FREE OF CHARGE SILVER VERSION
The license is nontransferable. Usage of the Software requires the acceptance of the present EULA.
newFASANT END USER LICENSE AGREEMENT for the newFASANT SILVER VERSION (“EULA”)
Copyright © 2010 – 2017 newFASANT. All rights reserved.
This EULA is made by and between NewFasant, S.L. ("newFASANT") and the final user ("User") who completes the installation process to install and use the "newFASANT Silver Version" ("Software") provided that the term "Software" also comprises any documentation and manuals delivered together with or included in the Software. BY USING THE SOFTWARE, YOU ACKNOWLEDGE ACCEPTANCE OF THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SOFTWARE.
1 Limited License Grant
1.1 newFASANT is the owner of the usage and exploitation rights to the Software. In comparison to the full version of the newFASANT, the Software comprises a reduced set of functions (e.g. limited in the maximum number of subdomains for the MoM approaches).
1.2 All intellectual and industrial property rights to the Software, and in particular the comprehensive copyright, together with all rights in the Software, documents and information provided as part of the Software, shall remain with newFASANT and its licensors. This legal status enjoyed by newFASANT and its licensors shall remain unchanged by the limited licenses granted to user herein.
1.3. The Software is being provided to User for her/his use only. User is not permitted to hire out, lend or assign the Software in whole or in part, in whatsoever form or for whatsoever purpose. The license under this EULA is granted subject to the condition that the Software is operated by User herself / himself and not by any third party. Any installation or use of the software on any third party’s hardware is not allowed.
1.4 Knowledge gained as a result of the use of the Software must not be used to develop software of its own in the same field of application (i.e. electromagnetic simulation), nor be made available to third parties for this purpose. In particular, the Software must not be modified, imitated, reverse engineered, disassembled or decompiled. User must not alter or modify the installer program or create a new installer for the Software. Additionally, User is not allowed to manipulate the Software in order to exploit it beyond the permitted scope of use. Without newFASANT’s prior written permission, User must not use the Software to perform benchmark tests or issue benchmark results which compare the Software with other electromagnetic simulation software products.
1.5 ANY MISUSE OF THE SOFTWARE OR INFRINGEMENT OF newFASANT’S INTELLECTUAL PROPERTY RIGHTS MIGHT BE SUBJECT TO PROSECUTION AND CLAIMS FOR INDEMNIFICATION ACCORDING TO STATUTORY LAW.
2 Research Results and Publications
2.1 In all publications of User which refer, even just in part, to the Software or to results achieved using the latter, the Software and newFASANT must be suitably referenced.
3 Limited Warranty
3.1 With regard to the Software, newFASANT shall be liable to compensate User for any damage arising from any infringement of intellectual property rights and any defects provided that newFASANT concealed fraudulently the respective infringement or defect of the lent Software.
3.2 ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED.
4 Limitation of Liability
4.1 UNDER NO CIRCUMSTANCES SHALL newFASANT BE LIABLE TO USER FOR ANY DAMAGES
5 Term and Termination
5.1 This EULA commences when duly accepted by User. It may be terminated by either party according to the statutory provisions of a gratuitous loan agreement. Nevertheless, the EULA and the limited term license granted herein cease automatically as soon as the license file for the copy of the Software expires.
5.2 The foregoing shall not affect either party’s right to extraordinary termination for cause.
User agrees that the Software is confidential information of newFASANT. Taking this into consideration, User shall protect newFASANT’s confidential information including, but not limited to, the Software from unauthorized dissemination and shall use with the same degree of care that she / he uses to protect her / his own like information but, in no event, less than a reasonable degree of care. However, User must not use newFASANT’s confidential information for purposes other than those necessary to directly further the purposes of this EULA. In no case, User may disclose to third parties newFASANT’s confidential information without newFASANT’s prior written consent. The aforesaid confidentiality obligations survive the termination or expiration of this EULA for an unlimited period.
7 Data Privacy
In the course of the installation process of the Software, newFASANT collects and processes personally identifiable information about User (including User’s name, email address, country and IP address). Those personal data will solely be stored and used by newFASANT in order to prevent or track misuse of the Software. In each case, newFASANT shall comply with the rules of the applicable statutory data protection law.
8.1 This EULA may only be modified by a written amendment signed by both parties. The same shall apply to any waiver of the written form requirement.
8.2 If any provisions of this EULA should be or become illegal, invalid or unenforceable under present or future laws, the remaining provisions shall not be affected thereby. The illegal, invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent of the illegal, invalid or unenforceable provision. The aforesaid shall apply respectively in any cases of omissions or regulatory gaps.
8.3 This EULA shall be governed and construed by the laws of Spain. The application of the UN Convention on the International Sale of Goods and the conflict of laws provisions under Spanish law are hereby excluded.