NOTICE: MATHSOFT, INC. IS WILLING TO LICENSE THE TRIAL SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE DOWNLOADING THE SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD OR USE THE SOFTWARE.
MathSoft Incorporated ("MathSoft") grants you a free trial license to use the Mathcad Explorer ("Trial Software") solely for evaluation purpose. You shall not use the Software for any development, commercial or production purpose. Any commercial reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.
The Trial Software is protected under applicable copyright laws, international treaty provisions, and trade secret statutes of the various states. This Agreement grants you a limited non-exclusive, non-transferable license to use the Trial Software. This is not an agreement for the sale of the Trial Software or part thereof. Your right to use the Trial Software is limited to the terms and conditions described therein.
You may use the Trial Software solely for your own personal or internal purposes, for non-remunerated demonstrations (but not for delivery or sale) in connection with your personal or internal purposes on only one computer at a time and by only one user at a time. You may not make copies of the Trial Software.
MathSoft, Inc. reserves all rights not expressly granted to you by this License Agreement. The license granted herein is limited solely to the uses specified above and, without limited the generality of the foregoing, you are NOT licensed to use or to copy all or any part of the Software in connection with the sale, resale, license, or other for-profit personal or commercial reproduction or commercial distribution or computer programs or other materials without the prior written consent of MathSoft, Inc. In particular, the DLL interface specifications, the HBK file format and other confidential information and copyrighted materials may not be used for creating computer programs or other materials for sale, resale, license, or for remunerated personal or commercial reproduction or commercial distribution without the prior written consent of MathSoft, Inc.
Your license to use the Trial Software will automatically terminate if you fail to comply with the terms of the Agreement. If this license is terminated, you agree to destroy/delete and/or remove all copies of the Trial Software in your possession.
DISCLAIMER OF WARRANTY. THE TRIAL SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MATHSOFT FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE TRIAL SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MATHSOFT, OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TRIAL SOFTWARE, EVEN IF MATHSOFT, INC.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement shall be governed by the laws of the State of Massachusetts, and you further consent to jurisdiction by the state and federal courts sitting in the State of Massachusetts. If either MathSoft or you employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
The Trial Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is MathSoft, Inc., 101 Main Street, Cambridge, MA 02142.
You acknowledge that the Trial Software acquired hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You confirm that with respect to the Trial Software, it will not export or re-export them, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, Sudan, South Africa (military and police entities), Syria, and Vietnam); (ii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. You further acknowledge that the Trial Software may include technical data subject to export and re-export restrictions imposed by U.S.A. law.