EULA

End User License Agreement

1. Grant of License

1.1 This is a legal agreement between you and Global TCAD Solutions GmbH (“Licensor”). The terms of this agreement govern your use of this software and the hardware lock to protect the software (dongle). By installing and/or using this software, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you are obliged to immediately erase the software from your computer memory.

1.2 By means of your payment of the license fee, Licensor grants to you a non-exclusive right to use the software on one or more computers depending on, and as described in, the License File you received. You are allowed to use the software within the scope of the application package and of your internal business operations. Subject to the restrictions specified in clause 2.1 below, you may make as many copies as you need for archival use; that is, for the sole purpose of backing up your program and protecting your investment from loss, as long as the archival copy contains the same proprietary notices as appear in this software.

1.3 Licensor and Technical University Vienna retain their intellectual property rights of the software, both the original as well as all subsequent copies made. This license is not a sale of the original software or of any copy. This software is only licensed to you and the software, any services or an interest in them may not be transferred, transferred by timesharing, by subscription or by outsourcing assigned, rented, leased, sold, hosted or otherwise disposed of to anyone else.

1.4 You have the right to permit agents, contractors and outsourcers to use the software on behalf of you, subject to this license agreement. You are responsible for the usage by the agents, contractors and outsourcers.

1.5 Licensor has the right to audit your use of the software, whereby you are obliged to facilitate such audit in any reasonable manner.

2. Restrictions

2.1 The software is protected by copyright law and international treaty provisions. Unauthorized copying of the software is expressly forbidden. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software.

2.2 You are not allowed to remove any markings or notices of property rights, including intellectual property rights.

2.3 You are not allowed to evade in any way the copy protection of the software.

2.4 You are not allowed to publish any results of benchmark tests run on the software or its components.

2.5 You are obliged to comply fully with all relevant export laws and regulations of the country of your domicile and other applicable export and import laws to assure that neither the software, nor any direct product thereof, nor the dongle, are exported, directly or indirectly, in violation of applicable laws.

2.6 You are not allowed to make the software available for use in a third party`s business operation.

2.7 You may be held legally liable for any copyright infringement caused by your failure to abide by the terms of this agreement.

2.8 You shall maintain in confidence all information provided by Licensor, in particular not to publish it and not to transfer it to third parties. In case that you, according to 1.4. above, permit agents, contractors and outsourcers to use the software on behalf of you and subject to this license agreement, you shall require them to sign a written confidentiality agreement. You shall send copies of all such confidentiality agreements to Licensor.
Furthermore you shall keep all documents and data carriers containing information of Licensor secret in the same way as you keep your own secret documents, and you shall require all of your employees having access to information of Licensor to sign a written confidentiality agreement. You shall send copies of all such confidentiality agreements to Licensor.

3. Termination

This license agreement will terminate automatically without notice from Licensor if you fail to comply with any provisions of this license agreement. Furthermore it will terminate automatically without notice at the time the contractual relationship as determined in the offer provided by GTS and as accepted by you with Acceptance Notice ends. Upon termination you shall destroy all copies of the program. You are obliged to continue to maintain secrecy with respect to the information obtained from Licensor.

4. Disclaimer of Warranties

To the extent permitted by applicable law, this software and the dongle is delivered “as is” and without express or implied warranty of any kind by either Licensor or anyone else who has been involved in the creation, production or delivery of the software and the dongle, including but not limited to any implied warranty of merchantability, non-infringement or fitness for a particular purpose.

5. Limitation of Liability

Under no circumstances shall Licensor or Technical University Vienna be liable to you on account of any claim (whether based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity, the failure of any limited remedy to achieve its essential purpose, or otherwise) for any loss of profits, data, data use or for any direct, indirect, punitive, special, consequential, incidental, or exemplary damages, including but not limited to lost profits, or for any damages or sums paid by you to third parties, even if Licensor has been advised of the possibility of such damages.

6. Online Demo Version

In case Licensor provides an Online Demo Version you may use this version without any fees or costs. However, you agree that all data contained in the Online Demo Version, esp. simulations, as well as all working steps of the users, e.g. uploads, and the nicknames of the users are visible for the public. You agree that Licensor provides no service for the Online Data Version and that for this version any warranty and liability of Licensor with regard to data protection is excluded. Furthermore you agree that any liability of Licensor for uploads and uploaded content is excluded. If Licensor will be successfully sued by third persons because of content uploaded by you, you shall indemnify and hold harmless the Licensor from any liability.

7. Governing Law and Jurisdiction

This agreement and all agreements arising from it shall be governed exclusively by Austrian law. In case of litigation initiated by Licensor the parties submit to the exclusive jurisdiction of either the competent court for commercial matters for Vienna, Inner City or of any court of the country of your domicile, as may be chosen by Licensor, for all disputes related to this agreement. In case of litigation initiated by you the parties submit to the exclusive jurisdiction of the competent court for commercial matters for Vienna, Inner City for all disputes related to this agreement.