Terms & Conditions
Trials Terms & Conditions Contents
This is a legal licence agreement (“Agreement”) between you (“User”) and Oasys Ltd (“Oasys”). Please read carefully the terms and conditions of this Agreement before downloading, installing or using any of the Software referred to herein.
By clicking “Accept T&Cs” below, supplying Oasys with the User’s contact details for the purpose of downloading/using the Software or downloading, installing or using the Software the User acknowledges and agrees that:
- The User’s use of the Software is solely at their own risk;
- the Software is licensed, not sold to the User and the User may use the Software only as set forth in this Agreement; and
- as described further in this Agreement, the Software is provided “as is”.
If the User does not agree to be bound by the terms of this Agreement they may not download, install or use the Software.
GRANT OF LICENCE: Oasys grants the User the right to use free of charges, a copy of the Oasys Suite of Software programs / LS-DYNA software / FEMZIP Software / Barrier FE Model / Pedestrian FE Model and related documentation (collectively “Software”) for evaluation and demonstration purposes only for the term of this Agreement. Unless agreed otherwise in writing, the term of this Agreement shall be 1 month from the date the Software is downloaded by the User. User shall not distribute, disclose, market, rent, lease or transfer the Software to any third party. Oasys reserves all rights in the Software not expressly granted to the User in this Agreement.
TERM AND TERMINATION: Evaluation of the Software shall commence upon the date the Software is downloaded by the User and will terminate on the expiry of the term of this Agreement as detailed above (termed “Trial Licence Period”). If User does not purchase the Software prior to the expiration of the Trial Licence Period this Agreement expires automatically and User shall immediately destroy all copies of the Software, including all media and manuals received with the evaluation copy. PLEASE NOTE: If User thereafter licenses the Software, all terms and conditions of Oasys’ Software Licence Agreement, which is to be separately agreed between Oasys and User prior to User’s receipt of the Software, shall be in full force and effect and the terms and conditions of this Agreement shall be null and void.
COPYRIGHT AND CONFIDENTIALITY: User understands that the Software / FE Models remain the proprietary property of the Software / FE Model author(s) and are protected by the United Kingdom Copyright laws and the international treaty provisions. User agrees to protect the Software / FE Models with at least the same standard of care and procedures which User uses to protect its own proprietary information and in no event, less than a reasonable standard of care.
EXPORT CONTROL: User understands and acknowledges that the Software / FE Models is subject to the export administration regulations of the UK. Unless agreed otherwise in writing, the User shall not transfer the Software outside the United Kingdom.
WARRANTY: Oasys warrants that the Livermore Software Technology Corporation (LSTC) is the owner of the LS-DYNA Software and that Oasys Ltd is the owner of the Oasys Suite of Software programs and FE Models. Oasys Ltd shall indemnify and defend User against any and all claims that the Software infringes on any U.S. patent or copyright or violates any other proprietary of a third party.
NO OTHER WARRANTY: User acknowledges that this licence is only for evaluation purposes and that the Software / FE Models are being provided to user “as is”. EXCEPT AS PROVIDED ABOVE OASYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OASYS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET USER’S REQUIREMENTS, OPERATE IN COMBINATIONS SELECTED BY USER, PRODUCE RESULTS DESIRED BY USER OR OPERATE WITHOUT INTERRUPTION OR ERROR FREE.
LIMITATION OF LIABILITY: OASYS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH FURNISHING, PERFORMANCE OR USE BY USER OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
MODIFICATION: Oasys reserves the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice. If Oasys materially modifies this Agreement it will make reasonable efforts to notify the User of the change. For example, Oasys may send a message to the User’s email address, or generate a pop-up or similar notification when the User accesses the Software for the first time after such material changes are made. By continuing to use the Software after Oasys has posted a modification of this Agreement, the User agrees to be bound by the modified Agreement. If the modified Agreement is not acceptable to the User, the User’s only recourse is to discontinue the use of and uninstall the Software. This Agreement will also govern any software upgrades and/or updates provided by Oasys that upgrade and/or supplement the Software, unless such upgrades and/or updates are accompanied by a separate licence, in which case the terms of that separate licence will apply.
ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and understanding of the parties and supersedes all prior oral and written agreements and understandings relating thereto. This Agreement shall only become effective when the User indicates acceptance of its terms in any one of the manners prescribed above. This Agreement shall be subject to English law and any disputes referred to the English Courts.
