The MathWorks, Inc.
Software App License Agreement
For MATLAB Mobile, Copyright 2012, The MathWorks, Inc.
IMPORTANT NOTICE
THIS LICENSE GOVERNS YOUR USE OF THE SOFTWARE LICENSED HEREUNDER AND ITS ASSOCIATED DOCUMENTATION (COLLECTIVELY, THE “APPLICATION”). THIS LICENSE DOES NOT APPLY TO ANY MATHWORKS SOFTWARE PRODUCTS WHICH YOU ACCESS BY MEANS OF THIS APPLICATION. USE OF THOSE MATHWORKS SOFTWARE PRODUCTS IS GOVERNED BY THE TERMS OF A SEPARATE SOFTWARE LICENSE AGREEMENT FOR THE PRODUCTS. IN ORDER TO ACCESS AND USE THE APPLICATION, THE INDIVIDUAL GRANTED LICENSE RIGHTS HEREUNDER (“YOU”) MUST BE ASSOCIATED EITHER TO A VALID MATLAB LICENSE THAT IS CURRENT ON SOFTWARE MAINTENANCE SERVICE OR TO A VALID LICENSE FOR MATLAB & SIMULINK STUDENT VERSION. IF YOU DO NOT MEET THESE QUALIFICATIONS, YOU MAY NOT USE THE APPLICATION.
THE APPLICATION IS THE PROPERTY OF THE MATHWORKS, INC. (“MATHWORKS”) AND YOUR RIGHTS ARE LIMITED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
BY INSTALLING THE APPLICATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO DO SO, SELECT “CANCEL” AND THE INSTALLATION WILL BE ABORTED.
LICENSE GRANT. Subject to any restrictions below, MathWorks hereby grants You a license to install and use the Application on an Apple-branded or Android product that you own or control, but only for the purpose of remotely and legally accessing or using:
the validly licensed instance of any MathWorks software products to which Your MathWorks software license is associated, and
the MathWorks software otherwise made available to the Application by MathWorks.
Except as otherwise set forth herein, your use of the software accessed with the Application is governed by the terms of the Software License Agreement applicable to your valid license of MATLAB. By clicking through these terms, you are reaffirming your agreement to the terms of The MathWorks, Inc. Software License Agreement. You also must have a valid MathWorks account to take advantage of the license rights granted in subsection (b).
This license is personal, nonexclusive, nontransferable, and revocable. Your use of the Application will require a MathWorks account log-in. MathWorks may periodically perform technical verification of Your license to ensure compliance with these terms.
LICENSE RESTRICTIONS. The license in Section 1(a) does not extend to use of the Application to remotely access either any MathWorks software product not current on Software Maintenance Service or an invalidly licensed MATLAB & Simulink Student Version. You shall not modify or adapt the Application for any reason. You shall not allow any third party to use the Application to access MathWorks software products. Except as permitted in Section 1, You shall not remotely access any other hardware or software via the Application. When exercising Your rights under section 1(a), You shall not use the Application except in tandem with the MATLAB Connector software. To download a copy of the MATLAB Connector, go to mathworks.com/mobile. You also shall not disassemble, decompile, or reverse engineer the Application. You shall only reproduce the Application for archival purposes or as may be required in order to allow the Application to execute. You shall not alter or remove any proprietary or other legal notices on or in copies of the Application. You shall not rent, lease, or loan the Application, use the Application for supporting any other party’s use of the Application, time share the Application, or provide service bureau use. You shall not sublicense, sell, or otherwise transfer Your rights in the Application to any third party; and You shall not disclose, publish, reproduce, or transmit the Application. You shall not republish the documentation provided in connection with the Application. All other rights not granted in Section 1, including without limitation rights to reproduce, sublicense, rent, sell, distribute, serve other software by means of, decompile, reverse engineer, and disassemble the Application, are expressly reserved. By downloading this Application, You warrant that You have all necessary permissions to use this Application. You also warrant that your use of the Application is compliant with any network or security restrictions or policies applicable to You.
TECHNICAL SUPPORT. MathWorks reserves the option to discontinue, in whole or in part, and at any time, offering technical support for the Application. Technical support is not provided for users of the MATLAB & Simulink Student Version.
LICENSES FOR THIRD PARTY SOFTWARE AND PRODUCTS. MathWorks has incorporated certain software written by third parties into the Application. This software is licensed under separate license agreements which may require MathWorks to distribute the software to You subject to additional terms and conditions.
Third party licenses binding on You due to Your use of the Application may be viewed at mathworks.com/mobilethirdpartylicense. You may also contact MathWorks to obtain a copy of these licenses. By accepting this Agreement, You confirm Your acceptance of such third party software licenses.
TERM AND TERMINATION. Either party may terminate this Agreement at any time, for any reason. MathWorks may cease to offer MathWorks software as provided in section 1(b) at any time. This Agreement shall also automatically terminate upon Your failure or inability to comply with any license restrictions set forth in Paragraph 2.
EXPORT CONTROL. The Application may be subject to U.S. and non-U.S. export control laws and other applicable governmental export and import laws and regulations. In exercising Your rights under this Agreement, You shall not violate any such laws and regulations. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
U.S. GOVERNMENT: By accepting delivery of the Application, the government agrees that it qualifies as commercial computer software or documentation as defined in the FAR and/or DFARS; that the terms and conditions of this Software Application License Agreement shall govern the government’s use, reproduction, performance, display, and disclosure of the Application, superseding any inconsistent government provisions.
ASSIGNMENT. You may not assign or otherwise transfer this Agreement and its rights and obligations hereunder, in whole or in part, without the written consent of MathWorks. In the case of any permitted assignment or transfer of or under this Agreement, this Agreement or the relevant provisions shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and assigns of the parties hereto.
LIMITATION OF LIABILITY. To the extent permitted by law, any liability of MathWorks and its third party licensors (whether in relation to breach of contract, negligence or otherwise) shall be limited to ten dollars ($10.00); and MathWorks and its third party licensors shall have no liability for any indirect or consequential loss (whether foreseeable or otherwise and including loss of profits, loss of business, loss of opportunity, and loss of use, or unauthorized use or access, of any computer hardware or software).
DISCLAIMER OF WARRANTIES. The Application is delivered “as is” and MathWorks makes and You receive no additional express or implied warranties. MathWorks and its third party software providers hereby expressly disclaim any and all other conditions, warranties, or other terms of any kind or nature concerning the Application (including, without limitation, any with regard to infringement, merchantability, quality, accuracy, or fitness for a particular purpose or Your purpose). MathWorks also expressly disclaims any warranties that may be implied from usage of trade, course of dealing, or course of performance. The Application is provided with all faults, without any obligation of technical support by MathWorks, and the entire risk of satisfactory quality, performance, accuracy, and effort is with You. MathWorks does not warrant that the Application will operate without interruption or be error free. You accept responsibility for Your use of the Application and the results obtained therefrom, and You assume all risks associated with any data transfer and storage that occurs as an incident to Your use of the Application.
GOVERNING LAW; JURISDICTION. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of law provisions. Neither the U.N. Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act, or any version thereof, (“UCITA”) shall apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA.
ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and may not be modified or amended except by written instrument, executed by MathWorks’ and You.
TERMS APPLICABLE TO USERS OF MATLAB MOBILE ON APPLE-BRANDED DEVICES. Both You and MathWorks acknowledge that this Agreement is concluded between You and MathWorks only, and not with Apple, Inc. and its subsidiaries (“Apple”); and MathWorks, not Apple, is solely responsible for the Application and the content thereof. Your license rights may only be exercised on an Apple-branded product that runs the iOS operating system. Your use of the Application must comply with the Usage Rules set forth in Apple’s App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application. To the maximum extent permitted by applicable law, Apple’s only warranty obligation with respect to the Application is the refund of any purchase price that You paid for the App; and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple’s responsibility. The Parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. MathWorks, not Apple, is responsible for addressing any claims relating to the Application or Your possession and/or use of the Application. MathWorks may be contacted at its primary mailing address, 3 Apple Hill Dr., Natick, MA 01760, by telephone at (508) 647-7000, or by e-mail at support@mathworks.com.
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