Metascape Software License

IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.

Upon Your acceptance of this License Agreement (the "Agreement"), Metascape, LLC grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:

PARTIES

"Metascape" means Metascape, LLC.

"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

DEFINITIONS

"Software" means the binary code of Metascape Investigator with its Documentation. It does not include software components that are included as part of this distribution (i.e. the Eclipse Agent Modeling Platform). Those are covered by the EPL license below, and you are free to continue to use those features by downloading the latest version of the AMP tools from http://eclipse.org/amp.

GRANT OF LICENSE

The Software is the property of Metascape. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Metascape.

The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Metascape and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.

Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.

(a) PER-SEAT LICENSE

You may:

(i) install and run the number of copies of the Software for which the corresponding fee has been paid; each installed copy must be activated with a unique license key; (ii) make one copy of the Software for archival purposes;

You may not:

(iii) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Metascape; (iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; (v) install and run the Software from a network server, or use the Software on different computers with same license key.

For exceptions or modifications to this Agreement, please contact Metascape.

(b) PERSONAL LICENSE

Personal license is granted to individuals only. Thus personal license can not be granted to legal entities.

You may: (i) install any number of copies of the Software; (ii) use with one license key only one installed copy at a time; (iii) make one copy of the Software for archival purposes;

You may not:

(iv) allow other persons use the copies of the Software activated with your license key; (v) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Metascape; (vi) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software. For exceptions or modifications to this Agreement, please contact Metascape.

(c) ACADEMIC LICENSE

You may:

(i) install and run the number of copies of the Software for which the corresponding fee has been paid; each installed copy must be activated with a unique license key; (ii) use the Software for non-commercial purposes only including conducting academic research or providing educational services. You certify that use is directly related to teaching or that use is strictly for non-commercial research by students and faculty members where the results of such research are not intended primarily for the benefit of a third party; (iv) make one copy of the Software for archival purposes;

You may not:

(v) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Metascape; (vi) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; (vii) install and run the Software from a network server, or use the Software on different computers with same license key.

For exceptions or modifications to this Agreement, please contact Metascape.

EARLY ACCESS USER LICENSE

If you are a member of the Early Access program, any terms in this section overide any conflicting terms in this document. Your relationship with Metascape is not a customer relationship. Metascape provides absolutely NO WARRANTY for its use and assumes NO LIABILITY for any damages arising from its use even in the event that such damages are a direct result of Metascape's negligence. Program participation does not give you rights to any future software and we make no promises about future availability of any software. Your rights to use the software expire as defined when you download a given version, but in any case not exceeding ninety (90) days for any release. You are the sole authorized user for the software and may install it on one desktop machine and one laptop. You have a nonexclusive, nontransferable license to load and execute the unregistered copy of Software for a period determined for each release but for no more that ninety (90) days. (the "Evaluation Period") You must discontinue use of the software and remove it from your computer(s) when the Program ends or your participation in the Program is ended.

The early access Software may contain a feature that will automatically disable the Software automatically when the evaluation period is over. Metascape will have no liability to you if the Software is disabled by this feature. You may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate your license and rights under this Agreement.

Customer must pay a license fee for the Software to obtain the right to use the Software for general commercial use and(or) for unlimited period.

LIMITED WARRANTY

THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND Metascape MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Metascape DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION

DISCLAIMER OF DAMAGES

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL Metascape BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF Metascape HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, Metascape' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERMINATION

Metascape may terminate the right to use the Software upon notice to you (which may be delivered electronically by the same means as this Software is distributed), and you may terminate this Agreement at any time by destroying or erasing your copy of the Software. This Agreement automatically terminates if you fail to comply with its terms and conditions. Upon the termination of this Agreement, you must discontinue all use of the Software and remove the Software from your system. Metascape reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

MARKETING

You may opt-out of the following provision by sending an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or otherwise notifying Metascape of your intention to opt out. While Metascape will make every reasonable effort to comply, Metascape DISCLAIMS ALL LIABLITY OR DAMAGES for any unintentional failure to comply with such a request. You agree to be identified as a customer of Metascape and You agree that Metascape may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in Metascape' marketing materials and web site. You hereby grant Metascape a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to Metascape pursuant to this marketing section.

GENERAL

This Agreement will be governed by the laws of the United States, without reference to conflict of laws principles. The rights are granted worldwide. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and accompanying documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. If you have any questions, please contact Metascape by email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . This Agreement may only be modified by written document which has been signed by both you and Metascape.