MEMS Technology Solutions
Terms of Use / License Agreement
This is a legal agreement between you, the end user, and MEMSolver, the developer of the software program ("MEMSolver"), regarding your use of MEMSolver products ("Software"). By installing the Software, you agree to be bound by the terms of this agreement.
Grant of License
MEMSolver grants you a license to use one copy of the version of this SOFTWARE on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. Sharing this Software with other individuals, or allowing other individuals to view the contents of this Software, is in violation of this License. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a multi-user license from MEMSolver. If you have purchased a rental version of the software, you must purchase and renew the license if you wish to use it beyond the expiry date of the license.
Evaluation / Refund Policy
When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your system. This license is not transferable to any other system, or to another organization or individual. During this evaluation period, all terms of license mentioned on this page will be applicable. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.
The SOFTWARE is owned and copyrighted by MEMSolver. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
The SOFTWARE is protected by United States and Indian copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You may not remove or conceal any proprietary notices, labels or marks from the Software.
Restrictions on use
You may not, and you may not permit others to (a) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Software; (b) modify, distribute, or create derivative works of the Software; (c) copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Software; (d) decipher the formulas or the technology or theory behind it.
No other warranties
MEMSolver software does not warrant that the software is error free. MEMSolver software disclaims all other warranties with respect to the software, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction.
In the event of invalidity of any provision of this License, the parties agree that such invalidity shall not affect the validity of the remaining portions of this License.
No liability for consequential damages
In no event shall MEMSolver software or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the software, even if MEMSolver software has been advised of the possibility of such damages. In no event will MEMSolver software have liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
By downloading and installing the software, you acknowledge that you have read and understood the fore going and that you agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposed or prior agreements, oral or written, and any other communications between the parties relating to the license described herein.
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