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Applied Research Associates, Inc.
Software License and Warranty
Order Information
Phone: (919) 582-3300
Fax: Print this
form and fax it to (919) 582-3301
Mail: Send this form to: Applied Research Associates, Inc.,
8540 Colonnade Center Dr.
Suite
301, Raleigh, NC 27615-3052
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Applied Research Associates, Inc.
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(hereafter “ARA”)
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(hereafter “Recipient”)
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8540 Colonnade Center
Drive
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Address 1
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Suite 301
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Addresss 2
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Raleigh, NC 27615-3052
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City State Zip
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Country
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Approved By (Signature)
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Recipient Approved By (Signature)
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Allen York
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Approved By
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Recipient
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Vice President
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ARA Title
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Recipient Title
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Approval Date
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Recipient Approval Date
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(919) 876-0018 (919) 878-3672
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ARA Phone ARA Fax
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Recipient Phone Recipient Fax
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profes@ara.com
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ProFES Email
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Recipient Email
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Product(s)
ProFES Base Module
ProFES file mode
ProFES ANSYS Translator
ProFES NASTRAN Translator
ProFES PATRAN Translator
Version 2.0
Platform
Win
NT
Win
2000
Win
XP
Specific Conditions
No cost evaluation license for a period of 30 days.
One year lease
Purchase
To order a ProFES license please print, fill out this form, and mail or fax it to us
(information above).
ProFES 2.0 is Copyright (c) 2000, Applied Research Associates, Inc.
All rights reserved worldwide
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE YOU ARE AGREEING TO THE TERMS AND CONDITIONS STATED BELOW.
1. License.
APPLIED RESEARCH ASSOCIATES hereby grants to Recipient a nonexclusive, nontransferable license to use the software specified in Appendix A. Including any
updates/technology enhancements subsequently furnished by APPLIED RESEARCH ASSOCIATES to Recipient and other confidential and proprietary information related to such
software in such form as may be supplied by APPLIED RESEARCH ASSOCIATES to Recipient (collectively "Software"). Recipient may only use the Software for the purposes
specified on Appendix A at the location(s) shown above and on the platform specified in Appendix A. All right, title and interest in the Software and all intellectual property rights
related thereto will remain with APPLIED RESEARCH ASSOCIATES or its affiliates.
2. Restrictions.
a) Recipient will not reproduce, sell, license or otherwise transfer the Software to any third
party and will not reverse engineer, de-compile or modify the Software. Recipient agrees to be fully responsible for installation of the Software. APPLIED RESEARCH ASSOCIATES will
not have any obligation to maintain the Software or provide any other support to Recipient in connection with the Software.
b) Recipient shall not release any data or information pertaining to performance, functionality or results of APPLIED RESEARCH ASSOCIATES Software to any third party without
prior written permission of APPLIED RESEARCH ASSOCIATES. The use of the Software in consulting activities undertaken by members of Recipient or Recipient's staff and the use of
the Software by persons not associated with the Recipient's organization is specifically forbidden.
c) Recipient acknowledges that the Software is a product of the United States of America and that the export, use, transmission or other transfer of the Software or any results produced
using the Software is governed by the laws and regulations of the United States of America. Recipient agrees that it shall not take or transmit the Software to any other country without
APPLIED RESEARCH ASSOCIATES' prior written consent, which consent APPLIED RESEARCH ASSOCIATES may grant or withhold in its sole discretion. Recipient shall not
transmit to any other country any analysis results produced using the Software, unless the transmittal of such results would be permissible under the laws and export regulations of the United States of America.
3. Term and Termination.
a) The license granted hereunder shall be effective upon the date of receipt of the Software and shall continue until the earlier of (i) completion of the Authorized Purpose or (ii)
termination by APPLIED RESEARCH ASSOCIATES or Recipient upon thirty (30) days written notice to the other party.
b) Upon termination of this Agreement for any reason, the Software and any and all copies made by Recipient will be returned to APPLIED RESEARCH ASSOCIATES or destroyed
by Recipient as specified by APPLIED RESEARCH ASSOCIATES.
4. Confidential and Proprietary Information.
APPLIED RESEARCH ASSOCIATES represents and Recipient acknowledges that the Software contains confidential and proprietary information including trade secrets of
APPLIED RESEARCH ASSOCIATES or its affiliates and that any use or disclosure of the information to third parties may cause immediate or irreputable harm to APPLIED
RESEARCH ASSOCIATES. Recipient agrees not to publish, disclose or allow the Software to be disclosed to third parties without prior written consent of APPLIED RESEARCH
ASSOCIATES and to maintain strictly the confidentiality of the Software. Recipient agrees to take necessary precautions to protect the Software from unauthorized disclosure and shall
limit access to the Software to the Recipient's employees whose duties require that they have access to the Software for the Authorized Purpose.
5. Disclaimer of Warranty on Software.
THE SOFTWARE IS DELIVERED "AS IS" AND APPLIED RESEARCH ASSOCIATES DISCLAIMS ALL WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE. APPLIED
RESEARCH ASSOCIATES EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTIES OF TITLE AND NONINFRINGEMENT.
APPLIED RESEARCH ASSOCIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM RECIPIENT'S UTILIZATION OF THE SOFTWARE FOR THE
AUTHORIZED PURPOSE OR FOR ANY OTHER PURPOSE.
6. Limitation of Liability.
APPLIED RESEARCH ASSOCIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
MAY RESULT FROM RECIPIENT'S UTILIZATION OF THE SOFTWARE FOR THE AUTHORIZED PURPOSE OR FOR ANY OTHER PURPOSE.
7. Miscellaneous.
a) The failure by either party at any time to enforce its rights under this Agreement will not be
construed as a waiver of such rights and no waiver by either party will be valid unless it is contained in a signed writing.
b) This Agreement will be governed by and interpreted in accordance with the laws of the State of New Mexico excluding its conflicts of laws provisions and the United Nations
Convention on the International Sale of Goods.
c) This Agreement contains the full understanding between APPLIED RESEARCH ASSOCIATES and Recipient with respect to the subject matter and supersedes all prior
understandings and writings relating thereto. No waiver, alteration or modification of any of the provisions shall be binding unless made in writing and signed by an authorized
representative of APPLIED RESEARCH ASSOCIATES.
d) The headings contained in this Agreement are for convenience of reference only and shall not be considered in construing this Agreement.
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