License Agreement

DYNAmore GmbH Evaluation License Terms
Date: 24. September 2003

1. Objective: DYNAmore GmbH provides for evaluation purposed add-on Software ("Program"). The evaluation and later usage of Program is free of charge. The Program is created by DYNAmore GmbH and it's associates. Is intended to be used only in addition to the LSTC product LS-DYNA, which is available under a separate license agreement. By downloading the Program you accept the terms of this present agreement ("License"). DYNAmore GmbH provides the Program in binary format.
2. Grant of Rights: DYNAmore GmbH hereby grants you a non-exclusive copyright license to use, reproduce, display, and perform the Program. Commercial distribution and sublicensing to third parties is not permitted.
2.1 Copyright: You are permitted to use the Program within your company. You are allowed to copy the binary code for that purpose.
3. Property Rights: DYNAmore GmbH is sole owner of the industrial and intellectual property rights and copyright to the Original Program. References made in or on the Original Program to the copyright or to other industrial Property rights must not be altered, deleted or obliterated in any manner. No title or interest in or to any trademarks, service marks, trade names or patents of DYNAmore GmbH is granted by this License. The name of DYNAmore GmbH may not be used to endorse or promote products derived from this software without specific prior written permission.
4. NO WARRANTY: BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. DISCLAIMER OF LIABILITY: IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; BUT MAY ALLOW LIABILITY TO BE LIMITED. IN SUCH CASES A PARTY'S LIABILITIES SHALL BE LIMITED TO EURO 200.
6. Updates and Maintenance: This License does not grant any rights, license or interest in or to support, improvements, modifications, enhancements or updates to the Program, its Documentation and the Contributions.
7. No Compatibility: This License does not grant compatibility with future versions of the Program.
8. Termination: DYNAmore GmbH reserves the right to terminate this License immediately for good cause, whereby good cause is understood e. g. as any breach of the license terms or any infringement of third party rights by Licensee.
9. Export Laws: It is your responsibility as licensee to comply with any export regulations applicable in licensee's jurisdiction.
10. Miscellaneous: The Invalidity of any Provision shall not affect the other terms of this License Agreement. These License terms represent the complete and exclusive statement concerning this License between the Parties. No modification or amendment of these terms will be binding unless acknowledged in writing. These License terms shall be governed and construed by the Laws of the Federal Republic of Germany. Each party agrees that it shall bring no action arising out of or related to this Agreement except the responsible court in Stuttgart.