Software License Agreement
The programs and all resources in our application files and its manual are Copyright by Beyond Computing Co.Ltd. (BEYOND) with all rights reserved worldwide. Information in this document is subject to change without notice and does not represent a commitment on the part of BEYOND.
Both these materials and the right to use them are owned exclusively by BEYOND. Use of these materials is licensed by BEYOND under the terms of a software license agreement.
Molworks is a trademark of Beyond Computing Co.Ltd. (BEYOND).
BEYOND End-User Agreement for Software Products
Important: This BEYOND License Agreement (“Agreement”)is a legal agreement between you, the end user (either individual or entity), and Beyond Computing Co.Ltd.(“BEYOND”) regarding the use of BEYOND software products, which may include computer software, the associated media, any printed materials, and any “online” or electronic documentation. By installing, copying or otherwise using any BEYOND software products, you signify that you have read the BEYOND License Agreement and agree to be bound by its temrs.If you do not agree to the Agreement’s terms , promptly return the package and all its contents to the place of purchase for a full refund.
Beyond Computing Co.Ltd. (BEYOND) – Software License:
1. Grant of License.
BEYOND Software Products are licensed,not sold. BEYOND grants and you hereby accept a nonexclusive license to use one copy of the enclosed Software Product(“Software”)in accordance with the terms of this Agreement. This licensed copy of the Software may only be used on a single computer, except as provided below.You may physically transfer the Software from one computer to another for your own use, provided the Software is in use (or installed) on only one computer at a time.If the Software is premanently installed on your computer (other than a network server, you may also use the Software on a portable or home computer, provided that you use the software on only one computerat a time.
You may not (a) electronically transfer the Software from one computer to another, (b) distribute copies of the Software to others, or (c) modify or translate the Software without the prior written consent of BEYOND, (d) place the software on a server so that it is accessible via a public network such as the Internet, (e) sublicense, rent, lease or lend any portion of the Software or Documentation, or (f) modify or adapt the Software or merge it into another program.
The Software may be placed on a file or disk server connected to a network , provided that a license has been purchased for every computer with access to that server. You may make only those copies of the Software which are necessary to install and use it as permitted by this agreement, or are for purposes of backup and archival records; all copies shall bear BEYOND’s copyright and proprietary notices. You may not make copies of any accompanying written materials.
The Software is and at all times shall remain the sole property of BEYOND. This ownership is protected by the copyright laws of Japan and by international treaty provisions. Upon expiration or termination of this agreement, you shall promptly return all copies of the Software and accompanying written materials to BEYOND. You may not modify, decompile, reverse engineer, or disassemble the Software.
3. Assignment Restrictions.
You may not rent, lease, or otherwise sublet the Software or any part thereof. You may transfer on a permanent basis the rights granted under this license provided you transfer this Agreement and all copies of the Software, including prior versions, and all accompanying materials. The recipient must agree to the terms of this Agreement in full and register this transfer in writing with BEYOND.
4. Use of Included Data.
All title and copyrights in and to the Software product, including but not limited to any images, photographs, animations, video, audio, music, text, “applets,” and date files and databases (the “Included Data”), are owned by BEYOND. You may not copy, distribute or otherwise make publicly available this Included Data. All rights not specifically granted under this Agreement are reserved by BEYOND.
You may terminate the license at any time by destroying all copies of the Software and documentation in your possession. Without prejudice to any other rights, BEYOND may terminate this Agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software Product and all of its component parts.
The Software contains trade secrets and proprietary know-how that belong to BEYOND and are being made available to you in strict confidence.
ANY USE OR DISCLOSURE OF THE SOFTWARE,OR USE OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
BEYOND Limited Warranty:
BEYOND’s sole warranty with respect to the Software is that it shall be free of errors in program logic or documentation, attributable to BEYOND, which prevent the performance of the principal computing functions of the Software. BEYOND warrants this for a period of ninety (90) days from the date of receipt.
In no event shall BEYOND be liable for any indirect, special, or consequential damages, such as, but not limited to,loss of anticipated profits or other economic loss in connection with or arising out of the use of the software by you or the services provided for in this agreement, even if BEYOND has been advised of the possibility of such dameges.
BEYOND’s entire liability and your exclusive remedy shall be, at BEYOND’s discretion, either(A) return of any license fee, or(B) correction or replacement of software that does not meet the terms of this limited warranty and that is returned to BEYOND with a copy of your purchase receipt.
NO OTHER WARRANTIES. BEYOND DISCLAIMS OTHER IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NOTWITHSTANDING THE ABOVE, WHERE APPLICABLE, IF YOU QUALIFY AS A”CONSUMER”UNDER THE MAGNUSONMOSS WARRANTY ACT, THEN YOU MAY BE ENTITLED TO ANY IMPLIED WARRANTIES ALLOWED BY LAW FOR THE PERIOD OF THE EXPRESS WARRNTY AS SET FORTH ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MIGHT NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other party.
This Agreement shall be construed according to the laws of Japan.
Using the software, we regard that you understood above Software License Agreement and accept this agreement.