Software License Agreements

VERY IMPORTANT – READ CAREFULLY: This Numerical Technologies Software License Agreement (hereinafter, this “LICENSE”) is a legal agreement between you (either an individual or a single entity) and Numerical Technologies Incorporated (“Numerical Technologies”), for the software containing this LICENSE or products identified on the disk or CD-ROM enclosed with the package which contain computer software and associated media and printed materials, and may include “on-line” or electronic documentation (the “SOFTWARE”) and for which the CD-Key(s) are either provided on the back of the enclosed CD case or obtained through Numerical Technologies or its authorized distributor.

IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BEFORE YOU ARE PERMITTED TO CONTINUE TO INSTALL THE SOFTWARE. BY CLICKING THE “DOWNLOAD NOW” BUTTON, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.
If you do not agree to the terms of this LICENSE click the “CANCEL” icon to EXIT NOW. The installation process will be terminated.

I. OWNERSHIP; LICENSE GRANT.

This is a license agreement and NOT an agreement for sale. Numerical Technologies continues to own the copy of the SOFTWARE contained on the disk or CD-ROM and all copies thereof. Your rights to the SOFTWARE are specified in this LICENSE, and Numerical Technologies retains all rights not expressly granted to you in this LICENSE. Numerical Technologies hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the SOFTWARE only as authorized below.

II. PROHIBITED USES.

You may not, without the prior written permission of Numerical Technologies:

A. Disassemble, decompile or “unlock”, decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.

B. Use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.

C. Transfer, rent, lease, or sublicense the SOFTWARE.

III. COPYRIGHT.

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and “applets” incorporated into the SOFTWARE) and the accompanying printed materials are owned by Numerical Technologies or its suppliers. The SOFTWARE is protected by United States copyright laws and international treaty provisions. All rights are reserved worldwide. You must treat the SOFTWARE like any other copyrighted material, except that you may, in addition to the copies permitted in this LICENSE, make one copy of the SOFTWARE solely for backup or archival purposes. No part of the accompanying printed materials may be reproduced, transmitted, transcribed, stored in any retrieval system, or translated into any language by any means without the express prior written permission of Numerical Technologies.

IV. TERMINATION.

This LICENSE and your right to use the SOFTWARE will terminate immediately without notice from Numerical Technologies if you fail to comply with the terms and conditions of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including all accompanying documents and copies. This is in addition to and not in lieu of any criminal, civil or other remedies available to Numerical Technologies. Numerical Technologies credit policy will apply. Numerical Technologies credit policy is available upon request.

V. CONFIDENTIALITY.

You acknowledge that the SOFTWARE provided to you pursuant to this LICENSE, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of Numerical Technologies. You agree to maintain in confidence any modification, enhancement, derivative work and/or extension thereto, by using at least the same physical and other security measures as you use for your own confidential technical information and documentation, but in no event less that a commercially reasonable standard of care. You further agree not to disclose or any aspect thereof, or any modification, enhancement, derivative work and/or extension thereto, or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the SOFTWARE and who are bound to protect such information against any other use or disclosure. You agree to assume full responsibility for such employees’ or contractors’ use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on Numerical Technologies’ information, or approved in writing for release by Numerical Technologies without restriction.

VI. LIABILITIES.

IN NO EVENT SHALL NUMERICAL TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NUMERICAL TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VII. APPLICABLE LAW.

If you acquired this Software in any other country, this LICENSE is governed by the laws of Japan. The Tokyo District Court has jurisdiction over all disputes which may arise with respect to the execution.