SystemVue软件全面使用教程：2015用户指南

SystemVue

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or Third Party agreement, Licensee's rights under this Agreement may not be exercised by Licensee or any

Third Party in violation of such laws and regulations, nor may this Agreement be transferred to any party

where doing so would result in such a violation. The terms of any limitation on the use, transfer or re-export

of the Programs imposed by MathWorks in any Destination Control Statement or other document for the

purpose of export control shall prevail over any term in this Agreement. It shall be Licensee's responsibility to

comply with the latest United States or other governmental export and import regulations.

12. FEDERAL ACQUISITION. This provision applies to all acquisitions of the Programs and Documentation by,

for, or through the federal government of the United States. By accepting delivery of the Programs or

Documentation, the government hereby agrees that this software or documentation qualifies as commercial

computer software or commercial computer software documentation as such terms are used or defined in

FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014. Accordingly, the terms and conditions of this

Agreement and only those rights specified in this Agreement, shall pertain to and govern the use,

modification, reproduction, release, performance, display, and disclosure of the Programs and

Documentation by the federal government (or other entityacquiring for or through the federal government)

and shall supersede any conflicting contractual terms or conditions. If this License fails to meet the

government's needs or is inconsistent in any respect with federal procurement law, the government agrees

to return the Programs and Documentation, unused, to MathWorks.

13. FOR EUROPEAN UNION LICENSEES ONLY. Any contractual provisions of this Agreement contrary to laws

implemented under Article 6 of Appendix V of the European Union Software Directive or to the exceptions

provided for in Article 5(2) and (3) of such Appendix shall be null and void solely to the extent decompiling,

disassembling, or otherwise reverse-engineering of the Programs is necessary to enable the Licensee to

create an independent program that is interoperable with the Programs or any other permitted objectives

specified by such laws implemented under such directive (collectively, the "Permitted Objectives"), provided

that any such information gained is used solely for such Permitted Objectives.

14. TAXES, DUTIES, CUSTOMS. Absent appropriate exemption certificates or other conclusive proof of tax

exempt status, Licensee shall pay all applicable sales, use, excise, value-added, and other taxes, duties,

levies, assessments, and governmental charges payable in connection with this Agreement or the Licenses

granted hereunder, excluding taxes based on or measured by MathWorks' income, for which MathWorks

shall be solely responsible.

15. ASSIGNMENT. Licensee may not assign or otherwise transfer this Agreement and its rights and

obligations hereunder, in whole or in part, by operation of law or otherwise, without the written consent of

MathWorks. Licensee agrees that MathWorks may withhold such consent if it determines, in its sole

discretion, that a principal purpose of the acquisition of this License was to assign the License to a Third

Party. In the case of any permitted assignment or transfer of or under this Agreement, this Agreement or the

relevant provisions shall be binding upon, and inure to the benefit of, the successors, executors, heirs,

representatives, administrators and assigns of the parties hereto. MathWorks may charge Licensee an

administrative fee for any permitted assignment. 

16. LIMITATION OF LIABILITY. The Programs should not be relied on as the sole basis to solve a problem or

implement a design whose incorrect solution orimplementation could result in injury to person or property. If

a Program isemployed in such a manner, it is at the Licensee's own risk and MathWorks and its Licensors

explicitly disclaim all liability for such misuse to the extent allowed by law. MathWorks' and MathWorks'

Licensors' liability for death or personal injury resulting from negligence or for any other matter in relation to

which liability by law cannot be excluded or limited shall not be excluded or limited. Except as aforesaid, (a)

any other liability of MathWorks and its Licensors (whether in relation to breach of contract, negligence or

otherwise) shall not in total exceed the amount paid to MathWorks under this Agreement in the twelve

month period preceding the claim in question, for the Program with respect to which the liability in question

arises; and (b) MathWorks and its Licensors shall have no liability for any indirect or consequential loss

(whether foreseeable or otherwise and including loss of profits, loss of business, loss of opportunity, and loss

of use of any computer hardware or software). Some states do not allow the exclusion or limitation of

incidental or consequential damages, so the above exclusion or limitation may not apply to Licensee.

17. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that MathWorks, on its own

behalf or through its Licensors, has the right to grant the License rights hereunder. MathWorks warrants

that the physical media provided shall be free from defects in material and workmanship for a period of

ninety (90) days from delivery, or it will be replaced by MathWorks at no cost to Licensee. MathWorks

further warrants, for a period of one (1) year from delivery or for the term of the License, whichever is less,

that each copy of each Program will conform in all material respects to the description of such Program's

operation in the Documentation. In the event that a Program does not operate as warranted, Licensee's

exclusive remedy and MathWorks' sole liability under this warranty shall be the correction or workaround by

MathWorks of major defects within a reasonable time. Should such correction or workaround be impractical,

MathWorks may, at its option, terminate the relevant License and refund the initial License fee paid to

MathWorks for such Program. All requests for warranty assistance should be directed to The MathWorks,

Inc., 3 Apple Hill Drive, Natick, MA 01760-2098, U.S.A.

18. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth in Article 17 of this Agreement

(or as implied by law where the law provides that the particular terms implied cannot be excluded by

contract), any and all Programs, Documentation, and Software Maintenance Services are delivered "as is"

and MathWorks makes and the Licensee receives no additional express or implied warranties. MathWorks

and its Licensors hereby expressly disclaim any and all other conditions, warranties, or other terms of any

kind or nature concerning the Programs, Documentation, and Software Maintenance Services (including,

without limitation, any with regard to infringement, merchantability, quality, accuracy, or fitness for a

particular purpose or Licensee's purpose). MathWorks also expressly disclaims any warranties that may be

implied from usage of trade, course of dealing, or course of performance. Except for the express warranties

stated in Article 17 of thisAgreement, the Programs, Documentation, and Software Maintenance Services are

provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with

Licensee. MathWorks does not warrant that the Programs and Documentation will operate without

interruption or be error free. Some states and countries do not allow limitations on how long an implied

warranty lasts, so the above limitation may not apply to Licensee. The warranty in Article 17 gives Licensee

specific legal rights and Licensee may also have other rights which vary from state to state and country to

country.

Licensee accepts responsibility for its use of the Programs and the results obtained therefrom.

19. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced and construed and the

rights of the parties hereunder governed in all respects by the laws of the Commonwealth of Massachusetts,

United States of America, without regard to its conflicts of law provisions, and both parties consent to the

jurisdiction of the federal and state courts located in said Commonwealth and consent to the service of

process, pleadings and notices in connection with any and all actions initiated in such courts. The parties

agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be

enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with

this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent necessary by

such law, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or

otherwise unenforceable, that provision shall be enforced to the maximum extent permissible. In either case,

the remainder of this Agreement shall not be affected. The parties agree that the U.N. Convention on

Contracts for the International Sale of Goods shall not apply to this Agreement. The parties further agree

that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state, in any

form("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to

opt out of the applicability of UCITA pursuant to the Opt-Out provision(s) contained therein.

20. COMPLIANCE WITH LICENSES. Licensee agrees to notify MathWorks promptly upon discovery of any

failure to comply with one or more Licenses granted under this Agreement, or any failure to comply with any

other material term of this Agreement. Licensee agrees that, no more than once every twelve (12) months,

MathWorks or its authorized representative shall, upon reasonable prior notice,have the right to inspect

Licensee's and Licensee's Affiliates' records, systems, and facilities, during normal business hours, to verify

that Licensee's and its Affiliates' use of the Programs is in conformity with valid licenses. If a verification

discloses that Licensee's or any of its Affiliates' use is not in conformity with a valid license, Licensee shall

immediately take all necessary steps to cure any past defaults, including paying any unpaid license fees, to

bring Licensee's or any of its Affiliates' use into conformity. 

21. LICENSE MANAGEMENT. The Programs contain technology for the prevention of unlicensed use. The

Programs require activation to exercise your rights under this Agreement. You may also need to activate if

you redesignate the Programs on your License or modify your hardware. Activation associates the use of the

Programs with a specific Computer, and in some cases the Licensed User. During activation, data about the

Programs and the Computer will be transmitted to MathWorks. This data includes the License information,

Computer identification, and location. Some License Options may require the MathWorks Account

information and the operating system user name for the Licensed User. A License file will be provided to

complete activation. 

22. HEADINGS. The inclusion of headings is for convenience of reference only and shall not affect the

construction or interpretation of this Agreement.

23. ENTIRE AGREEMENT. This Agreement, and any applicable Addendum thereto including any documents

referenced therein are incorporated herein by reference, and contain the entire understanding of the parties

and may not be modified or amended except by written instrument, executed by authorized representatives

of MathWorks and Licensee. In the event of any conflict between this Agreement and any purchase order

executed by Licensee (whether executed before or after this Agreement), this Agreement shall prevail.



The MathWorks, Inc. Software License Agreement - Installation and Use Addendum

This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms

and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not

defined herein shall have the meaning ascribed to it in the Agreement.

1. SCOPE. The Installation and Use provisions of this Addendum apply to each Program licensed under the

Agreement. The applicable provisions are determined by the particular License Option that Licensee

acquired, including those related to the permitted Activation Type associated with the License Option

acquired. 

2. DEFINITIONS.

2.1. Activation Type. One of the Standalone Named User, Designated Computer, Network Named User, or

Network Concurrent User Activation Types available with respect to the License Option acquired.

2.2. License Manager. The FlexNet license management software provided with the Program(s).

2.3. Licensed User. An individual authorized by the Licensee to use the Programs for Licensee's Internal

Operations, to the extent permitted by the License Option acquired.

2.4. License Option. The specific rights, restrictions, and obligations under which Licensee may install and

use a Program pursuant to the Agreement, including those related to the permitted Activation Type

associated with the License Option acquired.

2.5. Named User. A Licensed User designated and identified by Licensee as the "Named User" for a License

to a Program under either the "Standalone Named User" or "Network Named User" Activation Type.

3. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply to each License

Option. Licensee's right to install and use the Programs is determined by the License Option acquired,

including the permitted Activation Type with respect to such License Option. By accepting the terms and

conditions of the Agreement, Licensee also accepts the License Option acquired.

3.1. License Options.

3.1.1. Individual. Except as specifically set forth in Section 3.3 hereof, the Individual License Option permits

one Activation Type, either the Standalone Named User Activation Type or the Designated Computer

Activation Type.

3.1.2. Network Named User. Except as specifically set forth in Section 3.3 hereof, the Network Named User

License Option permits only the Network Named User Activation Type.

3.1.3. Concurrent. Except as specifically set forth in Section 3.3 hereof, the Concurrent License Option

permits only the Network Concurrent User Activation Type.

3.2. Activation Types. 

3.2.1. Standalone Named User. Program use is restricted to the single, designated Named User. Programs

may be activated and used on one or more individual Computers, provided the Programs are only accessible

to, and used by, the Named User for that License. The physical locations of the Computers used by the

Named User to run the Programs are not limited; the Computers may be located at work, home, in a

laboratory, or on a laptop. Licensee may only designate one Licensed User access to or use of the Programs

under each Named User License. A Computer login of a Named User may not be shared with any other

individual. Licensee may redesignate the Named User for a Program, whether temporarily or not, no more

than four (4) times in any twelve (12) month period. A Named User may not use a Program on more than two

(2) Computers simultaneously. In the case of Standalone Named User Licenses licensed as part of a group,

Licensee shall be responsible for, and shall assign an administrator the task of, administering the Licenses

and Programs, including new versions of the Programs delivered during any paid Software Maintenance

Service term.

3.2.2. Designated Computer. The Programs may only be activated and used on a single, designated

Computer, provided the Programs are only operated from that Computer's console by only one Licensed

User at any given time. Licensee may redesignate the Computer for a Program to a different Computer,

whether temporarily or not, no more than four (4) times in any twelve (12) month period. In the case of

Designated Computer Licenses licensed as part of a group, Licensee shall be responsible for, and shall

assign an administrator the task of, administering the Licenses and Programs, including new versions of the

Programs delivered during any paid Software Maintenance Service term.

3.2.3. Network Named User. Programs must be activated on a single Computer. Licensee must run the

License Manager and edit the Local License Options file to maintain a list of Named Users authorized to use

each Program. Licensee may re-edit the list of Named Users in the Local License Options file and may

redesignate Named Users for a Program, whether temporarily or not, no more than four (4) times in any

twelve (12) month period, provided the number of Named Users never exceeds the number licensed per

Program. Programs may be installed in a central location or on individual Computers to accelerate startup

times, as long as the use on all Computers is controlled by the License Manager. A Named User may not use

a Program on more than two (2) Computers simultaneously. A Computer login of a Named User may not be

shared with any other individual.

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