End User License Agreement ("EULA")
You or your employer has concluded with QuantAlea GmbH, Wasserfuristrasse 42, 8542 Wiesendangen, Switzerland, a License Agreement (“License Agreement”) for the use of the Software Alea.cuBase (“Alea.cuBase”). The terms of the License Agreement shall prevail over any terms of this EULA. However, this EULA includes an extract of the License Agreement and you are required to agree to this EULA to install and use Alea.cuBase.

Nothing in this EULA shall grant you other or additional rights which are not explicitly granted in the License Agreement. If you do not agree with the license terms of this EULA you are not allowed to install or use Alea.cuBase.

1 Definitions
Alea.cuBase means the software program developed by QuantAlea as further described in the User Manuel including the Run Time Version Alea.cuBase and the Development Version Alea.cuBase. Alea.cuBase includes the User Manual and associated media, printed materials, and "online" or electronic documentation or Updates.

Instance is an executable version of the Software Product installed on one operating system.

Named User means the natural person named in the Annex of the License Agreement or the user account and entitled to use the Software Product pursuant to Section 2.1 and 2.2.

Software Product means Alea.cuBase and derivative works. The Software Product also includes any updates.

Worker means the thread between the CPU and the CUDA context as defined in the NVIDA CUDA-Manual, through which Alea.cuBase communicates with the physical GPU.

2 Grant of License
2.1 General
Depending on the license purchased by you or your employer your usage rights are limited to the use of a certain number of instances, Named User and Workers. Please check your License Agreement for the exact extent or your usage rights.

Under all licenses the use is limited to your or your employer’s own internal purposes.

If you use Alea.cuBase under an evaluation license you may not use Alea.cuBase for any commercial use. In this case, furthermore, any productive use is prohibited.

2.2 Restrictions
You may not modify in any manner Alea.cuBase. You shall not, nor allow others to copy, in whole or in part, emulate, sub-licence, lease or rent, sell, transfer, exploit, alter, modify or adapt Alea.cuBase or any derivative work produced using Alea.cuBase nor decompile, dissemble or reverse engineer the same nor attempt to do such thing, unless such activities are explicitly permitted according to the License Agreement or according to the compelling terms of the applicable law.

2.3 Reservation of Intellectual Property Rights
By using Alea.cuBase you produce a derivative work; you only own the copyright in the expressions added by you to the derivative work, whereas the copyright and any other intellectual property rights vested in Alea.cuBase remain with QuantAlea. All title and copyrights in and to Alea.cuBase and any derivative work thereof, the accompanying printed materials, and any copies are owned by QuantAlea, with the exceptions of the expressions added by you to the derivative works.

3 Confidentiality
Alea.cuBase constitutes trade secrets of QuantAlea. You may not make available Alea.cuBase or parts thereof to any third parties without the prior written consent of QuantAlea.

4 No Warranty and Limitation of Liability
4.1 No Warranties
QuantAlea expressly disclaims any warranty for the Software Product. QuantAlea does not warrant that the Software Product is free from bugs, errors or other program limitations. Alea.cuBase is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement or the warranty of title. The entire risk arising out of use or performance of the Software Product remains with you and you are first evaluating and then purchasing Alea.cuBase with full assumption of the risks associated with this disclaimer, and the license fee reflects this assumption of risk.

4.2 No liability for damages
To the maximum extent permitted by the applicable law, in no event QuantAlea is liable for any damages, including any general, special, incidental or consequential damages (including but not limited to loss of data, data being rendered inaccurate, losses sustained by you or third parties, a failure of the Software Product to operate with any other programs, lost revenue, profit or claims of third parties), howsoever caused and regardless of the theory of liability, arising out of the use or the inability of the Software Product, even if QuantAlea has been advised of the possibility of such damages.

5 Applicable law and place of jurisdiction
This EULA shall be governed exclusively by Swiss law (excluding the United Nations Convention on Contracts for the International Sale of Goods).

The place of jurisdiction shall be exclusively Zurich, Switzerland.