This UnRisk Excel License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and MathConsult GmbH (“MCO”), which holds copyrights of a proprietary computer software and "on-line" or electronic documentation and associated media and printed materials (collectively known as UnRisk Excel or Software). By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer receives as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.

License Types

Single-Machine License

The Single-Machine License Agreement allows one user to run UnRisk Excel on a single machine at one time.

Network License

The Network License is designed to accommodate a network environment. A server program allows a predetermined number of processes to run currently on the network.

Copyright

MCO is the holder of the copyright to the UnRisk Excel software (including but not limited to any software components, “look and feel”, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, and any copies of the Software). The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make copies of the Software solely for backup or archival purposes, provided Customer reproduces and includes MathConsults's copyright and trademark notices contained on the original distribution media on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is licensed, not sold. Customer may not loan, rent or license the software or the manual.

Mathematica Required

In order to use UnRisk Excel you must use Mathematica, a software product licensed by Wolfram Research. UnRisk Excel does not contain nor does it grant you a license to use Mathematica; a license to use Mathematica, must be obtained seperately.

Grant of Use License

MCO grants the customer a non-exclusive and non-transferable license to use the UnRisk Excel software ("Software") as long as the customer complies with the terms of this agreement. Without a license key purchased from MCO, or its distribution licensees, distributors and dealers Customer gets a limited right to use the Software for evaluation purposes only. This evaluation agreement DOES NOT GRANT any other right or license, including but not limited to duplication, distribution, or commercial use. Commercial use of the Software is granted only by purchasing a license key from MCO or distribution licensees, distributors and dealers. With a Single-Machine License you may use one (1) copy of the software for one (1) concurrent user. With the network License of the software you may use one (1) copy of the server application plus at the same time as many clients (connections) as allowed by your license key. The client software may be installed on as many computers as needed, but only the purchased number of connections to the server will be possible at the same time. Additional connection licenses may be purchased to allow additional simultaneous connections.

Prohibited Uses

1. running more Processes concurrently than the maximum purchased
2. decompiling, disassembling or reverse engineering the software
3. distributing, publishing, transferring, sublicensing, lending, leasing or renting the Software or any portion of the Software
4. allowing access to the Software by any person other than the licensee, access to the Software via web server is only allowed pursuant to a valid webUnRisk license agreement
5. removing any copyright, trademark, or other proprietary notices from the Software

Disclaimer of Warranty

MCO makes no warranties to Customer or any third party other than those specifically indicated in this Agreement. MCO shall have no obligation or liability with respect to any claim, suit or proceeding based upon (a) infringement by a combination of the Software with other software products not furnished by MCO; (b) infringement resulting from any modification by any person or entity other than MCO; or (c) any use of the Software in the practice of a process not specified or authorized by MCO.

MCO and its distribution licensees, distributors and dealers do not warrant, guarantee or make any representations regarding the use or the results of the use of the software in terms of its correctness, accuracy, reliability, currentness or otherwise.

The software is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, MCO and its distribution licensees, distributors and dealers disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the software.

In no event will MCO and its distribution licensees, distributors and dealers be liable to you for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the software even if MCO and its distribution licensees, distributors and dealers have been advised of the possibility of such damages.

Governing Law

This Agreement shall be construed in accordance with the laws of Austria. In the event of any dispute arising out of or relating to this Agreement, the parties agree to jurisdiction and venue of the applicable court in Linz, Austria.

Customer acknowledges that customer has read this agreement, understands it and agrees to be bound by its terms and conditions. Customer further agrees that it is the complete and exclusive statement of the agreement between customer and MCO which supersedes any proposal or prior agreement, oral or written, and any other communications between customer and MCO relating to the software. This agreement may not be modified except by a writing signed by a duly authorized representative of MCO.

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