IMSL Fortran Numerical Library 6.0 End User License Agreement

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Rogue Wave Software, Inc. Software License Agreement

IMSL® Fortran 6.0 Software License for Windows® for the Intel® Visual Fortran Compiler for Windows* (May 2013)

IMPORTANT – READ CAREFULLY: THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND ROGUE WAVE SOFTWARE, INC. IF YOU ARE INSTALLING THE SOFTWARE FOR PERSONAL USE, THIS AGREEMENT APPLIES TO AND BINDS YOU PERSONALLY. IF YOU ARE INSTALLING THE SOFTWARE AS PART OF YOUR WORK FOR AN ORGANIZATION, THIS AGREEMENT APPLIES TO AND BINDS SUCH ORGANIZATION. “LICENSEE” OR "YOU" AND “YOUR” REFER TO THE PERSON OR ENTITY THAT IS LICENSEE OF THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE THAT ACCOMPANIES THIS AGREEMENT, YOU OR SUCH ENTITY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU OR SUCH ORGANIZATION DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE, COPY OR INSTALL THE SOFTWARE, AND SHOULD, WITHIN THIRTY (30) DAYS OF PURCHASE, RETURN IT WHERE YOU OBTAINED THE SOFTWARE, FOR A FULL REFUND.

1. Definitions.

“Application” means a software application created by a Licensed Developer to support the operation of Licensee’s business that makes use of or incorporates the Software in its implementation without exposing any part of the Software application programming interface either directly or indirectly.

“Licensed Computer” means a single computing device owned or leased by Licensee or contractors under Licensee’s control, which is located at a facility owned or leased by Licensee or contractors under Licensee’s control.

“Licensed Developer” means an individual software developer, employed by or under contract to Licensee, whom Licensee has designated as a “Licensed Developer,” and for whom Licensee has paid the applicable development license fees required to authorize such person to use the Software to develop Applications on Licensee’s behalf.

“Software” means Rogue Wave’s proprietary IMSL® Fortran software library for Windows, Version 6.0, in object code form, together with any printed, electronic or online documentation purchased from Rogue Wave or provided by Rogue Wave (the “Documentation”).

“Windows Platform” means all versions of the Microsoft Windows operating system that are currently supported by the Intel® Visual Fortran Compiler for Windows.

2. Evaluation License. If You obtained the Software for evaluation purposes, subject to the terms of this Agreement, Rogue Wave grants You a nonexclusive license to install and use Software on computers owned or operated by You and which are subject to Your control, for purposes of testing and evaluation. Provided You include all Rogue Wave copyright, trademark, and government notices in each copy of the Software, You may make a reasonable number of copies of the Software to accomplish the foregoing. You may not: (i) duplicate, distribute, publish, transfer, sublicense, or make Software available in any form to others; or (ii) assign, sublicense or transfer any License granted herein. You may not export Software to another country. Rogue Wave retains sole and exclusive ownership of all right, title, and interest in and to the Software and associated materials, and all copies thereof including changes made by You. The term of the evaluation license is THIRTY (30) days, unless terminated as provided herein. Rogue Wave may, at its option at any time, in addition to other available remedies, with or without cause, terminate this license. Upon termination or expiration of the evaluation license You are required to return or destroy, as requested by Rogue Wave, all copies of the Software in your possession and all other materials pertaining to the Software, including all copies thereof. You agree to certify your compliance with such requirement upon Rogue Wave's request. Software provided under an evaluation license is provided “AS IS” with NO WARRANTY. Rogue Wave MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY. Rogue Wave SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Rogue Wave BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER UNDER THE EVALUATION LICENSE, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

3. Development License Rights Subject to the terms and conditions of this Agreement, and upon payment of the applicable fees, Rogue Wave grants to Licensee a perpetual, non-transferable, non-exclusive, fee bearing license to permit Licensed Developers to install and use the Software in object code form, on the Windows Platforms, for the sole purpose of creating and testing Applications. Licensee may also make a single backup copy of the Software for archival purposes.

4. Deployment License Rights Subject to the terms and conditions of this Agreement, Rogue Wave grants to Licensee a perpetual, non-transferable, non-exclusive, license to permit Licensed Developers to install Applications on Licensed Computers utilizing the Windows Platform and to permit persons employed by or under contract to Licensee to use such Applications to support the operation of Licensee’s business.

5. Restrictions. All rights not specifically set forth herein are specifically reserved by Rogue Wave. Without limitation, Licensee may not (i) access or call the Software from any language other than Fortran, (ii) distribute or permit the use of the Software or any Applications outside of its organization, (iii) develop, use, distribute or deploy anything that contains or accesses the Software directly or indirectly that can be characterized as an application development tool or utility program, (iv) use, copy, modify, merge, transfer, distribute or redistribute all or any part of the Software or a dynamically linked library for use in conjunction with a compiler, an interpreter language product, or an interface which forms a part of a programming language product, or (v) modify or port the Software to operate on or deploy Applications on platforms other than the Windows Platform.

6. Prices and Payment. Licensee shall pay license fees for the Software in accordance with the terms of Licensee’s fee Agreement with Intel Corporation. Licensee shall pay all taxes arising from or related to its license or use of the Software, excluding taxes based solely on Rogue Wave’s net income, provided that Licensee shall have no such tax obligation upon presentation of satisfactory evidence of its exemption from applicable taxes. Contact Rogue Wave to purchase distribution rights or Deployment Licenses not covered under by Deployment License Rights.

7. Limited Warranty and Limitation of Liability. Rogue Wave warrants that the Software will perform substantially in accordance with the Documentation for a period of thirty (30) days from the date of receipt. If Licensee claims a defect in the Software under this warranty, Licensee should return the Software during the warranty period to the distributor form whom Licensee obtained the Software, or directly to Intel Corporation.

ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE, AT ROGUE WAVE’S OPTION, EITHER (1) RETURN OF THE PRICE PAID, OR (2) REPAIR OR REPLACEMENT OF THE SOFTWARE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, IMPROPER INSTALLATION OR MISUSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROGUE WAVE AND ITS RESELLERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
ROGUE WAVE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), EVEN IF ROGUE WAVE OR ITS RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE BASIS ON WHICH YOUR CLAIM FOR DAMAGES AGAINST ROGUE WAVE, ROGUE WAVE’S ENTIRE LIABILITY TO YOU IS LIMITED TO NO MORE THAN THE AMOUNT YOU PAID FOR THE SOFTWARE. ROGUE WAVE WILL NOT BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIMS OR DAMAGE TO OR LOSS OF YOUR RECORDS OR DATA.

This Agreement gives You specific legal rights. You may have others that vary by jurisdiction. In some jurisdictions exclusion or limitation of consequential or incidental damages, and/or exclusion or limitation of liability for personal injury, and/or limitations on duration of an implied warranty may not apply to You. This Agreement does not affect any statutory rights of consumers that cannot be waived or limited by contract.

8. U.S. Government. The Software and Documentation were developed at private expense and are “Commercial Items” as that term is defined at 48 CFR 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 CFR 12.212 or 48 CFR 227.7202-1 through 227.7202-4, as applicable. The Software and Documentation are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users pursuant to the terms and conditions herein. The Software licensed to civilian agencies is licensed with Restricted Rights pursuant to FAR 52.227-19. The Software is unpublished - all rights reserved under the copyright laws of the United States and international treaties. The manufacturer is Rogue Wave Software, Inc., 5500 Flatiron Parkway, Suite 200, Boulder, Colorado 80301.

9. Infringement Claims. Rogue Wave will defend at its own expense, indemnify and hold You harmless in any action brought against You on a claim that the Software infringes any third party’s patent or copyright, provided that You promptly notify Rogue Wave in writing of such claim, Rogue Wave has sole control over the defense of the claim and/or any settlement negotiations, and You cooperate fully in the defense of the claim. Rogue Wave will pay those costs and damages finally awarded against You in any such claim. At its option, Rogue Wave may, in lieu of any other claims by You for indemnification, obtain the right for You to continue using the Software, or repair it, replace it or terminate this Agreement, including any licenses granted herein. The foregoing states Rogue Wave’s entire obligation to You for indemnification of third party infringement claims.

10. Term and Termination. This Agreement shall take effect as of the date of Your acceptance of this Agreement and shall continue in effect thereafter until terminated by either party. If You fail to comply with any material term or condition herein, Rogue Wave may, at its option, without prejudice to any other rights, terminate this Agreement and/or any license(s) granted herein (including all perpetual Development and Application Deployment licenses) if such default remains uncorrected thirty (30) days after notice is sent to Licensee. Following termination, You must return or destroy, as requested by Rogue Wave, all copies of the Software and Documentation in Your possession (whether modified or unmodified). You agree to certify Your compliance with such requirement upon Rogue Wave's request. Sections 1, 5, 7, 11, 12, and 14, and this survival clause, shall survive termination of this Agreement.

11. Confidentiality. You agree to maintain in confidence the confidential information of Rogue Wave, including any source code to any Rogue Wave software programs to which You have access. You further agree not to disclose such Rogue Wave confidential information to anyone other than Your employees or contractors who have a need to know or obtain access to such information in order to support Your authorized use of the Software who are bound, by a written agreement, to protect such information against any other use or disclosure.

12. Ownership. All rights not specifically granted herein are retained by Rogue Wave. The Software and Documentation is copyrighted by Rogue Wave Software, Inc., or its licensors and is licensed, not sold. Rogue Wave retains sole and exclusive ownership of all right, title, and interest in and to the Software and Documentation, and all copies thereof, subject only to the licenses expressly granted to You herein. This Agreement does not provide You with title or ownership of the Software and Documentation, but only a revocable license of limited use. Except as provided herein You may not rent, lease, loan, duplicate, distribute, publish, transfer, sublicense, or make the Software or Documentation available in any form to others. You may not reverse engineer, decompile, or disassemble the Software. You agree to reproduce any Rogue Wave proprietary and copyright notices concerning the Software on all copies of the Application that include Rogue Wave’s copyrighted works as authorized by this Agreement.

13. Support. Rogue Wave provides no support or maintenance for the Software under this Agreement.

14. Miscellaneous. This Agreement shall be exclusively governed by and construed and enforced in accordance with the laws of the United States of America (for agreements with the U.S. government and claims relating to copyright and federal trademark issues) or by the laws of the State of Colorado, U.S.A. (for contract and other matters), all without regard to conflicts of law provisions. The UN Convention for the International Sale of Commercial Goods is hereby excluded. The headings or titles of each section of this Agreement are for convenience only and shall have no legal effect. Non-enforcement of any provision hereof shall not operate as a waiver. This Agreement is the complete and exclusive statement of the agreement between Rogue Wave and Licensee and supersedes all proposals, prior agreements (oral or written) and all other communications between Rogue Wave and Licensee relating to the Software. Any purported assignment, transfer, sublicense, modification, addition or condition of acceptance (e.g. in a purchase order) of this Agreement by You is void, unless approved in advance by Rogue Wave in writing, except that You may transfer the Software and Documentation in its entirety to a successor in interest of Your entire business who assumes the obligations of this Agreement. Rogue Wave, as owner and licensor of the Software retains a right of direct enforcement of the terms and provisions of this Agreement. Upon Rogue Wave’s request, You shall certify in writing Your usage of the Software. In the event You fail to provide such certification within thirty (30) days of Rogue Wave’s request, or, if Rogue Wave reasonably believes that a certification provided by You is inaccurate, You will permit Rogue Wave, or a mutually-approved independent representative, to enter Your premises, during regular business hours, to verify Your compliance with the terms and conditions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, then that provision notwithstanding, this Agreement shall remain in full force and effect and such provision shall be deemed omitted. You may not export the Software or Documentation to another country without Rogue Wave’s advance written consent. If Rogue Wave consents to Your export of the Software or Documentation, You agree to comply with all applicable export restrictions and laws.

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