Product Design and Optimization Laboratory

User License Agreement for Software of Product Design and Optimization Laboratory (PDOL) at Simon Fraser University

This Agreement, and any new versions, between all software of Product Design and Optimization Laboratory (PDOL) at Simon Fraser University and You, covers all Your use of such software by You or by third parties.

By downloading this file, You acknowledge and agree that by accepting this Agreement you are entering into a legally binding contract, which collectively is referred to below as the “Terms? You should print off or save a copy of the Terms for your records.

1.License and Restrictions License: Subject to the terms of this Agreement, PDOL grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the PDOL software on Your computer or computer of your employer, for the sole purpose of research.

2.No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the software of PDOL or any part thereof.

3.Exclusive Ownership: Any and all intellectual property (IP) Rights in the software of PDOL are and shall remain the exclusive property of PDOL and its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with PDOL’s IP Rights. Any unauthorized use of PDOL’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.

4.No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or PDOL’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

5.Your use of software of PDOL is for legitimate purposes only and shall not adversely affect the functionality or performance.

6.If You are interested in using the software tools of PDOL for a purpose which is not permitted under this Agreement, You will have to obtain PDOL’s prior written consent and explicitly agree upon any further commercial terms.

7.What You should and should not expect from PDOL

7.1 PDOL, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to its software. PDOL has no obligation to make available to You any subsequent versions of the software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version.

7.2 PDOL has no obligation to offer any technical support.

8. What we expect from You

8.1 Lawful purposes: You will use the software of PDOL solely for lawful purposes.

8.2 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PDOL AND ITS AFFILIATES AND STAFF HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS?FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE PDOL SOFTWARE.

9.Termination: You can choose to terminate the agreement at any time. PDOL can also terminate the agreement with You if any breach of this Agreement is found or suspected. Upon termination or receiving notification from PDOL for termination, following actions are to be taken: (a) all licenses and rights to use PDOL software shall immediately terminate; (b) You will immediately cease any and all use of any PDOL software; and (c) You will immediately remove PDOL software tools from all hard drives, networks and other storage media and destroy all copies of such software tools in Your possession or under Your control.

10.Disclaimer of Warranties and Limitation of Liability

10.1 THE PDOL SOFTWARE TOOLS ARE PROVIDED “AS IS?WITH NO WARRANTIES WHATSOEVER; PDOL DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ITS SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PDOL FURTHER DOES NOT REPRESENT OR WARRANT THAT PDOL SOFTWARE WILL ALWAYS BE AVAILABLE, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.

10.2 No Liability: The PDOL software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT PDOL, ITS AFFILIATES, ITS LICENSORS, AND PDOL STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE PDOL SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH PDOL SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH PDOL SOFTWARE.

10.3 Limitation of Liability: IN NO EVENT SHALL PDOL, ITS AFFILIATES, ITS LICENSORS OR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY.

11. Additional Terms

11.1 In addition to this Agreement, You have to comply with the following Additional Terms when receiving the PDOL software. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:

Distribution of PDOL software. You are not allowed to distribute the PDOL software or any part thereof in any format, unless You have obtained PDOL’s prior written consent and explicitly agree upon any further terms.

If You are interested in doing anything which is not permitted under this Agreement or by one of the Additional Terms, You will have to obtain PDOL’s prior written consent and explicitly agree upon any further terms.

12.Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.

13.No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If PDOL waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING THIS FILE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO PDOL THE RIGHTS SET FORTH HEREIN.

PDOL Last revised: Feb 2013

NOTE: BY CONTINUING FILLING THE FORM BELOW, YOU ACCEPT THE TERMS AND CONDITIONS.