Holushko Software

Delsi 2.0

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Discrete-event simulation system Delsi 2.0 Standard Edition

$420 (USD)

You may accept this license by pressing button "Agree" below. You may reject this
license and terminate purchasing process, by pressing button "Disagree" below.
If you do not accept this License, then you may not install or use the Product.

HOLUSHKO SOFTWARE LICENSE TERMS

DISCRETE-EVENT SIMULATION SYSTEM DELSI 2.0 STANDARD EDITION

NOTICE: THIS SOFTWARE PRODUCT (TOGETHER WITH ITS 
ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE 
PROPERTY OF HOLUSHKO SOFTWARE ("OWNER"). THE PRODUCT 
IS A SUBJECT TO THE FOLLOWING LICENSE AGREEMENT 
("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY 
BEFORE INSTALLING OR USING THE PRODUCT.  
A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR 
FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED 
WITH THE PRODUCT.

IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY
NOT INSTALL OR USE THE PRODUCT.

Owner is only willing to grant you this License if
you obtained the Product from Owner or a Owner's
authorized reseller. If you obtained the Product from
any other source you may not install or use the
Product.

1. OWNERSHIP

The Product is proprietary to Owner. The Product is licensed, 
not sold, to you notwithstanding any reference herein 
to "purchases."

You acknowledge and agree that:

(a) the Product is protected under Canada copyright 
    and other laws; 
(b) Owner and its licensors retain all copyrights and
    other intellectual property rights in the Product;
(c) there are no implied licenses under this
    License, and any rights not expressly granted to you
    hereunder are reserved by Owner; 
(d) you acquire no ownership or other interest 
    (other than your license rights) in or to the Product; 
    and 
(e) Owner owns all copies of the Product, however
    made.  You agree that you will not, at any time,
    contest anywhere in the world Owner's ownership of
    the Product, nor will you challenge the validity of
    Owner's rights in the Product.  You have no rights
    hereunder to use any trademark or service mark
    belonging to Owner.

2. GRANT OF LICENSE

2.1. Owner hereby grants to you a perpetual, non-exclusive, 
     limited license to use the Product.

2.2. You may install and use one copy of the Product 
     on a single computer, workstation, terminal, or other 
     digital electronic device ("Computer").

2.3. You may make one copy of the Product for backup or 
     archival purposes.

2.4. You may not

* work around any technical limitations in the Product;
  * modify, reverse engineer, decompile or disassemble the Product; 
  * rent, lease or lend the Product;
  * distribute or transfer registration code for the Product;
  * embed Product assemblies into any other executable or
    non-executable assembly;   
  * use the Products activated with the same registration code 
    on more than one Computer at a time;
  * transfer the Product or this agreement to any third party; or
  * use the Product for commercial software hosting services

3. TRIAL VERSION.

3.1. You have been given an option when first obtaining a copy 
     of this Product to try a trial version of this Product.  
     The trial version gives you the opportunity to use the Product 
     on your system and evaluate its usefulness and functionality 
     before making a payment. This “try before you buy” option is 
     the ultimate opportunity for you to determine whether the 
     Product will perform to your satisfaction.

3.2. THE TRIAL VERSION OF THIS PRODUCT MAY HAVE SOME 
     CAPACITY LIMITATIONS.

3.3. The trial version of this Product can be used with no 
     time limit solely for evaluation and edication purposes.

4. DISCLAIMER

THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY 
   OF ANY KIND. OWNER HEREBY EXCLUDES AND DISCLAIMS ALL 
   IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES 
   OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
   QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS
   OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE
   PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT
   INTERRUPTION.  YOU ASSUME THE ENTIRE RISK FOR THE
   RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT
   THAT OWNER MAY NOT DISCLAIM ANY WARRANTY AS A
   MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF
   SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER
   SUCH LAW.

5. LIMITATION OF LIABILITY.

IN NO EVENT WILL OWNER BE LIABLE TO ANY PARTY FOR 
    ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, 
    SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF 
    PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, 
    ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, 
    WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF OWNER
    KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES.  OWNER'S TOTAL
    CUMULATIVE LIABILITY ARISING FROM OR RELATED TO
    THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT,
    IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES
    ACTUALLY PAID BY YOU UNDER THIS LICENSE.  THIS
    SECTION 4 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY
    HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.

6. TERM AND TERMINATION.

6.1 Term.  The term of this License will begin as of
   the date that you receive the Product and will
   remain in effect perpetually unless terminated under
   this Section 5.

6.2 Without prejudice to any other rights, Owner may 
    terminate this License Agreement if you fail to 
    comply with the terms and conditions of this 
    License Agreement. In such event, you must destroy 
    all copies of the PRODUCT.

7. GENERAL PROVISIONS.

7.1 Hazardous Uses.  The Product is not intended for
   use, and you may not use or allow others to use the
   Product, in connection with any application
   requiring fail-safe performance such as the
   operation of nuclear power facilities, air traffic
   control or navigation systems, weapons control
   systems, life support systems, or any other system
   whose failure could lead to injury, death,
   environmental damage or mass destruction.  You agree
   that Owner will have no liability of any nature,
   and you are solely responsible, for any expense,
   loss, injury or damage incurred as a result of such
   use of the Product.

7.2 Governing Law.  
  
   This License will be governed by and construed in 
   accordance with the laws of Canada and the Province 
   of Ontario, without giving effect to any conflicts or 
   choice of laws principles that would require the 
   application of the laws of a different jurisdiction.

7.3 Entire License; Severability.  This License
   constitutes the entire, final and exclusive
   agreement between you and Owner regarding the
   specific license transaction described herein.  If
   any provision of this License is held to be illegal,
   invalid or unenforceable for any reason, then such
   provision will be enforced to the maximum extent
   permissible and the remainder of the provisions of
   this License will remain in full force and effect.

7.4 Modifications

If you would like to alter the type or usage parameters
   of any license you have acquired from Owner, you must
   first contact Owner to obtain written approval and
   pricing for any such modifications to your license.

HOLUSHKO SOFTWARE is registered by the Government of Ontario, Canada
Business Name Registration Number: 180240087