subject matter of this Agreement. This Agreement will be governed and construed as if wholly entered into and performed within the State of New York. You acknowledge that you have read this Agreement, and agree to be bound by its terms and conditions.