Standard User Licensing
SOLIDCast, OPTICast, and FLOWCast are licensed under the terms given below. You will be bound by the terms of the licenses for the modules which you have purchased. You must agree to these terms to proceed.
SOLIDCast License Agreement
SOLIDCast™ FLOWCast™ OPTICast™
From Finite Solutions, Inc.
SOFTWARE LICENSE AGREEMENT
INCLUDING SUPPORT AND UPDATES
This is a legal agreement between you, the user, and Finite Solutions, Inc(FSI). By installing and using this software, you agree to be bound by the terms of this agreement. If you do not agree to these terms, do not proceed with installation or use of this software.
You may install this software and use it on multiple computers only at the original site where this software was purchased. You may not loan, rent, lease or transfer this software to another owner. You may not install or use this software at another site under the same ownership, nor transfer this software to such a site, without obtaining a separate site license. A site is considered to be a single plant or business unit at a specific geographic location. You are entitled to receive updates and technical support for the software only under the terms of this software license agreement, which includes continuing support and updates.
This software is protected by United States copyright laws and international treaties. In exchange for the contract payment, FSI will provide the user with Response Codes to activate the current version of the software for use on the user’s computers, for the length of the agreement, which will normally be one year. This year will begin on the anniversary date of the original purchase of the software, unless specifically otherwise agreed to in writing by FSI. In addition, FSI will provide technical support to the user during the contract period, at no additional charge above and beyond the contract fee. The user acknowledges that support will be provided on a “best efforts” basis only, and that FSI does not warrant that it will be able to solve every technical support request. Additionally, FSI may provide, without limitation and at its sole option, feature enhancements, new functionality, and fixes for known problems in the software. The fee for the first year of the contract is included in the software purchase price.
In order to receive updated software, the user’s Continuing Support/Update Agreement must be current, that is, the current year’s fee and any past due fees must be paid up at the time the update is issued, in order for the user to be eligible to download and use that update.
OPTICast is an optional sub-module of the SOLIDCast simulation software, and cannot operate independently of SOLIDCast. Because of this integration, it is not possible to upgrade SOLIDCast without updating OPTICast at the same time. If the user chooses to let the OPTICast Continuing Support/Update Agreement lapse but stay current with the SOLIDCast agreement, then they will not be able to use the OPTICast module. Optional module versions cannot be “mixed and matched.”
FLOWCast is an optional sub-module of the SOLIDCast simulation software, and cannot operate independently of SOLIDCast. Because of this integration, it is not possible to upgrade SOLIDCast without updating FLOWCast at the same time. If the user chooses to let the FLOWCast Continuing Support/Update Agreement lapse but stay current with the SOLIDCast agreement, then they will not be able to use the FLOWCast module. Optional module versions cannot be “mixed and matched.”
If the Continuing Support/Update Agreement lapses, due to non-payment of fees, the user is entitled to use only the version of the software that was current on the date that the agreement lapsed. FSI will issue Response Codes to keep that version of the software active for 90 days at a time. FSI will not be obligated to provide technical support for the software, including, but not limited to, any situation where the software may not operate properly due to any change in operating system software, hardware or any other cause, or any situation where the technology of the licensing system used in the software has changed to the extent that furnishing of codes for older versions of the software is no longer technically feasible. At that point, the user’s sole remedy will be to upgrade to the current version of the software, by paying all past due contract fees. Upon receipt of payment, FSI will deliver a current copy of the software, and the Agreement will be extended until the next anniversary date of original system purchase.
FSI warrants that software copies, whether downloaded or furnished on other media, are free from defects in materials and workmanship under normal use for (90) days from the date you receive them. This warranty is not transferable. Any implied warranties are limited to 90 days.
The entire liability of FSI and its suppliers, and your exclusive remedy, shall be (a) return of the price paid for the software or (b) replacement of any disk, media or downloaded file that does not meet with this warranty. Finite Solutions, Inc. does not warrant that the functions of the software will meet your requirements or that the operation of the software will be uninterrupted or error free. You assume the responsibility for selecting the software to achieve your intended results, and for the use and results obtained from the software.
FSI disclaims all other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, for the software and all accompanying materials. In no event shall FSI or its suppliers be liable for any damages whatsoever (including, without limitations, damages for loss of business profits, business interruption, loss of business information, loss due to liability, or other pecuniary loss) arising out of use or inability to use the software. This license will be in effect until terminated. It will terminate if you fail to comply with any term thereof. Upon termination, you agree that the software and accompanying materials, and all copies thereof, will be destroyed.
This Agreement shall be interpreted, construed and governed according to the laws of the State of Ohio without regard to the conflict of law provisions thereof.