Frontline Systems Software License
SOFTWARE LICENSE
This SOFTWARE LICENSE (the "License") constitutes a legally
binding agreement between Frontline Systems, Inc. ("Frontline") and the
person or organization ("Licensee") acquiring the right to use certain
computer program products offered by Frontline (the "Software"), in exchange
for Licensee’s payment to Frontline (the "Fees"). Licensee may designate the
individual(s) who will use the Software from time to time, in accordance with
the terms of this License. Unless replaced by a separate written agreement
signed by an officer of Frontline, this License shall govern Licensee's use
of the Software. BY DOWNLOADING, ACCEPTING DELIVERY OF, INSTALLING, OR USING
THE SOFTWARE, LICENSEE AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS
LICENSE.
1. LICENSE GRANT AND TERMS.
Grant of License: Subject to all
the terms and conditions of this License, Frontline grants
to Licensee a non-exclusive, non-transferable except as
provided below, right and license to Use the Software (as
the term "Use" is defined below) for the term as provided
below, with the following restrictions:
Evaluation License: If and when
offered by Frontline, on a one-time basis only, for a
Limited Term determined by Frontline in its sole
discretion, Licensee may Use the Software on one computer
(the "PC"), and Frontline will provide Licensee with a
license code enabling such Use. The Software must be
stored only on the PC. An Evaluation License may not be
transferred to a different PC.
Standalone License: Upon
Frontline’s receipt of payment from Licensee of the
applicable Fee for a single-Use license ("Standalone
License"), Licensee may Use the Software for a Permanent
Term on one computer (the "PC"), and Frontline will
provide Licensee with a license code enabling such Use.
The Software may be stored on one or more computers,
servers or storage devices, but it may be Used only on the
PC. If the PC fails in a manner such that Use is no longer
possible, Frontline will provide Licensee with a new
license code, enabling Use on a repaired or replaced PC,
at no charge. A Standalone License may be transferred to a
different PC while the first PC remains in operation only
if (i) Licensee requests a new license code from
Frontline, (ii) Licensee certifies in writing that the
Software will no longer be Used on the first PC, and (iii)
Licensee pays a license transfer fee, unless such fee is
waived in writing by Frontline in its sole discretion.
Flexible Use License: Upon
Frontline’s receipt of payment from Licensee of the
applicable Fee for a multi-Use license ("Flexible Use
License"), Licensee may Use the Software for a Permanent
Term on a group of several computers as provided in this
section, and Frontline will provide Licensee with a
license code enabling such Use. The Software may be stored
on one or more computers, servers or storage devices
interconnected by any networking technology that supports
the TCP/IP protocol (a "Network"), copied into the memory
of, and Used on, any of the computers on the Network,
provided that only one Use occurs at any given time, for
each Flexible Use License purchased by Licensee. Frontline
will provide to Licensee (under separate license) and
Licensee must install and run License Server software
("LSS") on one of the computers on the Network (the "LS");
other computers will temporarily obtain the right to Use
the Software from the LS. If the LS fails in a manner such
that the LSS cannot be run, Frontline will provide
Licensee with a new license code, enabling Use on a
repaired or replaced LS, at no charge. A Flexible Use
License may be transferred to a different LS while the
first LS remains in operation only if (i) Licensee
requests a new license code from Frontline, (ii) Licensee
certifies in writing that the LSS will no longer be run on
the first LS, and (iii) Licensee pays a license transfer
fee, unless such fee is waived by Frontline in its sole
discretion.
"Use" of the Software means the use of
any of its functions to define, analyze, solve (optimize,
simulate, etc.) and/or obtain results for a single
user-defined model. Use with more than one model at the
same time, whether on one computer or multiple computers,
requires more than one Standalone or Flexible Use License.
Use occurs only during the time that the computer’s
processor is executing the Software; it does not include
time when the Software is loaded into memory without being
executed. The minimum time period for Use on any one
computer shall be ten (10) minutes, but may be longer
depending on the Software function used and the size and
complexity of the model.
Other License Restrictions: The Software includes
license control features that may write encoded
information about the license type and term to the PC or
LS hard disk; Licensee agrees that it will not attempt to
alter or circumvent such license control features. This
License does not grant to Licensee the right to make
copies of the Software or otherwise enable use of the
Software in any manner other than as described above, by
any persons or on any computers except as described above,
or by any entity other than Licensee. Licensee
acknowledges that the Software and its structure,
organization, and source code constitute valuable
Intellectual Property of Frontline and/or its suppliers
and Licensee agrees that it shall not, nor shall it
permit, assist or encourage any third party to: (a) copy,
modify adapt, alter, translate or create derivative works
from the Software; (b) merge the Software into any other
software or use the Software to develop any application or
program having the same primary function as the Software;
(c) sublicense, distribute, sell, use for service bureau
use, lease, rent, loan, or otherwise transfer the
Software; (d) "share" use of the Software with anyone
else; (e) make the Software available over the Internet, a
company or institutional intranet, or any similar
networking technology, except as explicitly provided in
the case of a Flexible Use License; (f) reverse compile,
reverse engineer, decompile, disassemble, or otherwise
attempt to derive the source code for the Software; or (g)
otherwise exercise any rights in or to the Software,
except as permitted in this Section.
U.S. Government: The Software is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the
U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer
Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Contractor/manufacturer is Frontline Systems,
Inc., P.O. Box 4288, Incline Village, NV 89450.
See also Frontline Systems Limited Warranty.
