FORMULATOR LICENSE AGREEMENT
Please read the following terms and conditions before installing, executing and using standalone application edition of Formulator ("Software") provided by Hermitech Labs, Ukraine ("Hermitech"). By installing and using the Software You indicate Your acceptance of the terms and conditions set in this License Agreement (the "License Agreement").
1. COMMERCIAL VERSION LICENSE
You may NOT use the Software under this License Agreement for commercial purposes. Commercial users can obtain a license from Hermitech by sending an order by e-mail, using the following address: firstname.lastname@example.org.
2. NON-COMMERCIAL VERSION LICENSE
2.1. Qualification for a Non-Commercial Version License.
To qualify for a Non-Commercial Version License, You must: (1) use the Software for non-commercial purposes as defined herein and be a Non-Commercial Entity as defined herein, or (2) be an University User as defined herein.
The term "Non-Commercial Entity" is limited to the following:
(1) University or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges), non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare).
(2) "University Users" who use the Software for professional (occupational) duties (such as preparing of educational materials for later use in class) or personal use, and other individual users who use the Software for personal non-commercial purposes (such as hobby, recreational, or educational purposes). The term "University Users" is limited to students, faculty members, researchers, administrators, support staff, and employees of a university or other educational institution when acting in this capacity.
If You do not qualify for a Non-Commercial Version License, then You should discontinue the downloading or installation process and purchase a Commercial Use License, or obtain an Evaluation License, or request Hermitech for elucidation by sending an e-mail using the following address: email@example.com.
For the avoidance of doubt, the following are considered examples of commercial uses of the Software:
(1) bundling or integrating the Software with any hardware product or another software product for commercial use;
(2) use at or for a commercial enterprise;
(3) use for financial gain, personal or otherwise.
2.2. License Grant. As long as you comply with the terms of this License Agreement, Hermitech grants to You a FREE OF CHARGE, limited, non-exclusive, non-transferable license to use the Software for NON-COMMERCIAL PURPOSES, without right to sub-license.
2.3. Intellectual Property Ownership, Copyright Protection.
This Software, any images and documentation incorporated into the Software are the intellectual property of and are owned by Hermitech.
This license is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of Hermitech. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with Hermitech.
The Software is protected, among other ways, by international copyright laws. All rights not expressly granted herein are retained by Hermitech.
2.4. Public Access (University Networks).
If You are a University User, as long as you comply with the terms of this License Agreement, You are hereby licensed to place a copy of the Software onto a network of Your University (or Your other educational institution) for use by other University Users.
You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws prohibit such restriction), bundle with another software product or create derivative works based on the Software, rent, lease, transfer, license or otherwise transfer rights to the Software, or remove any proprietary notices, licenses, displays, installation procedures or labels on or in the Software, whether set forth in files or on media.
2.6. Disclaimer of Warranty.
You expressly agree that the use of this Software is at Your own risk. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. The information and services provided by the Software and/or Hermitech are similarly provided on an "AS IS" basis, without warranty of any kind. The accuracy and reliability of any information content or services provided by the Software and or Hermitech should be independently verified by You as the user prior to making purchase decisions and or any other decisions based on such information content and services.
2.7. Limitation of Liability. To the maximum extent permitted by law, in no event will neither Hermitech nor anyone else involved in the creation, production, or delivery of this Software be liable for any damages arising from the use of or inability to use the Software, including, without limitation, damages to users’ systems and/or Software and/or data, computer failure or malfunction, performance delays, and all other damages or losses.