Mathias Systems LLC > MaxQuickLoad > MaxQuickLoad EULA

MATHIAS SOFTWARE LICENSE TERMS

MATHIAS MaxQuickLoad

These license terms are an agreement between Mathias, LLC and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Mathias

 * updates,

 * supplements,

 * Internet-based services, and

 * support services

for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use the software.

If you comply with these license terms, you have the rights below.

1. OVERVIEW.

a. Software. The software includes

  • Ÿ a customized Microsoft Office Excel® Spreadsheet; and
  • Ÿ additional software that may only be used with the software directly, or indirectly through other additional software.

b. License Model.  The software is licensed on a limited-time subscription basis for a one (1) year period based on Named Users License(s). Licensee may use the Software provided that a separate and valid license has been purchased specifically for each user under this Agreement. Each user constitutes a Named User. A Named User can be changed by Licensee provided that the original Named User ceases using or having access to the Software and the substitute Named User accepts all the terms and conditions of this Agreement. No more than one (1) person shall be a Named User or permitted to use the Software under the same license at the same time. Named User License(s) prohibit the use of concurrent, shared or multiple uses of an individual Software license. At the end of the subscription license term the user has several options: (1) renew the subscription; or (2) remove the software from the computer.

c. License Terms for Use with Virtual Server and Other Similar Technologies.

  • ŸInstance. You create an “instance” of software by opening the MaxQuickLoad Excel workbook. You also create an instance of software by duplicating an existing instance. References to software in this agreement include “instances” of the software.
  • ŸRun an Instance. You “run an instance” of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
  • ŸOperating System Environment. An “operating system environment” is all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and instances of applications, if any, configured to run on the operating system instance or parts identified above.

    There are two types of operating system environments, physical and virtual. A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software (e.g. Microsoft Virtual Server or similar technologies) or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar technologies) is considered part of the physical operating system environment. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system. A physical hardware system can have either or both of the following:
  • Ÿone physical operating system environment
  • Ÿone or more virtual operating system environments.
  • ŸDevice.  A device is a physical hardware system capable of running operating system software. 
  • ŸAssigning a License. To assign a license means simply to designate that license to one device or user.

d. Product Key. The software requires a Product Key. That number will allow you to use the edition of the software you licensed. You may have the option to upgrade the software by acquiring a license and a new Product Key.

2. INSTALLATION AND USE RIGHTS.

a. Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software expressly permitted in this agreement unless you activate your copy of the Software in the manner described during the installation sequence. If you are not using a licensed copy of the Software, you are not allowed to install and/or run the Software or future Software updates.

b. Assigning the License to the Workstation.

1. Before you run any instance of the software under a software license, you must assign that license to one of your workstations. That workstation is the licensed device for that particular license. You may not assign the same license to more than one device.

2. You may reassign a software license to a new device. If you reassign a license, the device to which you reassign the license becomes the new licensed device for that license.

c. Running Instances of the Software. You may run, at any one time, one instance of the software under a software license in one physical operating system environment.

3. INTERNET-BASED SERVICES. Consent for Internet-Based Services.

a. ONLINE SOFTWARE ACTIVATION

This software connects to the LimeLM license manager to activate and verify your software license. In some cases, you will not receive a separate notice the software connects to LimeLM. For more information about LimeLM licensing see:
http://wyday.com/limelm/help/activation-privacy/

During activation, product key information is sent to wyDay, such as:

  • Ÿ The product code, which is a five-digit code that identifies the product you are activating.
  • Ÿ The date of installation.
  • Ÿ Information that helps confirm that the product key information has not been altered.
  • Ÿ Activation also sends to wyDay a number generated from the computer's hardware configuration. This number does not represent any personal information or information about the software. It cannot be used to determine the make or model of the computer and it cannot be calculated to determine any additional information about your computer.

b. REST API

This software uses the Representational State Transfer (REST) application programming interface (API) to query and update application data in Tivoli®'s process automation engine. An active and valid IBM Maximo® userid and password is required to query or update Maximo® application data. It is your responsibility to ensure you have a valid IBM Maximo® license. Your Maximo® userid and password is never stored or retained by the program. It is only used in REST API query and update transactions transmitted to the IBM Maximo REST URL you specify in the software settings form.

IMPORTANT: SSL should be implemented on your Maximo application server to ensure that data transmitted by this application is encrypted.

See your Maximo systems administrator if you have any questions. Using this program without SSL implemented on your Maximo application server is not recommended.

More information about the Maximo Rest API can be found at the IBM website.

4. SCOPE OF LICENSE.

a. Trial Period License. You may be provided a trial license key to use this Software for free for a thirty (30) day Trial Period. During the Trial Period, Mathias grants You a limited, non-exclusive, non-transferable, non-renewable license to use the Software for evaluation purposes only and not for any commercial use.

b. Trial Use Rights and Limitations. You may use the software during the Trial Period only to demonstrate and internally evaluate it. DURING THE TRIAL PERIOD THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. THE LICENSOR GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, THE LICENSOR EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Sections 2 (Installation and Use Rights), 6 (Backup Copy), 7 (Documentation), and the limited warranty below are not applicable. Because the software is provided “as is,” Mathias may not provide support services for it. At Mathias’ discretion, Mathias may provide limited support through email or through the Mathias web site. The term of this license is 30 days from your initial installation of the software. The Software contains a feature that will automatically disable the Software at the end of Trial Period if a valid License is not purchased. Mathias will have no liability to you if this feature disables the Software.

c. License after Trial Period. Mathias products are not sold; rather, copies of Mathias products, including Mathias branded products, are licensed all the way through the distribution channel to the end user. This agreement only gives you some rights to use the software. Mathias reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.

5. LICENSE RESTRICTIONS. You must comply with any technical limitations in the software during and after the Trial Period that only allow you to use it in certain ways. You may not:

  • Ÿwork around any technical limitations in the software;
  • Ÿreverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
  • Ÿmake more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
  • Ÿpublish the software for others to copy;
  • Ÿrent, lease or lend the software;
  • Ÿtransfer the software or this agreement to any third party without express written permission from Mathias; or
  • Ÿuse the software for commercial software hosting services.

6. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.

7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

9. SUPPORT SERVICES. Mathias provides support services for the software as described at http://www.mathias-sys.com/support/

10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

11. APPLICABLE LAW.

a. United States. If you acquired the software in the United States, the laws of the Commonwealth of Kentucky governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

13. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Mathias and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

  • repair, replacement or a refund for the software does not fully compensate you for any losses; or
  • Mathias knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

14. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Mathias specifically disclaims any express or implied warranty of fitness for High Risk Activities.

15.  U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software is provided with "RESTRICTED RIGHTS."  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor.  Use of the Software by the Government constitutes acknowledgment of Mathias’ proprietary rights therein.  Contractor or Manufacturer is Mathias LLC, Hopkinsville, KY  42240.

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LIMITED WARRANTY

A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Mathias materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for one year after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will apply to the recipient.

To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Mathias’ reasonable control.

D. REMEDY FOR BREACH OF WARRANTY. Mathias will repair or replace the software at no charge. If Mathias cannot repair or replace it, Mathias will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If Mathias cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to Mathias with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.

E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.

F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.

1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Mathias at

support@mathias-sys.com

For more information please visit www.mathias-sys.com

G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Mathias. Mathias gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Mathias excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.