"InductEx v4.30 Free" Licence

“INDUCTEX v4.30 FREE” LICENCE TERMS

 

  1. THIS LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT BETWEEN THE ENTITY OR PERSON USING THE INDUCTEX SOFTWARE (“YOU”) AND STELLENBOSCH UNIVERSITY (“SU”) WHICH SHALL GOVERN YOUR USE OF THE INDUCTEX SOFTWARE MADE AVAILABLE TO YOU VIA THIS WEBSITE. SU IS ONLY WILLING TO LICENSE THE INDUCTEX SOFTWARE TO YOU IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY DOWNLOADING OR OTHERWISE USING THE INDUCTEX SOFTWARE YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, SU IS UNWILLING TO LICENSE THE INDUCTEX SOFTWARE TO YOU AND YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY PART THEREOF, AND YOU SHOULD IMMEDIATELY DESTROY ALL COPIES THEREOF IN YOUR POSSESSION.
  2. THIS LICENCE CONTAINS SPECIFIC PROVISIONS TO LIMIT SU’s LIABILITY, ALLOCATE RISK OR LIABILITY TO YOU AND/OR CONSTITUTE ACKNOWLEDGEMENT OF FACTS BY YOU. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. YOU SHOULD PAY PARTICULAR ATTENTION TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE INDUCTEX SOFTWARE AND/OR THIRD PARTY SOFTWARE.
  3. IN ORDER TO MAKE USE OF THE INDUCTEX SOFTWARE YOU MAY BE REQUIRED TO DOWNLOAD AND USE CERTAIN SOFTWARE DEVELOPED AND OWNED BY A THIRD PARTY (“THIRD PARTY SOFTWARE”). YOUR USE OF SUCH THIRD PARTY SOFTWARE IS SUBJECT TO THE SEPARATE TERMS UNDER WHICH SUCH SOFTWARE IS MADE AVAILABLE. IT IS YOUR RESPONSIBILITY TO ABIDE BY SUCH TERMS.
  4. THE INTELLECTUAL PROPERTY IN THE INDUCTEX SOFTWARE WAS CREATED WITH SUPPORT FROM THE SOUTH AFRICAN GOVERNMENT AND IS SUBJECT TO THE SOUTH AFRICAN INTELLECTUAL PROPERTY RIGHTS FROM PUBLICLY FUNDED RESEARCH AND DEVELOPMENT ACT, 2008 AND ITS REGULATIONS (ACT 51 OF 2008). THE SOUTH AFRICAN GOVERNMENT HAS CERTAIN RIGHTS TO THE INTELLECTUAL PROPERTY IN TERMS OF SECTIONS (11)(1)(e), 11(2) AND 14 OF ACT 51 OF 2008.
 

 

  1. DEFINITIONS. In addition to the terms defined above, the following terms shall have the meanings ascribed to them below when used in this Licence:
  1. “Licensing Restrictions” means the specific usage limitation applicable to your use of INDUCTEX as described in Section 3 below;
  2. “INDUCTEX” means the version of INDUCTEX made available to you for use under this Licence, as well as any accompanying data files and reference materials accompanying INDUCTEX, but excluding all Third Party Software;
  3. “Third Party Software” means any third party software (including the relevant versions) designated by SU for use with INDUCTEX that you are authorised to use.
  1. LICENCE GRANT. Provided that you agree to the terms and conditions of this Licence and comply with the Licensing Restrictions, SU hereby grants to you a personal, non-exclusive and non-transferable licence to download and install INDUCTEX in the form made available to you and to use INDUCTEX for your own internal design, evaluation and testing purposes with the prescribed Third Party Software.
  2. LICENSING RESTRICTIONS. SU reserves all rights that are not expressly granted to you herein. No intellectual property or proprietary right is transferred to you pursuant to this Licence and no license or right is granted to you with respect to INDUCTEX other than as provided for in this Licence. Save as expressly stated in Section 2, you shall not and you shall not permit anyone else, to (a) copy or modify INDUCTEX, create derivative works based on INDUCTEX, or adapt, transcribe or merge any part of INDUCTEX with other software; (b) market, sell, share, rent, lease, sublicense, disseminate, distribute or otherwise transfer INDUCTEX or any portion thereof or permit the use thereof for the benefit of any third party; (c) decompile, disassemble or reverse engineer any part of INDUCTEX or attempt to do so; (d) remove, alter, conceal or obscure any proprietary notice or marking incorporated in or on INDUCTEX; (e) use any older version or derivative form of INDUCTEX or of an older version; or (f) use INDUCTEX for any unlawful purpose.
  3. NOTICES AND DISCLAIMERS
  1. INDUCTEX IS MADE AVAILABLE TO YOU SO THAT YOU MAY ASCERTAIN THE SUITABILITY THEREOF FOR YOUR REQUIRMENTS. YOU ARE THEREFORE SOLELY RESPONSIBLE FOR YOUR USE OF INDUCTEX AND SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND ACCURACY OF THE INFORMATION OBTAINED AS A RESULT OF THE USE OF INDUCTEX. YOU ARE ALSO SOLELY RESPONSIBLE FOR OBTAINING THE PRESCRIBED THIRD PARTY SOFTWARE AND FOR COMPLYING WITH ANY CONTRACT TERMS APPLICABLE THERETO.
  1. INDUCTEX AND ANY THIRD PARTY SOFTWARE SU MAY MAKE AVAILABLE TO YOU ARE PROVIDED TO YOU FREE OF CHARGE AND ON AN ‘AS IS’ BASIS AND SU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO INDUCTEX, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY AND, WITHOUT LIMITATION, DISCLAIMS THAT THEY ARE NON‑INFRINGING OR FREE FROM VIRUSES OR ERRORS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  1. SU WILL ACCORDINGLY NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS, EXPENSE OR DAMAGE OF ANY KIND (WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE) ARISING IN CONNECTION WITH YOUR INSTALLATION, RELIANCE ON OR USE OF INDUCTEX AND/OR ANY THIRD PARTY SOFTWARE, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, AND YOU SHALL INDEMNIFY AND KEEP SU INDEMNIFIED AGAINST ANY AND ALL CLAIMS THAT MAY BE INSTITUTED AGAINST SU IN THIS REGARD.
  1. TERM AND TERMINATION. This Licence shall remain in force until terminated by either you or SU on written notice. SU may furthermore, without prejudice to any if its rights terminate this Licence immediately in the event that you are in breach of any of the terms thereof. Upon termination of the Licence for whatever reason you shall stop using INDUCTEX and destroy all copies thereof in your possession or under your control.
  1. LAW AND JURISDICTION. This Licence shall be governed and construed according to the laws of the Republic of South Africa and the Parties agree to submit to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town of South Africa. Notwithstanding the aforesaid, nothing contained in this clause shall prevent either party from seeking urgent injunctive relief from any court with appropriate jurisdiction.
  1. GENERAL. This Licence is the only agreement between you and SU relating to your ability to use INDUCTEX and it may only be modified by written agreement between you and SU. If any clause or sentence in this Licence is held by a court of law to be void, illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby and shall remain in full force and effect. The failure by SU to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of SU’s rights to enforce such provision or any other provision of this Licence in the future. All rules of interpretation which prescribe that an agreement be interpreted against the party responsible for its drafting are hereby excluded.