FLOW-3D Flow Modeling Software
Introduction Page 1
1.1 FLOW-3D LICENSE AGREEMENT
This End-User License Agreement (the “Agreement”) is between You and Flow Science, Inc., a New Mexico
corporation ("Licensor"). This Agreement authorizes You, on a nonexclusive and nontransferable basis, to use
a copy of FLOW-3D (the "Code") and related documentation subject to the terms and conditions set out in
this Agreement. By installing the Code, you are signifying Your agreement to the terms of this Agreement.
1. The Code is licensed to You on the basis of commercial terms specified in an agreement between
Licensor and You (or the entity that has authorized Your use of FLOW-3D for your work, research or
study). Said agreement governs such terms as number of licenses for the FLOW-3D solver, price, license
term, right to technical support and upgrades, and so on. IF YOU ARE AN ACADEMIC USER, YOU
AGREE TO RESTRICT YOUR USE OF THE CODE STRICTLY TO TEACHING, TO ACADEMIC
AND/OR UNSPONSORED RESEARCH, OR TO SPONSORED RESEARCH THAT CAN AND WILL
BE FREELY PUBLISHED WITH NO PROPRIETARY RESTRICTIONS.
2. In connection with the License granted herein, Licensor shall license to You a user authorization device,
such as a hardware key or a license file (hereinafter referred to as "Key"), to be shared by all processors
that can access the Code on Your network. You agree that the number of simultaneous simulations using
the Code’s solver module shall not exceed the number of Keys licensed to You in accordance with the
FLOW-3D Purchase Agreement. Title to each Key will remain with Licensor, and You shall assist
Licensor in reclaiming such Keys in the event of Your breach of this Agreement. If Your copy of the
Code must be replaced for any reason, except for the replacement of defective media or software errors,
there shall be a replacement fee not to exceed $500.00. If a Key is lost, Licensor will provide a
replacement Key at Licensor’s then current fee for a replacement Key. Additional Keys may be provided
to You at Licensor’s then current fees.
3. If arrangements for technical support have been made, only a person designated as a “Registered User”,
or persons who have attended a FLOW-3D Training Class, will be entitled to contact Licensor to seek
technical support. Licensor may provide technical support via telephone, e-mail, fax, and/or mail to You
during the License period.
4. If You are an academic user, technical support is limited to the following: (a) Licensor will provide User
with software upgrades when they become available; (b) Licensor will assist in installation of the code
and will answer questions about how to use the input variables to implement the various models in the
Code; (c) at its option, Licensor will analyze results that appear obviously incorrect because they don’t
seem to reproduce simple analytical results or expected conservation laws; (d) Licensor will also provide
access to a number of subroutines to allow users to implement small changes to the Code, including
boundary conditions and material properties; (e) Licensor will not assist in the making of revisions or
customizations to the Code.
5. This Code, FLOW-3D, and its documentation are the property of Flow Science, Inc. You recognize that
the Code is subject to the copyright laws of the United States of America and embodies technology,
methods, algorithms, trade secrets, trademarks, and service marks that are proprietary to the Licensor. No
title to or ownership of the Code or any part thereof is hereby transferred to You. You acknowledge that,
by virtue of this Agreement, You acquire only the right to use the Code pursuant to the terms of this
Agreement. You agree to take all necessary action to protect the confidential and proprietary information
in the Code, including appropriate instruction and agreement with its employees, to avoid the disclosure
of the contents of the Code to any other person, firm, or corporation, and to treat the Code with the same
degree of care that it provides its own confidential information. Due credit must accompany presentation
of Your calculated results.
6. You,
your em
ployees, agents or representatives: (i) shall not sell, assign, distribute, nor market the Code
or any portions thereof without prior written consent of Licensor; (ii) shall not copy the Code (except for
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