Wolfram SYSTEMMODELER™ License Agreement ACCEPTANCE
This = a binding Agreement: read all terms; retain a copy.  terms ➕ conditions of this License Agreement = subject to change without notice from ⏳ to ⏳ in our sole discretion. 👥👈 will notify 👉👤 of amendments to these terms ➕ conditions by 🏤 them at http://www.wolfram.com/legal/agreements/wolfram-system-modeler.html. Carefully read following terms ➕ conditions ↩️ 🚪, installing, or using Software. By clicking “I agree”, opening media container, downloading Product, or installing/using Product, 👉👤 = consenting to be bound by this SYSTEMMODELER License Agreement (“Agreement”). If 👉👤 = 🚫 willing to accept terms ➕ conditions of this Agreement, 👉👤 may 🚫 🚪, copy, install, or use Product, ➕ should uninstall/remove/destroy any additional or already installed copies of Product. Any Mathematica® use within SYSTEMMODELER will be subject to licensing terms of Mathematica License Agreement at http://www.wolfram.com/legal/agreements/wolfram-mathematica.html. DEFINITIONS
WRI: Wolfram Research, Inc., 100 Trade Center Drive, Champaign, IL 61820-7237, USA. 👉👤/Licensee: 💃 or organization obtaining Product. If 👉👤/Licensee agree to these terms 🔛 behalf of an organization, 👉👤 represent to WRI that 👉👤 = authorized to accept these terms 🔛 organization’s behalf. Software: SYSTEMMODELER 👪 of 💻 programs provided by WRI under this Agreement. Product: All materials, including Software, provided by WRI under this Agreement (whether by download or physical storage media), ➕ data 🚪 🔛 WRI’s servers. Intellectual Property Rights: Any ➕ all rights existing from ⏳ to ⏳ under patent law, copyright law, trade secret law, trademark law, unfair 🐔 law, ➕ any ➕ all other proprietary rights, ➕ any ➕ all applications, renewals, extensions, ➕ restorations thereof. License Certificate: User-specific document specifying Your License Class, Use Class, ➕ number of Processes, ➕ which may include additional use specifications or restrictions. License Class: Indicates whether Software = licensed for Single-Machine or Network use. Your License Class = indicated 🔛 Your License Certificate. Use Class: Indicates whether there = restrictions 🔛 how Product may be used. Your Use Class = indicated 🔛 Your License Certificate. Simulation Executable: An executable produced by SYSTEMMODELER. 🎮 Process: A SYSTEMMODELER kernel or front 🔚, such as Model Center, Simulation Center, or Wolfram SYSTEMMODELER 🔗 (WSMLINK ) in Mathematica that handles input, output, ➕ 📅 for 💻 Processes. 💻 Process: A SYSTEMMODELER kernel or front 🔚 that does 💻, only accepting input from ➕ 👄 output to a 🎮 Process. Remote 🚪 to License: 🚪 Software of another 💻 that = located at physical site of product registration. Single-Machine: A Product or a 🎮 or 💻 Process that can only be reinstalled 🔛 another 💻 by applying a System Transfer. Network: A 🎮 or 💻 Process (or Product containing 1️⃣ or more such Processes) that may move to different 💻 within licensed network(s) without need to apply a System Transfer. Network License 🎮 (i.e. MATHLM™): A Single-Machine process that 🎮 policies of usage of Network processes (including maximum number of concurrent processes). Registered Network User: A user registered in conjunction with a Network License. location from which user regularly 🚪 ➕ uses Software must be same as physical site at which License = registered. System Transfer: Converting a Product to a different configuration (e.g. Single-Machine to Network), platform (e.g. Windows to Linux), or Product. OWNERSHIP
WRI = sole owner of Product with exception of portions licensed by WRI from third-🎉 owners. WRI = holder of Intellectual Property Rights in Product, including, without limitation, such aspects of Software as its code, ⛲, sequence, organization, “🔍 ➕ feel”, programming 👅, ➕ compilations of command 📛, descriptors, ➕ data. Use of Product, unless pursuant to terms of a license granted by WRI or as otherwise authorized by law, = an infringement of Intellectual Property Rights. When 📰 academic or research 📰 for which SYSTEMMODELER was used, Product should be appropriately cited as a reference ➕/or described in a methods section. Notwithstanding obligation to provide acknowledgment stated ⤴️, ❎ other right to use 📛, marks, or other distinctions of Product or WRI = granted. PERMITTED USES ➕ INSTALLATIONS
Subject to terms of this Agreement ➕ Your acceptance thereof, WRI grants 👉👤 a non-exclusive license to use Product solely in accordance with License Class, Processes, ➕ Use Class indicated 🔛 Your License Certificate. This Agreement terminates in event that 👉👤 📞 a license to use an upgraded version of Product in place of this Product, which upgrade, as well as any other improvement or enhancement, WRI = under ❎ obligation to provide. Should 👉👤 📞 an upgraded version of Product ➕ desire to continue concurrent use of older version, this License Agreement ➕ License Certificate shall merge with upgraded License Agreement ➕ License Certificate such that Your continued use will be allowed under terms, conditions, ➕ restrictions therein. Your license to use Product terminates 🔛 license expiration 📅, if 1️⃣ = indicated, or upon notice of a material breach that = 🚫 cured within 30 🌞 of receipt of notice. Provisions of this Agreement that by their 🌿 ❇ ongoing rights or obligations shall survive expiration or termination of this Agreement. 👉👤 = also authorized to: a. for a Single-Machine License Class, install ➕ use Software only from a single storage device (e.g. a 🌰-💾 drive); b. for a Network License Class, install ➕ use Software from storage devices that = located at physical site of Product Registration ➕ = 🚪 by Network License 🎮; c. maintain 1️⃣ archival copy of Software 🔛 storage media (such as a 📀 or USB drive); d. undertake a System Transfer only if Your SYSTEMMODELER service level permits transfer; 👉👤 contact WRI 🛃 Service ➕, at its direction, complete ➕ submit a System Transfer Form; ➕ 👉👤 pay any license cost difference or applicable transfer fee; e. transfer Product subject to this Agreement to a different Licensee only if (1) transferee’s use of Software 🍂 into same SYSTEMMODELER service level; (2) 👉👤 contact WRI 🛃 Service to 🚡 relevant ℹ️ ➕ certify that 👉👤 have destroyed or given to transferee all copies of Software ➕ other elements of Product in Your possession; (3) 👉👤 pay any license cost difference or applicable transfer fee; ➕ (4) transferee accepts all terms ➕ conditions of this Agreement; ➕ f. use Remote 🚪 to a License, if 👉👤 = a Primary User of a Single-Machine License or a Registered User 🔛 a Network License that would be eligible to use License directly. 🚫 USES
All uses of Software ➕ other elements of Product 🚫 specifically stated in Permitted Uses ➕ Installations section of this Agreement = 🚫, including, without limitation: a. 🏃 more 🎮 Processes or 💻 Processes concurrently than maximum specified 🔛 Your License Certificate, or allowing 🚪 to a single 🎮 Process by multiple 💻 or terminals; b. decompiling, disassembling, or reverse 🚂 Software; c. modifying Software in any manner, except those portions written in Modelica 👅 ➕ included as examples; d. distributing, 📰, transferring, sublicensing, lending, leasing, renting, or otherwise making available Product or any portion of Software, including collections of data; e. copying or allowing copying of Product or any elements of Product, except as permitted for maintenance of an archival copy of Software as allowed by Permitted Uses ➕ Installations section of this Agreement; f. allowing 🚪 to Product by any user other than Licensee, including, without limitation, 🚪 to Product via a web server; g. removing any copyright, trademark, or other proprietary notices from Product; h. installing separate components of each 🎮 Process or 💻 Process 🔛 separate 💻; i. using Software for any illegal purpose or to create malicious programs, including but 🚫 limited to creating 💻 viruses ➕ malware or denying 💻 bandwidth to WRI ➕ its affiliates ➕ users; ➕ j. using a password, activation 🔑, or other means of 🚪 Software other than as specifically authorized by WRI. 👉👤 = also 🚫 from redistribution of Wolfram libraries ➕ code. However, redistribution of a Simulation Executable (including Wolfram Runtime Library content) = permitted to extent it = allowed under licenses associated with any third 🎉 libraries used in creation thereof. MODEL LIBRARIES
Certain functionality within SYSTEMMODELER will 🚪 various libraries, including but 🚫 limited to Modelica Standard Library ➕ BIOCHEM Library. use of these libraries will be subject to licensing terms therein or attached thereto. WRI does 🚫 make any representations or warranties with respect to content of those libraries, ➕ by 🚪 them 👉👤 = agreeing to their terms ➕ accept all responsibility for use thereof. LIMITED WARRANTY ➕ DISCLAIMER
WRI warrants that Product shall be free from defects in physical media for a period of 90 🌞 following 📅 of purchase when used under normal conditions. 👉👤 acknowledge that WRI shall provide, as Your sole remedy for breach of this warranty, another copy of physical media. foregoing warranty = in lieu of all other warranties, ❇ or implied. WRI does 🚫 warrant that Product = free from all errors ➕/or omissions, ➕ in fact it may contain them. Except as specifically set forth ⤴️, Product = provided “as =”. WRI makes ❎ representations or warranties, ❇, statutory, or implied, with respect to Product or Software contained in Product or data 🚪 thereby, including, without limitation, any implied warranties of merchantability, interoperability, or fitness for a particular purpose, all of which = expressly disclaimed. WRI does 🚫 warrant that functions contained in Product will meet Your requirements or that operation of Product will be uninterrupted or error free. WRI, ➕ its agents, representatives, ➕ independent contractors, shall 🚫 be obligated to provide or liable, under any circumstances, for providing ℹ️ 🔛 or corrections to errors ➕/or omissions 🔔 at any ⏳ in Product, whether or 🚫 👉👥 were aware of errors ➕/or omissions. WRI does 🚫 recommend use of Product for applications in which errors ➕/or omissions could threaten 💓, injury, or significant loss. Some states do 🚫 allow exclusion of implied warranties, so this may 🚫 apply to 👉👤. This warranty gives 👉👤 specific legal rights, ➕ 👉👤 may also have other rights that vary from state to state. This Agreement = governed by laws of State of Illinois in United States of 🌎 without effect to any choice of law provisions. LIMITED DAMAGES
In ❎ event shall WRI or its agents, representatives, ➕ independent contractors be liable for any lost profits, lost use, lost benefits, or any consequential, indirect, incidental, special, or punitive damages, whether in ✒️📃, tort, or otherwise, even if WRI has been advised of possibility of such damages. WRI’s cumulative liability to 👉👤 or any other 🎉 for any loss or damages resulting from any claims, demands, actions, or otherwise arising out of or 👪 to this Agreement shall 🚫 exceed license fee paid for Product. Some states do 🚫 allow certain limitations of damages, so ⤴️ limitations may 🚫 apply to 👉👤. UNITED STATES FEDERAL GOVERNMENT RESTRICTED RIGHTS
If this Software = acquired by or 🔛 behalf of 🇺🇸 federal government, this provision applies. Use, duplication, or disclosure of this Software = subject to restrictions set forth in FAR 52.227-19 ➕ DFAR 227.7200–227.7202-4, as applicable. Software = “commercial 💻 software” ➕ = licensed with only “Restricted Rights”. 🔄🔤
Where WRI has provided 👉👤 with a 🔄🔤 of English 👅 version of terms, then 👉👤 agree that 🔄🔤 = provided for Your convenience only ➕ that English 👅 versions of terms will govern Your relationship with WRI. If there = any contradiction or discrepancy between what English 👅 version of terms 👄 ➕ what a 🔄🔤 👄, then English 👅 version shall take precedence. Mathematica = a registered trademark ➕ SYSTEMMODELER ➕ MATHLM = trademarks of Wolfram Research, Inc. ⚠️ 🔬 regarding Your use of SYSTEMMODELER in accordance with terms of this Agreement = listed 🔛 Your License Certificate.