Lustick Consulting End User License Agreement:
PS-I LC Country Models Non-Commercial Use End-User License
License Version 1.0, August 30, 2010
This license applies if you download or otherwise obtain the Lustick Consulting “Country Models and Templates” designed for use with the PS-I software package.
IMPORTANT – READ CAREFULLY: This end user license agreement (“agreement”) is a legal agreement between you (in your capacity as an individual and as an agent of an academic institution) and Lustick Consulting (“LC”). Downloading, installing, using or copying of the software (as defined below) by you or by a third party on your behalf indicates your agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, do not download, install or use this software.
1. Subject of Agreement. “Product”, as referred to in this agreement, shall be any model, template, or script produced by Lustick Consulting , and designed for use with the PS-I Agent-Based Modeling and Analysis Platform. The Product consists of script files (*.scp), snapshot files (*.snp), as well as other data files as required by the PS-I executable files at run-time and documentation in electronic form. The product includes all documentation and updates provided to You by Lustick Consulting under this Agreement and the terms of this Agreement will apply to all such documentation and updates unless a different license is provided with an update or documentation.
2. Grant of license for Non-Government Users. (1) Lustick Consulting grants you a personal, non-exclusive, non-transferable, limited license without fees to reproduce, install, execute, and use internally the Product on a single Computer for your Personal Non-Commercial Use, or Educational Use. “Personal Non-Commercial Use” requires that you use the Product on the same Host Computer where you installed it yourself. “Educational Use” is any use in an academic institution (schools, colleges and universities, by teachers and students).
3. Restrictions and Reservations of Rights. (1) Any use beyond the provisions of Section 2 are prohibited. The Product and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by Lustick Consulting. Lustick Consulting reserves all copyrights and other intellectual property rights. This includes, but is not limited to, the right to modify, make available or public, rent out, lease, lend or otherwise distribute the Product. This does not apply as far as applicable law may require otherwise or if Lustick Consulting grants you additional rights of use in a separate agreement in writing.
(2) You may not do any of the following: (a) modify the Product, except for research or educational purposes; (b) rent, lease, lend or encumber the Product; (c) remove or alter any proprietary legends or notices contained in the Product; or (d) decompile, or reverse engineer the Product (unless enforcement of these restrictions is prohibited by applicable law).
(3) No right, title or interest in or to any trademark, service mark, logo or trade name of Lustick Consulting or its licensors is granted under this Agreement.
4. Termination. The Agreement is effective on the Date you receive the Product and remains effective until terminated. Your rights under this agreement will terminate immediately without notice from Lustick Consulting if you materially breach it or take any action in derogation of Lustick Consulting’s and/or its licensors’ rights to Product. Lustick Consulting may terminate this Agreement should any Product become, or in Lustick Consulting’s reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Product and confirm compliance in writing to Lustick Consulting. Sections 3 –9, inclusive, will survive termination of the Agreement.
5. Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, LUSTICK CONSULTING PROVIDES THE PRODUCT “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXECPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the costs of all necessary servicing, repair, or correction.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LUSTICK CONSULTING OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT, EVEN IF LUSTICK CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event, will Lustick Consulting’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Product under this agreement. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. Third Party Code. Portions of Product may be provided with notices and open source licenses from communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations You may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement apply to all the Product.
8. Export Regulations. All Product, documents, technical data, and any other materials delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.
9. Miscellaneous. This Agreement is the entire agreement between you and Lustick Consulting relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, AND/OR CLICKING THE “I AGREE” BUTTON, YOU ARE INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.