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License

Context#

This Agreement is entered into between:

  • You (the licensee), hereinafter referred to as "Recipient", and
  • Innovamics, located at 87, Avenue des Frères Perret, 69190 Saint-Fons, hereinafter referred to as "Licensor".

This Agreement governs the terms of use for the COMFOR software, developed by Eduardo Guzman Maldonado. The term "SOFTWARE" refers to the COMFOR software provided to the Recipient, including its binaries, executables, and any derived works.

1. License#

The Licensor grants the Recipient a non-exclusive, non-transferable right to use the SOFTWARE. Clarification: The provision of the SOFTWARE does not constitute a transfer of any intellectual property rights held by the Licensor.

2. Termination#

The use of the SOFTWARE is subject to compliance with the terms of this Agreement.

  • Obligations upon termination: The Recipient must remove all copies of the SOFTWARE and discontinue all use. Copies are permitted solely for use in accordance with this Agreement or for backup purposes.
  • Termination conditions:
    • The Recipient may terminate this Agreement at any time by destroying the SOFTWARE and all its copies.
    • The Licensor may terminate this Agreement in the event of non-compliance with its terms or upon 30 days' written notice.
    • Upon termination, the Recipient agrees to destroy the SOFTWARE and all its copies.
  • The Recipient acknowledges that no intellectual property rights in the SOFTWARE are transferred.
  • Full ownership of the SOFTWARE remains the exclusive property of the Licensor or its suppliers.
  • The Recipient acquires no rights to the SOFTWARE except as expressly set forth in this Agreement.

4. Limitations#

  • The Recipient may modify the SOFTWARE or create derivative works solely for research or academic purposes.
  • Prohibitions: The Recipient may not rent, lease, distribute, transfer, or sublicense the SOFTWARE or any derivative works to third parties without prior negotiation of a separate license agreement with the Licensor.

5. Disclaimer of Warranty#

  • The SOFTWARE is provided "AS IS", without warranty of any kind.
  • To the maximum extent permitted by applicable law, the Licensor disclaims all express or implied warranties, including (without limitation):
  • Warranties of merchantability.
  • Warranties of fitness for a particular purpose.
  • Warranties of non-infringement.
  • This disclaimer of warranty constitutes an essential part of this Agreement.

6. Limitation of Liability#

  • In no event shall the Licensor be liable to the Recipient for any indirect, special, incidental, or consequential damages of any kind arising from the delivery, use, or performance of the SOFTWARE.
  • This limitation applies even if the Licensor has been advised of the possibility of such damages.