GEMS - Beam Foundation Analysis

Copyright (c) 1998- 2019 Geotechnical Engineering Modelling Software (GEMS) LLP & V.S.Chandrasekaran

 

*** END USER LICENSE AGREEMENT ***

 

 

This End-User License Agreement ("EULA") is a legal agreement between you and Geotechnical Engineering Modelling Software (GEMS) LLP.

 

This EULA agreement governs your acquisition and use of our GEMS - Beam Foundation Analysis ("Software") directly from Geotechnical Engineering Modelling Software (GEMS) or indirectly through a Geotechnical Engineering Modelling Software (GEMS) authorized reseller or distributor (a "Reseller") or via download from the internet.

 

Please read this EULA agreement carefully before completing the installation process and using the GEMS - Beam Foundation Analysis software. It provides a license to use the GEMS - Beam Foundation Analysis software and contains warranty information and liability disclaimers.

 

If you register for a free trial or Beta trial of the GEMS - Beam Foundation Analysis software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the GEMS - Beam Foundation Analysis software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

 

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

 

If you do not agree to be bound by this agreement, remove GEMS - Beam Foundation Analysis from your computer now and, if applicable, promptly return to Geotechnical Engineering Modelling Software (GEMS) LLP by mail any copies of GEMS - Beam Foundation Analysis and related documentation and packaging in your possession.

 

 

This EULA agreement shall apply only to the Software supplied by Geotechnical Engineering Modelling Software (GEMS) LLP herewith regardless of whether other software is referred to or described herein. The terms also apply to any Geotechnical Engineering Modelling Software (GEMS) updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

 

LICENSE GRANT

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Geotechnical Engineering Modelling Software (GEMS) LLP hereby grants you a personal, non-transferable, non-exclusive licence to use the GEMS - Beam Foundation Analysis software on your devices in accordance with the terms of this EULA agreement.   Geotechnical Engineering Modelling Software (GEMS) LLP does not transfer the title of GEMS - Beam Foundation Analysis to you; the license granted to you is not a sale.

 

You are permitted to load the GEMS - Beam Foundation Analysis software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the GEMS - Beam Foundation Analysis software.

 

You shall use GEMS - Beam Foundation Analysis in compliance with all applicable laws and not for any unlawful purpose.

 

You are not permitted to:

 

- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things

 

- Reproduce, copy, distribute, resell the Software for any commercial purpose

 

- Allow any third party to use the Software on behalf of or for the benefit of any third party

 

- Use the Software in any way which breaches any applicable local, national or international law

 

- use the Software for any purpose that Geotechnical Engineering Modelling Software (GEMS) considers is a breach of this EULA agreement

 

 Without limiting the foregoing, use, display or distribution of GEMS - Beam Foundation Analysis together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, promoting terror, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

 

Copyright Restriction

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This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile GEMS - Beam Foundation Analysis. Nor can you create any derivative works or other works that are based upon or derived from GEMS - Beam Foundation Analysis in whole or in part.

 

 Geotechnical Engineering Modelling Software (GEMS) LLP retains sole and exclusive ownership of all right, title and interest in and to GEMS - Beam Foundation Analysis and all Intellectual Property rights relating thereto.

 

Copyright law and international copyright treaty provisions protect all parts of GEMS - Beam Foundation Analysis, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended. All rights not expressly granted hereunder are reserved for Geotechnical Engineering Modelling Software (GEMS) LLP.

 

 

Intellectual Property and Ownership

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Geotechnical Engineering Modelling Software (GEMS) LLP shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Geotechnical Engineering Modelling Software (GEMS) LLP.

 

Geotechnical Engineering Modelling Software (GEMS) LLP reserves the right to grant licences to use the Software to third parties.

 

 

Evaluation and Trial.

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For evaluation (or test or trial or demonstration) use, you may not sell the software , or use it after the evaluation period.  Evaluation (or test or trial or demonstration) software may not be used in a live operating environment. Some software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the download or activation process. You may have the option to convert your trial rights to subscription or perpetual rights if presented to you at the expiration of your trial period. After the expiration of a trial period without conversion, most features of the trial software will stop running. EVALUATION AND TRIAL SOFTWARE ARE LICENSED “AS-IS,” AND YOU BEAR THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICING OR REPAIR. GEOTECHNICAL ENGINEERING MODELLING SOFTWARE (GEMS) LLP GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, GEOTECHNICAL ENGINEERING MODELLING SOFTWARE (GEMS) LLP  EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

 

Activation

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Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Geotechnical Engineering Modelling Software (GEMS) LLP or its affiliate to confirm the software is genuine and the license is associated with the licensed device.  Transmission of certain information will occur, and Internet, telephone service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails the software may not continue to work. If you activated the software by Internet, you may be required to periodically reconnect to the Internet while using the software to confirm the license associated with the licensed device; and if you do not reconnect, the software may operate with reduced functionality. You may also receive reminders to obtain a proper license for the software. You may not bypass or circumvent activation. Certain updates, support, and other services might only be offered to users of genuine Geotechnical Engineering Modelling Software (GEMS). 

 

Updates

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The software may periodically checks for software updates, and download and install them for you. You may obtain updates only from Geotechnical Engineering Modelling Software (GEMS) LLP or authorized sources, and by accepting this agreement, you agree to receive these types of automatic updates without any additional notice.

 

 

Limitation of Responsibility

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You will indemnify, hold harmless, and defend Geotechnical Engineering Modelling Software (GEMS) LLP , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Geotechnical Engineering Modelling Software (GEMS) LLP's Software.

 

In no event (including, without limitation, in the event of negligence) will Geotechnical Engineering Modelling Software (GEMS) LLP , its partners, its owners, its employees, its associates,  agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of property, damages to property, loss of lives, injuries, loss of profits, loss of use, business interruption, loss of information or data,  or pecuniary loss), in connection with or arising out of or related to this Agreement, GEMS - Beam Foundation Analysis or the use or inability to use GEMS - Beam Foundation Analysis or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

 

Geotechnical Engineering Modelling Software (GEMS) LLP's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Geotechnical Engineering Modelling Software (GEMS) LLP ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Geotechnical Engineering Modelling Software (GEMS) LLP.

 

 

Warranties

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Except as expressly stated in writing, Geotechnical Engineering Modelling Software (GEMS) LLP makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY GEMS - Beam Foundation Analysis AS WELL.

 

Governing Law

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This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of India.

 

 You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Bengaluru, Karnataka, India therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

 

 

Termination

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This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Geotechnical Engineering Modelling Software (GEMS) LLP.

 

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software.  Upon termination of this license granted herein for any reason, you agree to immediately cease use of GEMS - Beam Foundation Analysis and destroy all copies of GEMS - Beam Foundation Analysis supplied under this Agreement.   The provisions that by their nature continue and survive will survive any termination of this EULA agreement.  The financial obligations incurred by you shall survive the expiration or termination of this license.

 

 

CONSENT OF USE OF DATA

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You agree that Geotechnical Engineering Modelling Software (GEMS) LLP and its affiliate organizations  may collect and use information gathered in any manner as part of the product licensing and product support services provided to you, if any, related to GEMS - Beam Foundation Analysis.  Geotechnical Engineering Modelling Software (GEMS) LLP may also use this information to provide notices to you which may be of use or interest to you..