Guided Wave Technology’s software End User License Agreement for the
Filter and Coupling Matrix Synthesis tool (CMS)
This
End User License Agreement (“License”) is an agreement between You and
Guided Wave Technology ApS ("GWT").
This License governs your use of this software and all documentation and
updates.
By installing or using CMS, you consent to be bound by this License.
If you do not agree to all of the terms of this License, then do not install or
use CMS.
IF
YOU INSTALL CMS, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY
YOU.
If you do not agree to any portion of this License, do not install or use CMS.
1.
License Grant and Terms of Use.
A.
Grant. GWT grants you a personal license to install and use CMS on two
(2) computers provided that only one CMS installation is used at a time - and by
You as the sole user. The term of your license shall commence on the date that
You start to download, install or otherwise use CMS, and shall end on the
earlier of the date that You dispose of CMS.
The license is perpetual meaning that after purchase You can use CMS in
accordance with this Agreement at no further costs for as long as the
installation is able to run.
B.
Copies. You may not install or make CMS available on a network where it
could be used by multiple users.
C.
License Validation. CMS is node locked to a single computer by IDs
obtained from the hardware on the computer where CMS is installed (example: MAC
addresses). This lock is practically implemented by placing a unique license
file in the CMS installation directory.
You acknowledge and agree that CMS may use information regarding your computer
and hardware for creating this license file.
You acknowledge and agree that CMS can automatically validate license rights
without separate notice to you.
The license file is created by GWT and is forwarded to you by E-mail after CMS
has been installed. Creation of the license file requires that you forward - by
E-mail - a specific file to GWT. This file is created when CMS is run the first
time after installation and contains the above mentioned hardware IDs.
You may not decompile, disassemble, or reverse engineer CMS by any means
whatsoever
GWT
will provide updates on an as needed basis and is therefore not bound to
provide updates on a regular basis.
GWT provides free support for 1 year after the purchasing date of CMS.
By “support” is here meant:
(i)
Access to latest CMS version.
(ii)
Access to new license files and/or installer files
when needed.
(iii)
Instructions
on matters relating to installation and operation of the software.
Enrolment in this scheme gives You continued access to the above mentioned
support.
Enrolment in this scheme is not mandatory, but is offered when the 1 year free
support period comes to an end.
Later enrolment to the maintenance scheme will be possible by paying the total
accumulated maintenance fee counted from the day the included 1 year free
support period ended.
The maintenance fee associated with this scheme is charged on a yearly basis in
December for the coming year. The fee is independent of the number of licenses
You may have.
Examples
of changes that may require new license files are hardware configuration changes
to the computer where CMS is installed and reinstallation of the operating
system. Other reasons that necessitate the need for new license files may exist.
The terms and conditions of this Agreement shall apply to any upgrades, updates,
bug fixes or modified versions or additional copies of the Software.
Notwithstanding any other provision of this Agreement, You have no license or
right to use any such Updates or additional copies unless You, at the time of
acquiring them, already hold a valid license to the Software associated with
such Updates and have paid any required Fees for such Software
CMS
only runs on Windows operating systems (Win 7 and newer) and must have Java (JRE
1.8 or newer) installed in the 32 bit version.
This License is effective until terminated. Your rights under this License
will terminate immediately and automatically without any notice from GWT
6. LIMITATION
OF LIABILITY. GWT SHALL NOT BE LIABLE TO
YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU ANY LOSS OF PROFITS,
INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE,
DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR
OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL GWT’S AGGREGATE LIABILITY TO
YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE
FINANCIAL AMOUNT ACTUALLY PAID BY YOU TO GWT FOR THE SOFTWARE.
The laws of
This License constitutes the entire agreement between GWT and You and supersedes
all prior understandings of GWT and You, including any prior representation,
statement, condition, or warranty with respect to the subject matter of this
License.
For
additional information regarding this License, please contact:
Attn:
Morten Hagensen
Gadeledsvej 30, DK-3400
E-mail: