MATHEMATICAL SYSTEMS SOFTWARE LICENSE AGREEMENT

MSI hereby grants you a non-exclusive, non-transferable license to use the accompanying software product known as “CL Machine-Learning” and accompanying documentation on the following terms and conditions. The terms “software” and “program” as used in this agreement shall include CL Machine-Learning.

You may:

• a. use the program, for your application development purposes only, on the type and capacity of computer for which you have acquired a license, provided you use the program on only one computer at a time;
• b. use the documentation only in support of use of the program authorized in paragraph (a) above; and
• c. make one copy of the program for backup purposes only, provided you reproduce all copyright and other proprietary notices on the copy. MSI retains ownership of the program and accompanying documentation, and each copy thereof, which are protected by Japanese copyright law and international treaty provisions. This license grants you certain rights to use the program, as set forth above; it is not a sale.

You may not:

• a. use the program in a network or a multi-user system in which more than one user uses or has access to the program at any one time;
• b. alter, modify, translate, reverse engineer, decompile, disassemble or copy (except for the program backup copy) the program or the accompanying documentation;
• c. loan, rent, sub-license, or otherwise transfer the program or the documentation;
• d. transfer or sublicense any of your rights hereunder;
• e. permit any third party to gain access to the program or documentation;
• f. distribute or use (“deploy”) applications developed using the program without a proper runtime license;
• g. share the “license file” (supplied to permit unlocking of licensed programs);
• h. if you have purchased an “Academic” license or are using an Evaluation version, use the program for any commercial purpose; or
• i. if you are using an Evaluation version, use the program to develop or provide services or products for others, develop university-sanctioned research projects and applications or use, distribute or copy the program within a government environment.

Unauthorized copying of the program or the accompanying documentation, or failure to comply with the above restrictions, will result in the automatic termination of this license and will make available to MSI other legal remedies. MSI reserves the right to audit your use of the program.

The Evaluation version is a trial version of our product and is licensed free of charge and without warranty. MSI provides the program “as is,” and MSI, its distributors, suppliers and all other persons who have been involved in the creation, production or delivery of the program, disclaim all conditions and warranties of any kind, either express, implied, statutory or otherwise, including but not limited to, any conditions or implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. The entire risk as to the results, quality and performance of the program is with you. MSI makes no warranty of noninfringement of the intellectual property rights of third parties.

MSI warrants that, for a period of sixty (60) days from the date of receipt or download of a purchased version of the program, as evidenced by a copy of the program’s license file, (i) the product is free of significant errors in the software that would render it unusable, and (ii) the product is free of defects in materials or workmanship. MSI's entire liability and your exclusive remedy under this warranty (which is subject to your uninstalling the product) will be, at MSI's option and as applicable, to replace defective materials, to remedy demonstrable and significant program errors within a reasonable period of time, to replace the program with functionally equivalent software, or, at MSI's option, to refund the purchase price and terminate this agreement.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, MSI AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. MSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.