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authoreroen <eroen@occam.eroen.eu>2014-08-25 23:19:38 +0200
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+
+The MathWorks, Inc.
+Software License Agreement
+
+IMPORTANT NOTICE
+
+READ THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT CAREFULLY
+BEFORE COPYING, INSTALLING, OR USING THE PROGRAMS OR DOCUMENTATION.
+
+THE LICENSE AGREEMENT TOGETHER WITH ANY APPLICABLE ADDENDUM REPRESENTS
+THE ENTIRE AGREEMENT BETWEEN YOU (THE "LICENSEE") AND THE MATHWORKS, INC.
+("MATHWORKS") CONCERNING THE PROGRAM(S) AND DOCUMENTATION.
+
+BY COPYING, INSTALLING, OR USING THE PROGRAMS AND DOCUMENTATION, YOU
+ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO DO SO, DO NOT
+COPY, INSTALL, OR USE THE PROGRAMS AND DOCUMENTATION.
+
+_________________________________________________________________
+
+The MathWorks, Inc. Software License Agreement
+
+Installation and Use Addendum (if applicable)
+
+Academic Installation and Use Addendum (if applicable)
+
+Student License and Home License Installation and Use Addendum (if applicable)
+
+Deployment Addendum
+
+
+The MathWorks, Inc. Software License Agreement
+
+1. DEFINITIONS.
+
+ 1.1. "Licensee" means you, whether an individual or an entity, to whom
+ MathWorks grants the License, and who is responsible for complying with the
+ contractual obligations of the License, and ensuring that anyone permitted
+ access to the Programs also complies with such obligations.
+
+ 1.2. "Affiliate" means a legal entity which is controlled by, or controls,
+ or is under common control with Licensee. Control means (i) beneficial
+ ownership of at least fifty percent (50%) of the voting securities of a
+ corporation or other business organization with voting securities, or (ii)
+ a fifty percent (50%) or greater interest in the profits and capital of a
+ partnership or other business organization without voting securities,
+ provided that no other individual or entity other than the Licensee also
+ has an equal fifty percent (50%) ownership or interest in the legal entity.
+ Notwithstanding the foregoing, unless MathWorks provides its express
+ written consent to treat the entity as an Affiliate, an Affiliate shall not
+ include any entity that MathWorks has expressly refused to license (or
+ grant access under a license to) its software products or that had a
+ license for MathWorks software products that MathWorks expressly
+ terminated.
+
+ 1.3. "Application" shall have the meaning ascribed to it in Section 4.1 of
+ the Deployment Addendum anywhere the term is used in the upper case in this
+ Agreement.
+
+ 1.4. "Computer" means either (i) a single physical hardware system
+ containing a single motherboard running an operating system, or (ii) a
+ virtual machine running an operating system.
+
+ 1.5. "Documentation" means the user guides, if any, accompanying delivery
+ of a Program, as may be updated from time to time, including the bug
+ reports made available at mathworks.com/support/bugreports. Documentation
+ may be delivered in any medium or language.
+
+ 1.6. "Internal Operations" means the use of a Program by employees,
+ consultants, student interns, and software administration contractors of
+ Licensee or an Affiliate on behalf of the Licensee or Affiliate.
+
+ 1.7. "Licensed User" means an individual authorized by MathWorks or the
+ Licensee to use the Programs for Licensee's Internal Operations, to the
+ extent permitted by the License Option acquired.
+
+ 1.8. "License Manager" means the FlexNet license management software
+ provided with the Program(s), or the MathWorks Hosted License Manager
+ ("MHLM"), as the context requires.
+
+ 1.9. "License Option" means the specific rights, restrictions, and
+ obligations under which Licensee may install and use a Program pursuant to
+ this Agreement, including those related to the permitted Activation Type
+ associated with the License Option acquired, as described in the applicable
+ Installation and Use Addendum, and including restrictions associated with
+ the License being an "Annual License," "Term License," "Perpetual License,"
+ "Student License," "Home License" or "Certain MATLAB Distributed Computing
+ Server ("MDCS") Uses," as described under Article 10 of this Agreement.
+
+ 1.10. "Licensor" means the person who, or entity which, grants a license to
+ MathWorks to redistribute that person's or entity's intellectual property.
+
+ 1.11. "Perpetual License" means the right to use the License indefinitely
+ provided that the Licensee always remains in compliance with the terms of
+ this Agreement.
+
+ 1.12. "Program" means the software licensed hereunder, including
+ Documentation, enhancements and error corrections. Each product licensed
+ hereunder is a separate Program.
+
+ 1.13. "Third Party" means any person or legal entity that is not MathWorks,
+ the Licensee, or an Affiliate.
+
+ 1.14. "Third Party Software" means the software referenced in Article 8 of
+ this Agreement.
+
+2. ACCEPTANCE AND REFUNDS. If Licensee does not accept the terms and conditions
+of this License and any applicable Addendum, or if Licensee terminates this
+License, for any reason, within thirty (30) days of Program delivery (the
+"Acceptance Period"), then Licensee shall immediately return the Programs
+licensed hereunder to MathWorks or the authorized distributor from whom
+Licensee acquired the Programs and, if returned within the Acceptance Period,
+shall receive a full refund. By retaining a Program throughout the Acceptance
+Period, Licensee accepts the applicable rights, and agrees to be bound by the
+applicable obligations and restrictions, of this Agreement including the
+License Option acquired with respect to that Program.
+
+3. PROGRAM TRIAL EVALUATION. Licensee agrees to use any Program provided to
+Licensee as a trial or evaluation only for the period of the trial evaluation
+which may be controlled by a license key code, only to evaluate it individually
+for potential purchase of a license to the Program as an end- user, to conduct
+no business with it, and to remove it and all result files produced from any of
+Licensee's computers at the end of the trial or evaluation period and to comply
+with all other obligations and restrictions in this Agreement.
+
+4. LICENSE GRANT. The MathWorks Programs are licensed, not sold. MathWorks
+hereby grants to Licensee, subject to the terms of this Agreement, a
+nonexclusive license (the "License") to:
+
+ 4.1. install and use the Programs solely on Computers controlled by
+ Licensee, in accordance with the License Option acquired and associated
+ permitted Activation Type provisions contained in the relevant Installation
+ and Use Addendum, and solely for Internal Operations;
+
+ 4.2. provide access to online Documentation on Licensee's intranet,
+ provided it is not accessible over the open Internet;
+
+ 4.3. print portions of the online Documentation for reasonable use by
+ Licensed Users; and
+
+ 4.4. use the Programs as expressly set forth in the Deployment Addendum.
+
+5. LICENSE RESTRICTIONS. The License is subject to the express restrictions
+set forth below and any other restrictions set forth in any signed agreement
+between MathWorks and Licensee. Licensee shall not, and shall not cause or
+permit any Affiliate or any Third Party to, directly or indirectly:
+
+ 5.1. modify, or create any derivative work of, a Program or any part of a
+ Program, except as expressly permitted in Article 8 of this Agreement and
+ in the Deployment Addendum. Notwithstanding anything to the contrary
+ contained herein, any such permitted modifications must be consistent with
+ all other terms of this Agreement;
+
+ 5.2. use a Program or any part of a Program, for any act which infringes
+ copyright of a Program including developing, producing, or testing a
+ computer program containing a feature or functionality that is
+ substantially similar in its expression to the expression contained in a
+ Program or any part of a Program;
+
+ 5.3. adapt, translate, copy, or convert all or any part of a Program in
+ order to create software, a principal purpose of which is to perform the
+ same or similar functions to a Program or to replace a Program or any
+ component of a Program;
+
+ 5.4. rent, lease, or loan the Programs; use the Programs for supporting
+ Third Parties' use of the Programs, time share the Programs, or provide
+ service bureau or similar service use;
+
+ 5.5. disassemble, decompile, reverse engineer a Program, or any portion
+ thereof, or attempt to gain access to its method of operation or source
+ code;
+
+ 5.6. sell, license, sublicense, provide access, publish, display,
+ distribute, disseminate, assign, or otherwise transfer (whether by sale,
+ exchange, lease, gift, or otherwise) to a Third Party the Programs, any
+ copy or portion thereof, or any License or other rights thereto, in whole
+ or in part, without MathWorks' prior written consent, except as expressly
+ permitted in the Deployment Addendum;
+
+ 5.7. alter, remove, or obscure any copyright, trade secret, patent,
+ trademark, logo, proprietary and/or other legal notices on or in copies of
+ the Programs;
+
+ 5.8. use MathWorks' name, trade names, logos, or other trademarks of
+ MathWorks or any of its Affiliates or Licensors in any advertising,
+ promotional literature or any other material, whether in written,
+ electronic, or other form, distributed to any Third Party, except in the
+ form provided by MathWorks, and then solely for purposes of identifying
+ MathWorks' Programs;
+
+ 5.9. provide access (directly or indirectly) to the Programs via a web or
+ network Application, except as permitted in Article 8 of the Deployment
+ Addendum;
+
+ 5.10. copy, make available for copy, or otherwise reproduce the Programs,
+ in whole or in part, except either (a) as may be required for their
+ installation for the purpose of executing the Program in accordance with
+ the License Option and associated permitted Activation Type, (b) as
+ expressly permitted in the Deployment Addendum, or (c) to make a reasonable
+ number of copies solely for back-up purposes provided that any such
+ permitted copies shall reproduce all copyright, trade secret, patent, logo,
+ proprietary and/or other legal notices contained in the original copy
+ obtained from MathWorks;
+
+ 5.11. access or use Programs that Licensee is not currently licensed to
+ access or to use;
+
+ 5.12. allow the Programs to be accessed or used by a Third Party except as
+ specifically provided in this Agreement;
+
+ 5.13. disclose or transfer the activation key, login credentials, and/or
+ license file to a Third Party, or allow them to be used by a Third Party
+ except as provided herein;
+
+ 5.14. republish the Documentation, except as expressly permitted in Article
+ 4 of this Agreement;
+
+ 5.15. create a server for code generation or deployment Applications;
+
+ 5.16. disable or circumvent any technical limitations in the Programs or
+ disregard other limitations as set forth in
+ mathworks.com/ineligible_programs including those limitations that prevent
+ certain Programs or Program components from being compiled, distributed,
+ called from a web application, or used with the MATLAB Distributed
+ Computing Server, as the case may be. Licensee agrees not to work around
+ these limitations;
+
+ 5.17. access, enable access to, modify, translate, or deploy temporary
+ intermediate files produced by a Program;
+
+ 5.18. make any use of the License on behalf of or for the benefit of a
+ Third Party or an Affiliate in any manner that would constitute a violation
+ of this License if such use were directly made by the Third Party or the
+ Affiliate or cause any Third Party or Affiliate to make any use of the
+ License on behalf of or for the benefit of Licensee or an Affiliate in any
+ manner that would constitute a violation of this License if such use were
+ directly made by Licensee or Affiliate;
+
+ 5.19. acquire the License if a principal purpose of the acquisition is to
+ transfer or assign the License to a Third Party unless expressly permitted
+ by MathWorks; and/or
+
+ 5.20. mechanize or automate the process of checking out or in license keys
+ for one or more Programs, including by running a second session of a
+ Program, running a Program to serve multiple users, or rebooting the
+ License Manager, for a principal purpose of minimizing the License check
+ out time of any Programs, or otherwise circumventing the intended License
+ Manager operation.
+
+6. ADDITIONAL FEES. The fees for the License are determined based upon the
+country where all Licensed User(s) are principally located. Additional fees
+may apply to a transfer of the License, or the principal location of any
+Licensed User, to another country, or to contract for global use. MathWorks
+may restrict a transfer of a License to another country or restrict its use in
+another country if MathWorks reasonably believes that such transfer or use will
+result in a breach of this Agreement.
+
+7. RETENTION OF RIGHT, TITLE AND INTEREST BY MATHWORKS AND ITS LICENSORS. The
+Programs shall at all times remain the property of MathWorks and/or MathWorks'
+Licensors and Licensee shall have no right, title, or interest therein, except
+as expressly set forth in this Agreement. Licensee shall take appropriate
+action by instruction, agreement, or otherwise with any persons permitted
+access to the Programs, so as to enable Licensee to satisfy its obligations
+under the terms of this Agreement, including disabling access to the Programs,
+in the event of a transfer of the License.
+
+8. LICENSES FOR THIRD PARTY SOFTWARE, SERVICES, AND DATA. MathWorks has been
+granted licenses to distribute certain Third Party Software as part of or
+included with the Programs licensed. These licenses require MathWorks to
+distribute the software to Licensee subject to specific terms and conditions,
+which may provide rights and impose restrictions for use of the Programs,
+including deployment of Applications, that are different from or additional to
+those contained herein. Should such Third Party Software be provided under the
+Lesser General Public License, Licensee may make modifications of the work
+identified in Section 6 of the Lesser General Public License for Licensee's own
+use and reverse engineering for debugging such modifications. Licensee agrees
+that acceptance of this Agreement also confirms Licensee's acceptance of any
+applicable Third Party Software licenses. Such Third Party licenses may be
+viewed at mathworks.com/thirdpartylicenseagreementsR2014a. Certain MathWorks
+Programs may also provide an interface to facilitate Licensee's use of Third
+Party services and data governed by the terms and conditions set forth in such
+Third Party's applicable agreements with Licensee. This Agreement does not
+grant any additional rights to access or use such Third Party services or data
+made accessible through the use of MathWorks Programs.
+
+9. SOFTWARE MAINTENANCE SERVICE. During any paid Software Maintenance Service
+term, if applicable, MathWorks shall provide its customary Software Maintenance
+Service for the licensed Programs which consists of: delivering subsequent
+releases of the Programs, if any, that are not charged for separately; exerting
+reasonable efforts to both (a) provide, within a reasonable time, workarounds
+for any material programming errors in the current release of the Programs that
+are directly attributable to MathWorks, and (b) correct such errors in the next
+available release, provided Licensee provides MathWorks with sufficient
+information to identify the errors. During this same paid Software Maintenance
+Service term, Licensee shall also be entitled to receive technical support for
+the current release. Technical support means assistance by telephone, web, and
+e-mail with the installation and/or use of the then-current release of the
+licensed Programs, including all available bug fixes and patches, and their
+interaction with supported hardware and operating systems ("Platforms").
+MathWorks reserves the option to discontinue, in whole or in part, and at any
+time, offering Software Maintenance Service and/or technical support for any
+Program, feature of a Program, or Platform or to refuse to provide Software
+Maintenance Service to a Licensee whom it reasonably believes is in breach of
+this Agreement.
+
+10. LICENSE DURATION ("TERM"). This Agreement shall continue until the earlier
+of (a) termination by MathWorks or Licensee as provided below, or (b) such time
+as there are no Programs being licensed to Licensee hereunder.
+
+ 10.1. For Annual Licenses: Licensee understands and agrees that each
+ Annual License and associated Software Maintenance Service will expire
+ automatically and the Programs will stop operating promptly after its
+ corresponding one (1) year period, unless Licensee renews its License by
+ remitting the then-current annual License fee and provided the Licensee
+ always remains in compliance with the terms of this Agreement.
+
+ 10.2. For Term Licenses: Licensee understands and agrees that each Term
+ License and associated Software Maintenance Service will expire
+ automatically and the Programs will stop operating promptly after the
+ corresponding period of the term licensed, unless Licensee renews its
+ License by remitting the then-current term License fee and provided the
+ Licensee always remains in compliance with the terms of this Agreement.
+
+ 10.3. For Perpetual Licenses: Licensee shall have the right to use the
+ Programs indefinitely, subject to the termination provisions in this
+ Agreement. Licensee understands and agrees that the Software Maintenance
+ Service for each Perpetual License will terminate automatically upon
+ expiration of the initial Software Maintenance Service term included with
+ the acquisition of the License. Thereafter, the Software Maintenance
+ Service term may be renewed for any Program, at the then-current price, and
+ for the then-applicable term, as long as MathWorks offers such Software
+ Maintenance Service for such Program and provided the Licensee always
+ remains in compliance with the terms of this Agreement.
+
+ 10.4. For Student Licenses and Home Licenses: See the Student License and
+ Home License Installation and Use Addendum for the License Term.
+
+ 10.5. For Certain MDCS Uses: Licensee's use of MDCS in the manner
+ described in Section 3.3.2 of either the Installation and Use Addendum or
+ the Academic Installation and Use Addendum may be terminated at any time
+ upon sixty days' notice, or sooner if, for any reason, MathWorks is
+ involuntarily required to terminate the availability of such use.
+
+11. TERMINATION. MathWorks may terminate this Agreement and all Licenses
+granted hereunder by written notice to Licensee if Licensee breaches any
+material term of this Agreement, including failure to pay any License fees due,
+and Licensee has not cured such breach within sixty (60) days of written
+notification. MathWorks may immediately terminate this Agreement and all
+Licenses granted hereunder if, after requesting and failing to receive from the
+Licensee adequate assurances of compliance with the terms of this Agreement,
+MathWorks reasonably believes that Licensee is or is intending to breach any
+material term of this Agreement. MathWorks may immediately terminate upon
+notice this Agreement and all Licenses granted hereunder should Licensee breach
+the terms and conditions of Articles 4, 5, 7, and/or 12. If Licensee or any of
+its Affiliates commences or participates in any legal proceeding against
+MathWorks or any of MathWorks' Affiliates challenging or asserting any
+intellectual property rights in or against any of the Programs licensed
+hereunder, then MathWorks may, without waiving any other legal rights or
+remedies available to it, immediately terminate this License. The foregoing
+sentence only applies to (a) a Licensee who has as its principal business the
+holding of patents and who does not engage, either directly or through an
+Affiliate, in any material active business of making products that embody the
+patents or (b) a Licensee who engages, either directly or through an Affiliate,
+in a principal business of licensing or making available commercial off the
+shelf ("COTS") software to Third Parties. Licensee may terminate this License
+at any time, for any reason. Licensee shall not be entitled to any refund if
+this License is terminated, except for License fees paid for any Programs for
+which the Acceptance Period has not expired at the time of termination. Upon
+termination for any reason, Licensee shall promptly return all but archival
+copies of the Programs in Licensee's possession or control, or promptly provide
+written certification of their destruction.
+
+12. EXPORT CONTROL. The Programs may be subject to U.S. export control laws or
+other (U.S. and non-U.S.) governmental export and import laws and regulations.
+Notwithstanding any other term of this Agreement or Third Party agreement,
+Licensee's rights under this Agreement may not be exercised by Licensee or any
+Third Party in violation of such laws and regulations, nor may this Agreement
+be transferred to any party where doing so would result in such a violation.
+The terms of any limitation on the use, transfer or re-export of the Programs
+imposed by MathWorks in any Destination Control Statement or other document for
+the purpose of export control shall prevail over any term in this Agreement.
+It shall be Licensee's responsibility to comply with the latest United States
+or other governmental export and import regulations.
+
+13. FEDERAL ACQUISITION. This provision applies to all acquisitions of the
+Programs and Documentation by, for, or through the federal government of the
+United States. By accepting delivery of the Programs or Documentation, the
+government hereby agrees that this software or documentation qualifies as
+commercial computer software or commercial computer software documentation as
+such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS
+252.227-7014. Accordingly, the terms and conditions of this Agreement and only
+those rights specified in this Agreement, shall pertain to and govern the use,
+modification, reproduction, release, performance, display, and disclosure of
+the Programs and Documentation by the federal government (or other entity
+acquiring for or through the federal government) and shall supersede any
+conflicting contractual terms or conditions. If this License fails to meet the
+government's needs or is inconsistent in any respect with federal procurement
+law, the government agrees to return the Programs and Documentation, unused, to
+MathWorks.
+
+14. EUROPEAN UNION SOFTWARE DIRECTIVE. For any Licensed User properly licensed
+to use the Programs within the European Union, any contractual provisions of
+this Agreement contrary to laws implemented pursuant to Article 6 of Directive
+2009/24/EC of the European Parliament and of the Council of 23 April 2009 on
+the legal protection of computer programs or to the exceptions provided for in
+Article 5(2) and (3) of such Directive shall be null and void solely to the
+extent decompiling, disassembling, or otherwise reverse-engineering of the
+Programs is necessary to enable the Licensee to achieve the interoperability of
+an independently created program with the Programs or any other permitted
+objectives specified by such laws implemented under such Directive
+(collectively, the "Permitted Objectives"), consistent with the Directive,
+provided that any such information gained is used solely for such Permitted
+Objectives and solely in the European Union.
+
+15. TAXES, DUTIES, CUSTOMS. Absent appropriate exemption certificates or other
+conclusive proof of tax exempt status, Licensee shall pay all applicable sales,
+use, excise, value-added, and other taxes, duties, levies, assessments, and
+governmental charges payable in connection with this Agreement or the Licenses
+granted hereunder, excluding taxes based on or measured by MathWorks' income,
+for which MathWorks shall be solely responsible.
+
+16. ASSIGNMENT. Licensee may not assign or otherwise transfer this Agreement
+and any License hereunder, by operation of law or otherwise, without the
+written consent of MathWorks. Licensee agrees that MathWorks may withhold such
+consent if it determines, in its sole discretion, that a principal purpose of
+the acquisition of this License was to assign the License to a Third Party. In
+the case of any permitted or other lawful assignment or transfer, the terms of
+this Agreement including any License hereunder shall be binding upon, and inure
+to the benefit of, the transferee or assignee. MathWorks may charge Licensee
+an administrative fee for any permitted assignment.
+
+17. LIMITATION OF LIABILITY. The Programs should not be relied on as the sole
+basis to solve a problem or implement a design whose incorrect solution or
+implementation could result in injury to person or property. If a Program is
+employed in such a manner, it is at the Licensee's own risk and MathWorks and
+its Licensors explicitly disclaim all liability for such misuse to the extent
+allowed by law. MathWorks' and MathWorks' Licensors' liability for death or
+personal injury resulting from negligence or for any other matter in relation
+to which liability by law cannot be excluded or limited shall not be excluded
+or limited. Except as aforesaid, (a) any other liability of MathWorks and its
+Licensors (whether in relation to breach of contract, negligence or otherwise)
+shall not in total exceed the amount paid to MathWorks under this Agreement in
+the twelve month period preceding the claim in question, for the Program with
+respect to which the liability in question arises; and (b) MathWorks and its
+Licensors shall have no liability for any indirect or consequential loss
+(whether foreseeable or otherwise and including loss of profits, loss of
+business, loss of opportunity, and loss of use of any computer hardware or
+software). Some states do not allow the exclusion or limitation of incidental
+or consequential damages, so the above exclusion or limitation may not apply to
+Licensee.
+
+18. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that
+MathWorks, on its own behalf or through its Licensors, has the right to grant
+the License rights hereunder. MathWorks warrants that the physical media
+provided shall be free from defects in material and workmanship for a period of
+ninety (90) days from delivery, or it will be replaced by MathWorks at no cost
+to Licensee. MathWorks further warrants, for a period of one (1) year from
+delivery or for the term of the License, whichever is less, that each copy of
+each Program will conform in all material respects to the description of such
+Program's operation in the Documentation. In the event that a Program does not
+operate as warranted, Licensee's exclusive remedy and MathWorks' sole liability
+under this warranty shall be the correction or workaround by MathWorks of major
+defects within a reasonable time. Should such correction or workaround be
+impractical, MathWorks may, at its option, terminate the relevant License and
+refund the initial License fee paid to MathWorks for such Program. All
+requests for warranty assistance should be directed to The MathWorks, Inc., 3
+Apple Hill Drive, Natick, MA 01760-2098, U.S.A.
+
+19. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth in
+Article 18 of this Agreement (or as implied by law where the law provides that
+the particular terms implied cannot be excluded by contract), any and all
+Programs, Documentation, and Software Maintenance Services are delivered "as
+is" and MathWorks makes and the Licensee receives no additional express or
+implied warranties. MathWorks and its Licensors hereby expressly disclaim any
+and all other conditions, warranties, or other terms of any kind or nature
+concerning the Programs, Documentation, and Software Maintenance Services
+(including, without limitation, any with regard to infringement,
+merchantability, quality, accuracy, or fitness for a particular purpose or
+Licensee's purpose). MathWorks also expressly disclaims any warranties that
+may be implied from usage of trade, course of dealing, or course of
+performance. Except for the express warranties stated in Article 18 of this
+Agreement, the Programs, Documentation, and Software Maintenance Services are
+provided with all faults, and the entire risk of satisfactory quality,
+performance, accuracy, and effort is with Licensee. MathWorks does not warrant
+that the Programs and Documentation will operate without interruption or be
+error free. Some states and countries do not allow limitations on how long an
+implied warranty lasts, so the above limitation may not apply to Licensee. The
+warranty in Article 18 gives Licensee specific legal rights and Licensee may
+also have other rights which vary from state to state and country to country.
+Licensee accepts responsibility for its use of the Programs and the results
+obtained therefrom.
+
+20. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced
+and construed and the rights of the parties hereunder governed in all respects
+by the laws of the State of Delaware United States of America, without regard
+to its conflicts of law provisions, and both parties consent to the
+jurisdiction of the federal and state courts located in said State and consent
+to the service of process, pleadings and notices in connection with any and all
+actions initiated in such courts. The parties agree that a final judgment in
+any such action or proceeding shall be conclusive and binding and may be
+enforced in any other jurisdiction. To the extent any governing law, treaty,
+or regulation is in conflict with this Agreement, the conflicting terms of this
+Agreement shall be superseded only to the extent required by such law, treaty,
+or regulation. If any provision of this Agreement shall be otherwise unlawful,
+void, or otherwise unenforceable, that provision shall be enforced to the
+maximum extent permissible. In either case, the remainder of this Agreement
+shall not be affected. The parties agree that the U.N. Convention on Contracts
+for the International Sale of Goods shall not apply to this Agreement. The
+parties further agree that the Uniform Computer Information Transactions Act,
+or any version thereof, adopted by any state, in any form ("UCITA"), shall not
+apply to this Agreement. To the extent that UCITA is applicable, the parties
+agree to opt out of the applicability of UCITA pursuant to the Opt-Out
+provision(s) contained therein.
+
+21. COMPLIANCE WITH LICENSES. Licensee agrees to notify MathWorks promptly
+upon discovery of any failure to comply with this Agreement. Licensee agrees
+that, no more than once every twelve (12) months or within a reasonable time
+after a transfer, in addition to any other remedies at law or in equity,
+MathWorks or its authorized representative shall, upon reasonable prior notice,
+have the right to inspect Licensee's and Licensee's Affiliates' records,
+systems, and facilities, during normal business hours, to verify that
+Licensee's and its Affiliates' use of the Programs is in conformity with valid
+licenses and otherwise comply with this Agreement. If a verification discloses
+that Licensee's or any of its Affiliates' use is not in conformity with a valid
+license, Licensee shall immediately take all necessary steps to cure any past
+defaults, including paying any unpaid license fees, to bring Licensee's or any
+of its Affiliates' use into conformity.
+
+22. LICENSE MANAGEMENT. The Programs contain technology for the prevention of
+unlicensed use. The Programs require activation to exercise your rights under
+this Agreement. You may also need to activate if you redesignate the Programs
+on your License or modify your hardware.
+
+Activation associates the use of the Programs with a specific Computer, and in
+some cases the Licensed User. During activation, data about the Programs and
+the Computer will be transmitted to MathWorks. This data includes the License
+information, Computer identification, and location. Some License Options may
+require the MathWorks Account information and the operating system user name
+for the Licensed User. A License file will be provided to complete activation.
+
+23. HEADINGS. The inclusion of headings is for convenience of reference only
+and shall not affect the construction or interpretation of this Agreement.
+
+24. ENTIRE AGREEMENT. This Agreement, and any applicable Addendum thereto
+including any documents referenced therein are incorporated herein by
+reference, and contain the entire understanding of the parties and may not be
+modified or amended or superseded except by a written agreement signed by
+MathWorks and Licensee. Such written agreement may include, in addition to any
+other terms, restrictions on Licensee's use of the Programs that are in
+addition to or inconsistent with the terms set forth in this Agreement
+including any addendum to this Agreement. In the event of any conflict between
+this Agreement and any purchase order executed by Licensee (whether executed
+before or after this Agreement), this Agreement shall prevail.
+
+
+
+The MathWorks, Inc. Software License Agreement - Installation and Use Addendum
+
+This is an Addendum to The MathWorks, Inc. Software License Agreement (the
+"Agreement"), and the terms and conditions of this Addendum are incorporated
+therein. Each capitalized term used herein and not defined herein shall have
+the meaning ascribed to it in the Agreement.
+
+1. SCOPE. The Installation and Use provisions of this Addendum apply to each
+Program licensed under the Agreement. The applicable provisions are determined
+by the particular License Option that Licensee acquired, including those
+related to the permitted Activation Type associated with the License Option
+acquired.
+
+2. DEFINITIONS.
+
+ 2.1. Activation Type. One of the Standalone Named User, Designated
+ Computer, Network Named User, or Network Concurrent User Activation Types
+ available with respect to the License Option acquired.
+
+ 2.2. Licensed User. An individual authorized by the Licensee to use the
+ Programs for Licensee's Internal Operations, to the extent permitted by the
+ License Option acquired.
+
+ 2.3. License Option. The specific rights, restrictions, and obligations
+ under which Licensee may install and use a Program pursuant to the
+ Agreement, including those related to the permitted Activation Type
+ associated with the License Option acquired.
+
+ 2.4. Named User. A Licensed User designated and identified by Licensee as
+ the "Named User" for a License to a Program under either the "Standalone
+ Named User" or "Network Named User" Activation Type.
+
+3. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply
+to each License Option. Licensee's right to install and use the Programs is
+determined by the License Option acquired, including the permitted Activation
+Type with respect to such License Option. By accepting the terms and
+conditions of the Agreement, Licensee also accepts the License Option acquired.
+
+ 3.1. License Options.
+
+ 3.1.1. Individual. Except as specifically set forth in Section 3.3
+ hereof, the Individual License Option permits one Activation Type,
+ either the Standalone Named User Activation Type or the Designated
+ Computer Activation Type.
+
+ 3.1.2. Network Named User. Except as specifically set forth in Section
+ 3.3 hereof, the Network Named User License Option permits only the
+ Network Named User Activation Type.
+
+ 3.1.3. Concurrent. Except as specifically set forth in Section 3.3
+ hereof, the Concurrent License Option permits only the Network
+ Concurrent User Activation Type.
+
+ 3.2. Activation Types.
+
+ 3.2.1. Standalone Named User. Program use is restricted to the single,
+ designated Named User. Programs may be activated and used on one or
+ more individual Computers, provided the Programs are only accessible
+ to, and used by, the Named User for that License. The physical
+ locations of the Computers used by the Named User to run the Programs
+ are not limited; the Computers may be located at work, home, in a
+ laboratory, or on a laptop. Licensee may only designate one Licensed
+ User access to or use of the Programs under each Named User License. A
+ Computer login of a Named User may not be shared with any other
+ individual. Licensee may redesignate the Named User for a Program,
+ whether temporarily or not, no more than four (4) times in any twelve
+ (12) month period. A Named User may not use a Program on more than two
+ (2) Computers simultaneously. In the case of Standalone Named User
+ Licenses licensed as part of a group, Licensee shall be responsible
+ for, and shall assign an administrator the task of, administering the
+ Licenses and Programs, including new versions of the Programs delivered
+ during any paid Software Maintenance Service term.
+
+ 3.2.2. Designated Computer. The Programs may only be activated and used
+ on a single, physical (not virtual) designated Computer, provided the
+ Programs are only operated from that Computer's console by only one
+ Licensed User at any given time. Licensee may redesignate the Computer
+ for a Program to a different Computer, whether temporarily or not, no
+ more than four (4) times in any twelve (12) month period. In the case
+ of Designated Computer Licenses licensed as part of a group, Licensee
+ shall be responsible for, and shall assign an administrator the task
+ of, administering the Licenses and Programs, including new versions of
+ the Programs delivered during any paid Software Maintenance Service
+ term.
+
+ 3.2.3. Network Named User. Programs must be activated on a single
+ Computer. Licensee must run the License Manager and edit the Local
+ License Options file to maintain a list of Named Users authorized to
+ use each Program. Licensee may redesignate Named Users for a Program,
+ whether temporarily or not, no more than four (4) times in any twelve
+ (12) month period, provided the number of Named Users never exceeds the
+ number licensed per Program. Programs may be installed in a central
+ location or on individual Computers to accelerate startup times, as
+ long as the use on all Computers is controlled by the License Manager.
+ A Named User may not use a Program on more than two (2) Computers
+ simultaneously. A Computer login of a Named User may not be shared
+ with any other individual.
+
+ 3.2.4. Network Concurrent User. Programs must be activated on a single
+ Computer. Licensee must run the License Manager and may have only as
+ many Licensed Users simultaneously using a Program at any given time as
+ the number of Concurrent keys acquired for that Program. Subject to
+ the foregoing, a Licensed User of the Concurrent License Option may
+ utilize the Programs on any number of Computers served by a single
+ License Manager provided that, before using a Program on any Computer,
+ the Licensed User checks out a separate Concurrent key from the License
+ Manager for that Computer. Programs may be installed in a central
+ location or on individual Computers to accelerate startup times as long
+ as the use on all Computers is controlled by the License Manager.
+ Licensees of the Concurrent License Option are prohibited from
+ providing Program access to users located outside a single country
+ unless Licensee has contracted for global use. For the purposes of the
+ immediately preceding sentence, member countries of the North American
+ Free Trade Agreement ("NAFTA") shall be treated as a single country,
+ and Iceland, Norway, Switzerland, and any member countries of the
+ European Union ("EU") shall also be treated as a single country.
+
+ 3.3. MATLAB Distributed Computing Server.
+
+ 3.3.1 Licensees of the MDCS are permitted to install and make available
+ Programs, other than Programs that are technically limited or otherwise
+ limited as set forth at mathworks.com/ineligible_programs, on one or
+ more Computers ("Computer Cluster") solely for use through the MDCS,
+ provided that (1) the Programs on the Computer Cluster are controlled
+ by a single License Manager for each MDCS, (2) the number of
+ simultaneous Program sessions does not exceed the number of MDCS
+ workers acquired, (3) access to any Program, whether in the MDCS or
+ otherwise, remains limited to those persons who are Licensed Users of
+ such Programs and the Parallel Computing Toolbox ("PCT"); (4) access to
+ any worker must be enabled through a validly licensed use of the PCT;
+ and (5) access to any Program, including the MDCS, is not made
+ available (i) to any Third Party without the advance written consent of
+ MathWorks, or (ii) to any user outside the country for which the MDCS
+ is licensed, unless the Licensee has contracted for global use. For
+ the purposes of the immediately preceding sentence, member countries of
+ the North American Free Trade Agreement ("NAFTA") shall be treated as a
+ single country, and Iceland, Norway, Switzerland, and any member
+ countries of the European Union ("EU") shall also be treated as a
+ single country.
+
+ 3.3.2. Notwithstanding the restriction contained in Section 3.3.1(2)
+ immediately above but subject to all other restrictions in Section
+ 3.3.1, Licensed Users of MDCS may also scale the number of MDCS workers
+ on the following additional terms: (1) Licensee employs the MathWorks
+ Hosted License Manager ("MHLM") for its license management; and (2)
+ Licensee agrees, on behalf of its Licensed Users, to the terms of use
+ at mathworks.com/mdcstermsofuse, including the obligation to pay all
+ MDCS on-demand fees incurred by its Licensed Users applicable to their
+ on-demand use, if any, of MDCS workers [mathworks.com/mdcspricingpolicy
+ (which fees are separate from any fees that may be due to any cloud
+ providers for use of their platforms, products, or services)].
+
+ 3.4. MATLAB Production Server. Licensees of the MATLAB Production Server
+ ("MPS") are permitted to install and use MPS for the sole purpose of
+ scheduling and running Applications generated with Licensee's validly
+ licensed MATLAB Compiler Program, provided that the number of workers
+ running simultaneously on one or more computers does not exceed the number
+ of MPS workers acquired. Licensee may make the Applications running on MPS
+ accessible to end users globally, including Third Parties, via a web
+ interface, or other interface provided by Licensee, subject to the
+ restrictions of Section 5.2 of the Deployment Addendum.
+
+ 3.5. Polyspace Bug Finder and Polyspace Code Prover. Notwithstanding the
+ provisions of Section 3.2 above, the number of Polyspace verification runs
+ that a Licensed User may simultaneously execute using the Polyspace Code
+ Prover or the Polyspace Bug Finder shall not exceed the number of keys
+ available for the respective Polyspace Program.
+
+4. REMOTE AND SHARED OPERATION
+
+ Subject also to the foregoing:
+
+ 4.1. Remote Access to the Desktop: Using the Microsoft Remote Desktop
+ connection feature or similar technologies:
+
+ 4.1.1. Named Users and Network Named Users may remotely access Programs
+ for which they are licensed.
+
+ 4.1.2. Network Concurrent Users may remotely access Programs served by
+ the License Manager for the License under which they are operating.
+
+ 4.1.3. The Licensee of a Designated Computer Activation Type may designate
+ one Licensed User to remotely access the Programs licensed on the
+ Designated Computer for operation on that Designated Computer. Licensee
+ may redesignate such Licensed User, whether temporarily or not, no more
+ than four (4) times in any twelve (12) month period.
+
+ 4.2. Shared Access to the Desktop:
+
+ 4.2.1. A Licensed User using Microsoft Remote Assistance technology,
+ NetMeeting conferencing software, or similar technologies may share
+ remotely the desktop view of a Program session with another individual
+ for assistive or demonstrative purposes only.
+
+
+The MathWorks, Inc. Software License Agreement - Academic Installation and Use
+Addendum
+
+This is an Addendum to The MathWorks, Inc. Software License Agreement (the
+"Agreement"), and the terms and conditions of this Addendum are incorporated
+therein. Each capitalized term used herein and not defined herein shall have
+the meaning ascribed to it in the Agreement.
+
+1. SCOPE. The provisions of this Academic Installation and Use Addendum apply
+to each Program licensed under the Agreement at prices offered only to
+degree-granting educational institutions ("Academic prices") for Academic
+Internal Operations only, as defined below. Research and development divisions
+and centers of universities, U.S. government agencies and other not-for-profit
+organizations do not qualify for Academic prices. This Addendum imposes
+certain additional obligations and restrictions with respect to the Programs
+licensed at such Academic prices that are not contained in the Agreement. The
+applicable provisions are determined by the particular Academic License Option
+that Licensee acquires for each Program, including those related to the
+permitted Activation Type associated with the Academic License Option acquired.
+In the event of a conflict between the provisions of this Addendum and the
+Agreement, these Addendum provisions shall apply.
+
+2. DEFINITIONS.
+
+ 2.1. Academic Internal Operations. The installation and use of the
+ Programs by Licensed Users, in accordance with the Academic License Option
+ acquired, for the purpose of (i) in the case of employees (faculty and
+ academic staff), performing software administration, teaching, and
+ noncommercial, academic research in their ordinary course as Licensee's
+ employees; and (ii) in the case of enrolled students, meeting classroom
+ requirements of courses and study offered by the Licensee. Any other use
+ is expressly prohibited.
+
+ 2.2. Activation Type. One of the Standalone Named User, Designated
+ Computer, or Network Concurrent User Activation Types available with
+ respect to the Academic License Option Acquired.
+
+ 2.3. Licensed Users. All enrolled students and employees (faculty and
+ academic staff) of the Licensee who are authorized by Licensee to use the
+ Programs for Academic Internal Operations in accordance with the Agreement,
+ as revised from time to time, and to the extent permitted by the Academic
+ License Option acquired. As used herein, "employees" excludes
+ subcontractors and consultants of the Licensee.
+
+ 2.4. Academic License Option. The specific rights, restrictions, and
+ obligations under which Licensee may install and use a Program pursuant to
+ the Agreement, including those related to the permitted Activation Type
+ associated with the Academic License Option acquired.
+
+ 2.5. Named User. Licensed User designated and identified by Licensee as
+ the "Named User" for a License to a Program under the "Standalone Named
+ User" Activation Type.
+
+3. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply
+to each Academic License Option. Licensee's right to install and use the
+Programs is determined by the Academic License Option acquired, including the
+permitted Activation Type with respect to such Academic License Option. By
+accepting the terms and conditions of the Agreement, Licensee also accepts the
+Academic License Option acquired, and agrees to use the Programs only for
+Academic Internal Operations.
+
+ 3.1. Academic License Options.
+
+ 3.1.1. Individual. Except as specifically set forth in Section 3.3
+ hereof, the Individual License Option permits one Activation Type,
+ either the Standalone Named User Activation Type or the Designated
+ Computer Activation Type.
+
+ 3.1.2. Concurrent. Except as specifically set forth in Section 3.3
+ hereof, the Concurrent License Option permits only the Network
+ Concurrent User Activation Type.
+
+ 3.1.3. Classroom. Except as specifically set forth in Section 3.3
+ hereof, the Classroom License Option permits one Activation Type,
+ either the Network Concurrent User Activation Type or the Designated
+ Computer Activation Type. Notwithstanding the foregoing definition of
+ Academic Internal Operations, Programs licensed under the Classroom
+ License Option are further restricted to use in connection with
+ on-campus computing facilities that are used solely in support of
+ classroom instruction of students. Research use is not permitted.
+ Notwithstanding the restrictions contained in Sections 2.1 and 2.3
+ above but subject to all other restrictions in Sections 2.1 and 2.3,
+ Licensed Users of the Classroom License may also include visiting
+ instructors and contractors solely for the purpose of classroom
+ instruction or preparation for classroom instruction.
+
+ 3.2. Activation Types.
+
+ 3.2.1. Standalone Named User. Program use is restricted to the single,
+ designated Named User. Programs may be activated and used on one or
+ more individual Computers, provided the Programs are only accessible
+ to, and used by, the Named User for that License. The physical
+ locations of the Computers used by the Named User to run the Programs
+ are not limited; the Computers may be located at work, home, in a
+ laboratory, or on a laptop. Licensee may only designate one Licensed
+ User access to or use of the Programs under each Named User License. A
+ Computer login of a Named User may not be shared with any other
+ individual. Licensee may redesignate the Named User for a Program,
+ whether temporarily or not, no more than four (4) times in any twelve
+ (12) month period. A Named User may not use a Program on more than two
+ (2) Computers simultaneously.
+
+ 3.2.2. Designated Computer. The Programs may only be activated and
+ used on a single, physical (not virtual) designated Computer, provided
+ the Programs are only operated from that Computer's console by only one
+ Licensed User at any given time. Licensee may redesignate the Computer
+ for a Program to a different Computer, whether temporarily or not, no
+ more than four (4) times in any twelve (12) month period. In the case
+ of Designated Computer Licenses licensed as part of a group, Licensee
+ shall be responsible for, and shall assign an administrator the task
+ of, administering the Licenses and Programs, including new versions of
+ the Programs delivered during any paid Software Maintenance Service
+ term.
+
+ 3.2.3. Network Concurrent User. Programs must be activated on a single
+ Computer. Licensee must run the License Manager and may have only as
+ many Licensed Users simultaneously operating a Program at any given
+ time as the number of Concurrent keys acquired for that Program.
+ Subject to the foregoing, a Licensed User of the Concurrent License
+ Option may utilize the Programs on any number of Computers served by a
+ single License Manager provided that, before using a Program on any
+ Computer, the Licensed User checks out a separate Concurrent key from
+ the License Manager for that Computer. Programs may be installed in a
+ central location, on institution-owned or Licensee's faculty, research
+ and academic staff personally-owned computers to accelerate startup
+ times, as long as the installations on the individual Computers are
+ controlled by the License Manager. Licensee is prohibited from
+ allowing installation of the Programs on students' own computers.
+ Licensees of the Concurrent License Option are prohibited from
+ providing Program access to users located outside a single country.
+
+ 3.3. MATLAB Distributed Computing Server.
+
+ 3.3.1. Licensees of the MDCS are permitted to install and make
+ available Programs, other than Programs that are technically limited or
+ otherwise limited as set forth at mathworks.com/ineligible_programs, on
+ one or more Computers ("Computer Cluster") solely for use through the
+ MDCS, provided that (1) the Programs on the Computer Cluster are
+ controlled by a single License Manager for each MDCS, (2) the number of
+ simultaneous Program sessions does not exceed the number of MDCS
+ workers acquired, (3) access to any Program, whether in the MDCS or
+ otherwise, remains limited to those persons who are Licensed Users of
+ such Programs and the Parallel Computing Toolbox ("PCT"); (4) access to
+ any worker must be enabled through a validly licensed use of the PCT,
+ and (5) access to any Program, including the MDCS, is not made
+ available (i) to any Third Party without the advance written consent of
+ MathWorks, or (ii) to any user outside the country for which the MDCS
+ is licensed.
+
+ 3.3.2. Notwithstanding the restriction contained in Section 3.3.1(2)
+ immediately above but subject to all other restrictions in Section
+ 3.3.1, Licensed Users of MDCS may also scale the number of MDCS workers
+ on the following additional terms: (1) Licensee employs the MathWorks
+ Hosted License Manager ("MHLM") for its license management; and (2)
+ Licensee agrees, on behalf of its Licensed Users, to the terms of use
+ at mathworks.com/mdcstermsofuse, including the obligation to pay all
+ MDCS on-demand fees incurred by its Licensed Users applicable to their
+ on-demand use, if any, of MDCS workers (see
+ mathworks.com/mdcspricingpolicy). Any fees that may be due to any
+ cloud providers for use of their platforms, products, or services are
+ separate and are the responsibility of the Licensee.
+
+ 3.4. MATLAB Production Server. Licensees of the MATLAB Production Server
+ ("MPS") are permitted to install and use MPS for the sole purpose of
+ scheduling and running Applications generated with Licensee's validly
+ licensed MATLAB Compiler Program, provided that the number of workers
+ running simultaneously on one or more computers does not exceed the number
+ of MPS workers acquired. Licensee may make the Applications running on MPS
+ accessible to end users globally, including Third Parties, via a web
+ interface, or other interface provided by Licensee, subject to the
+ restrictions of Section 5.2 of the Deployment Addendum.
+
+4. REMOTE AND SHARED OPERATIONS
+
+ Subject also to the foregoing:
+
+ 4.1. Remote Desktop Access: Using the Microsoft Remote Desktop connection
+ feature or similar technologies:
+
+ 4.1.1. Named Users may remotely access Programs for which they are
+ licensed.
+
+ 4.1.2. Network Concurrent Users may remotely access Programs served by
+ the License Manager for the License under which they are operating.
+
+ 4.1.3. The Licensee of a Designated Computer Activation Type may
+ designate one Licensed User to remotely access the Programs licensed on
+ the Designated Computer for operation on that Designated Computer.
+ Licensee may redesignate such Licensed User, whether temporarily or
+ not, no more than four (4) times in any twelve (12) month period.
+
+
+ 4.2. Shared Access to the Desktop:
+
+ 4.2.1. A Licensed User using Microsoft Remote Assistance technology,
+ NetMeeting conferencing software, or similar technologies may share
+ remotely the desktop view of a Program session with another individual
+ for assistive or demonstrative purposes only.
+
+
+
+The MathWorks, Inc. Software License Agreement - Student License and Home
+License Installation and Use Addendum
+
+This is an Addendum to The MathWorks, Inc. Software License Agreement (the
+"Agreement"), and the terms and conditions of this Addendum are incorporated
+therein. Each capitalized term used herein and not defined herein shall have
+the meaning ascribed to it in the Agreement.
+
+1. SCOPE. The provisions of this Student License and Home License Installation
+and Use Addendum apply to the MATLAB and Simulink Programs and to any other
+Programs licensed under the Agreement at prices offered to students enrolled in
+degree-granting educational institutions ("Student Use prices") or to
+individuals for personal use ("Home Use Prices"). This Addendum imposes
+certain additional obligations and restrictions with respect to the Programs
+licensed at such Student Use and Home Use prices that are not contained in the
+Agreement.
+
+2. In the event of a conflict between the provisions of this Addendum and the
+Agreement, these Addendum provisions shall apply. In this Addendum, the
+license provided to students is referred to as a "Student License", and the
+license provided to individuals for personal use is referred to as the "Home
+License".
+
+3. RETURNS AND REFUNDS. Returns and refunds of Student License and Home
+License purchases are subject to the refund policies at the time and point of
+purchase.
+
+4. REGISTRATION AND ACTIVATION. The Programs contain technology for the
+prevention of unlicensed or illegal use of the Programs. Licensee agrees to
+the use and application of such technology in the Programs (a) to limit the use
+of the Programs by Licensee to a finite number of Computers, and (b) to require
+Licensee's registration of the Student License and activation of the Programs
+in advance of the use of the Programs (other than for temporary use) as further
+described in this Addendum and in the Documentation for the Programs.
+
+5. ELIGIBILITY, INSTALLATION, AND USE. Licensee agrees to the following
+eligibility and use restrictions of the Student License and the Home License:
+a Licensee of a Student License must be a student enrolled in a degree-granting
+educational institution or participating in a continuing education program at a
+degree-granting educational institution and may use the license only for
+student activities that are not commercial, for profit, professional, or
+revenue generating activities for the period of such student use; a Licensee of
+a Home License must be an individual and may use the license only for personal
+use and not for professional, academic, or commercial use, including for profit
+or revenue generating activities, and only for the period of such personal
+use.
+
+The Student License and Home License each permit the Licensee to use the
+Programs on one Computer that Licensee owns or leases provided (i) the Programs
+are only accessible to, and used by, Licensee, and (ii) Licensee has provided
+machine-specific identification for such Computer through the registration and
+activation process. Network installation is prohibited.
+
+6. SOFTWARE MAINTENANCE SERVICE. Software Maintenance Service is not available
+for a Student License or Home License.
+
+7. ASSIGNMENT. Neither a Student License nor a Home License is transferable.
+
+8. HIGH SCHOOL/PREUNIVERSITY USE. Teachers and students at preuniversity
+primary and secondary education schools may license the Student License or Home
+License. Teachers may also allow their students to use the Student License or
+Home License on the teacher's computer or school- owned computers.
+
+
+
+
+
+The MathWorks, Inc. Software License Agreement - Deployment Addendum
+
+This is an Addendum to The MathWorks, Inc. Software License Agreement (the
+"Agreement"), and the terms and conditions of this Addendum are incorporated
+therein for use of the Programs. Each capitalized term used herein and not
+defined herein shall have the meaning ascribed to it in the Agreement.
+
+1. PURPOSES. The Agreement contains restrictions prohibiting Licensee from
+modifying, distributing, or providing access to the Programs or any Program
+Components (as defined below), except as expressly provided in this Addendum.
+Because the Programs licensed by Licensee under the Agreement contain Source
+Code or Object Code Program Components, this Addendum sets forth the Licensee's
+rights with respect to creating software or applications using the Programs or
+any Program Component, as well as certain additional obligations related
+thereto. This Addendum also states restrictions and obligations with respect
+to the use of the Programs or any Program Component, which also may have a
+bearing on the creation or distribution of software or applications.
+
+MathWorks or its Licensors retain all right, title, and interest in its
+Programs, Program Components, and Derivative Forms of its Programs.
+
+2. USER CREATED FILES. This Addendum does not apply to MATLAB code files,
+Simulink model files, MEX-files, MAT-files, VHDL-files, Verilog-files,
+FIG-files and P-files that are created by Licensee and that do not include any
+code obtained from MATLAB code files, Simulink model files, MAT-files, P-code,
+C/C++ files, VHDL-files, Verilog-files, TLC-files, or other Source Code files
+supplied with the Programs ("User Files"). Licensee may distribute or
+sublicense without restriction, User Files provided that a principal purpose of
+the distribution or sublicense is not to replace or replicate a Program or any
+part of a Program.
+
+3. NONCOMPETITION. Notwithstanding anything else contained in this Agreement,
+Licensee agrees not to use, test, benchmark, reverse engineer or determine the
+expression or design of, the Programs, Derivative Forms, Generated Forms, or
+Program Components to make, or distribute its own or a Third Party's
+application or software, a principal purpose of which, as reasonably determined
+by MathWorks, is to perform the same or similar functions as Programs licensed
+by MathWorks or which replaces any component of the Programs. Licensee shall
+not otherwise use the Programs to compete with the products or businesses of
+MathWorks, including by distributing Libraries, or any form of an entire
+Program or a substantial portion of a Program.
+
+4. DEFINITIONS.
+
+ 4.1. Application. A software file that Licensee has created by either (a)
+ using a MathWorks Program to compile or translate Licensee created Source
+ Code or (b) incorporating or linking any part of any Source Code, library
+ file, or other Program Component provided with the Program. An Application
+ must contain original code developed by Licensee and must provide
+ substantial functionality not contained in, or provided by, the Program
+ Components that are incorporated into such Application. If a software file
+ created by a Licensee incorporates Program Components, but does not meet
+ the requirements of the previous sentence, then it is a Derivative Form (as
+ defined below). An Application may contain Linked Object Code which, if
+ such Object Code was not Linked to the Application and was a standalone
+ file, would otherwise have been deemed a Derivative Form.
+
+ 4.2. Application License. A license provided by Licensee to its end-users
+ for the installation and use of Licensee's Application and any Third Party
+ Software made available for use with the Application.
+
+ 4.3. Generated Forms. The output of the MATLAB Compiler, the MathWorks
+ Coder Programs, and other MathWorks' code generation Programs in the form
+ of Source Code or Object Code, as well as such Source Code converted to
+ Object Code or Linked forms.
+
+ 4.4. Derivative Forms. A software file that Licensee has derived from one
+ or more Program Components (including without limitation by incorporating,
+ translating, or modifying, in whole or in part, any Program Component), and
+ which, if modified or copied without MathWorks' authorization, would
+ constitute a copyright infringement or breach of the Agreement. A software
+ file created by Licensee which qualifies as an "Application" under the
+ above definition shall not be deemed a Derivative Form.
+
+ 4.5. Linked. An executable or loadable file created by a compiler or
+ linker program combining Object Code module files.
+
+ 4.6. MAT-file. The file format in which MATLAB stores data.
+
+ 4.7. MCR Libraries. MATLAB Compiler Runtime support libraries and other
+ files for deployment of Applications created with the MATLAB Compiler.
+
+ 4.8. Object Code. The code created by a system compiler from source code;
+ also called "machine- readable code". Object Code can be Linked with an
+ appropriate linker to resolve address references and may be combined with
+ other Object Code for targeted execution on a specific processor. Object
+ Code includes "Object Code libraries" and "shared libraries," which are
+ groupings of Object Code for specific purposes.
+
+ 4.9. Program Component. Any portion of, or file provided with, a Program.
+
+ 4.10. Source Code. Human-readable program code written in a higher-level
+ language such as C, C++, Java, MATLAB, MDL, VHDL, Verilog, or Fortran,
+ which must be translated or compiled into machine-readable language before
+ it can be executed by a computer. Source Code also includes header files
+ and other human-readable files necessary for a Program to be compiled in
+ the higher- level language.
+
+ 4.11. Standalone Application. An Application created using programming
+ languages and tools other than the Programs, which executes outside of the
+ Programs.
+
+ 4.12. Deployment Program. The MATLAB Compiler and any of MathWorks Coder
+ Programs as defined in Section 4.13 below.
+
+ 4.13. MathWorks Coder Programs. MATLAB Coder, Filter Design HDL Coder,
+ Simulink Coder, HDL Coder, Simulink PLC Coder, and Embedded Coder.
+
+5. DEPLOYMENT PROGRAMS. Licensed Users of MathWorks' Deployment Programs may
+automatically generate code from MATLAB code files, Simulink/Stateflow
+diagrams, and other representations, into Generated Forms. Furthermore,
+Licensee may copy and deploy these Generated Forms for use outside of the
+Programs.
+
+ 5.1. Deployment from MathWorks Coder Programs. MathWorks provides
+ directories of C, C++, Assembly, linker command files, template makefiles,
+ project files, and TLC source code files with Programs that implement the
+ real-time framework. Such files made available in any of the MathWorks
+ Coder Programs may only be modified and deployed in Source Code or Linked
+ Object Code form for different development targets when used with such
+ Programs or with code generated by such Programs as part of, and only as
+ required by, a larger Standalone Application. MathWorks Coder Programs
+ cannot be used to create an Application (a) providing capability similar to
+ the capabilities of any of the Programs; (b) providing functionality or
+ behavior similar to that of the MATLAB command line or scripting and
+ programming capabilities; (c) allowing operation of the code generation
+ capabilities of Programs; (d) providing access to an entire Program or a
+ substantial portion of a Program; or (e) enabling evaluation of end-user
+ code or expressions.
+
+ 5.1.1. Licensee may copy and deploy these files outside of the Programs
+ in Linked Object Code form or Source Code form, if only used in
+ combination with code generated by those Programs as part of a larger
+ standalone Application.
+
+ 5.1.2. No further fees shall be due to MathWorks for such deployment
+ within Licensee's Application, regardless of whether the Application is
+ deployed solely for Licensee's Internal Operations or to Third Parties.
+
+ 5.2. Deployment from MATLAB Compiler. Licensed Users may deploy copies of
+ Applications generated by the MATLAB Compiler that incorporate compiled
+ versions of MATLAB code files from licensed Programs required for such
+ Applications. Licensee may also use and distribute the MCR Libraries
+ together with such Applications for the sole purpose of running the
+ Applications. Licensee is prohibited from making copies of the MCR
+ Libraries accessible to any Third Party separate from or for use other than
+ with a Licensed User's Application, or provide the MCR for service bureau
+ or similar service use.
+
+ Licensee agrees to employ the same security measures to protect the MCR
+ Libraries as it uses to safeguard Licensee's own proprietary intellectual
+ property, but in no event less than reasonable care.
+
+ No additional license fees shall be due to MathWorks for the distribution
+ of the required MATLAB code files incorporated in the generated
+ Application, or for the distribution of the MCR Libraries when deployed
+ together with such Applications, regardless of whether the Application and
+ the MCR Libraries are distributed for the purposes of Licensee's Internal
+ Operations or to Third Parties.
+
+ 5.2.1. Licensed User may include, by compilation for deployment, only
+ those select MATLAB code files from the licensed Programs required for
+ the Application.
+
+ 5.2.2. In no event shall Licensee distribute any library header files.
+
+ 5.2.3. Licensee's Application may not provide capability similar to the
+ capabilities of any of the Programs or provide functionality or
+ behavior similar to that of the MATLAB command line or scripting and
+ programming capabilities, nor may Licensee's Application enable
+ evaluation of end-user code or expressions.
+
+ 5.2.4. Licensee's Application may not allow operation of the code
+ generation capabilities of Programs.
+
+ 5.2.5. Licensee's Application may not provide access to an entire
+ Program or a substantial portion of a Program.
+
+ 5.2.6. Licensee's Application incorporating any functionality of the
+ Parallel Computing Toolbox ("PCT") may enable the same or fewer number
+ of local workers provided by the PCT used to build the Application,
+ even if the Application's end user does not possess a license to the
+ PCT.
+
+ 5.2.7. Licensee shall include the notice "MATLAB(r). (c) 1984 -
+ [INSERT YEAR MATLAB VERSION PUBLISHED] The MathWorks, Inc." in the
+ deployed Application's About Box, or similar visible location, and in
+ the applicable documentation distributed with each copy of the
+ Application.
+
+ 5.2.8. Licensee may not modify or remove any proprietary notice or
+ license file that is included with the MCR Libraries.
+
+ 5.3. Real-Time Windows Target. Licensee may not incorporate Real-Time
+ Windows Target into an Application for deployment without contracting with
+ MathWorks for an OEM or VAR agreement.
+
+ 5.4. Simulink Real-Time. Licensee may develop Applications that
+ incorporate Object Code derived from Program Components of Simulink
+ Real-Time which are required for the Application and that have been
+ compiled or otherwise obtained from Simulink Coder on a single development
+ PC, download that Application to a target PC, and distribute that
+ Application beyond the target PC.
+
+ No further fees shall be due to MathWorks for such distribution of
+ Licensee's Application, regardless of whether the Application is
+ distributed solely for Licensee's Internal Operations or to Third Parties.
+ Additionally, the Simulink Real-Time License allows for the distribution of
+ API DLL's as part of the Application beyond the development PC. No further
+ fees shall be due to MathWorks for such distribution, regardless of whether
+ the API DLL's are distributed solely for Licensee's Internal Operations or
+ to Third Parties.
+
+6. OTHER SOURCE CODE AND SHARED OBJECT CODE LIBRARIES.
+
+ 6.1. Programs may include selected Source Code and shared Object Code
+ library files that implement various documented application programming
+ interface capabilities of the Programs for which the Source Code or shared
+ library file is part.
+
+ 6.1.1. Licensed User may use and modify the selected Source Code files
+ solely for creation of Licensee's own Applications. Licensee may copy
+ and distribute Object Code compiled from this Source Code, but only as
+ either standalone Object Code file (regardless whether a Derivative
+ Form) or Object Code Linked to the Application, and only for use with
+ and deployment of Licensee's own Application.
+
+ 6.1.2. Licensee may use, copy and distribute shared Object Code library
+ files (regardless whether a Derivative Form) for deployment of
+ Licensee's own Application, but only if a header file exists in the
+ Program for the shared library file. Licensee may not copy or
+ distribute header files themselves.
+
+ 6.1.3. Licensee may not transfer Source Code, development rights, or
+ development capabilities for any Source Code or Object Code to any
+ Third Party.
+
+ 6.2. MAT-files. Licensed User may create and distribute Applications that
+ read MAT-files using the MAT-file API, however, if such Applications are
+ distributed to Third Parties, they must also implement MAT-file write
+ capability.
+
+7. DERIVATIVE FORMS. A Licensee shall only be permitted to distribute a
+Derivative Form to Third Parties (a) to the extent expressly permitted under
+Articles 5 or 6 of this Addendum, or (b) subject to the requirements of this
+Article 7. A Licensee may only distribute a Derivative Form to a Third Party
+under this Article 7 if such Third Party is bound by a Software License
+Agreement with MathWorks that requires such Third Party to treat such
+Derivative Forms received from Licensee as such Third Party's own Derivative
+Form thereunder. Licensee agrees that if such a Third Party provides Licensee
+with software that is a Derivative Form under the terms of such Third Party's
+Software License Agreement with MathWorks (or would otherwise be a Derivative
+Form under the terms of this Agreement), then Licensee shall treat such
+software as a Derivative Form hereunder as if Licensee has modified or
+generated the software itself.
+
+8. WEB APPLICATIONS. Licensee may not provide access by means of a web
+interface to an entire Program or a substantial portion of a Program, to the
+MATLAB command line, or to any of the licensed Programs with code generation
+capabilities, nor may Licensee's Application enable evaluation of end-user code
+or expressions.
+
+For the Network Concurrent User Activation Type. Programs licensed under the
+Network Concurrent User Activation Type may be called via a web application.
+Such operation of an application via a web interface may be provided to an
+unlimited number of web browser clients, at no additional cost, for Licensee's
+own use for its Internal Operations, and for use by Third Parties.
+
+For the Network Named User and Standalone Named User Activation Types.
+Programs licensed under the Network Named User and Standalone Named User
+Activation Types may be called via a web application, and such application is
+only accessed by designated Network Named User or Standalone Named User
+licensees of such Programs.
+
+Programs licensed under any other Activation Type may not be called via a web
+interface.
+
+9. APPLICATION LICENSING. For any distribution of Applications containing
+Object Code or Generated Forms to:
+
+ 9.1. Licensee's internal organization: Licensee shall take appropriate
+ action by instruction, agreement, or otherwise with any recipients of the
+ Application, so as to enable Licensee to satisfy its obligations under the
+ terms of this Addendum and the Agreement.
+
+ 9.2. Third Parties: Your Application shall require acceptance of an
+ Application License whose terms and conditions are at least as restrictive
+ as the Agreement, unless the Application is part of an embedded system that
+ has no provision for licensing to its end users.
+
+ 9.2.1. The Application license for Third Parties must explicitly
+ exclude MathWorks and its Licensors from all liability for damages or
+ any obligation to provide remedial actions. In no circumstance shall
+ Licensee include a warranty for any form of a Program that is
+ inconsistent with or additional to the warranty contained in the
+ Agreement.
+
+ 9.2.2. The additional translation, use, and deployment rights granted
+ in this Addendum are nontransferable without MathWorks' consent and
+ shall not be conveyed in Licensee's Application license.
+
+ 9.2.3. All copyright and proprietary notices for the Programs that
+ appear in the original form delivered to Licensee shall be duplicated
+ and included with Licensee's own copyright notices for the Application,
+ wherever they appear.
+
+ 9.2.4. Licensee may not remove any copyright, trademark, logo,
+ proprietary rights, disclaimer or warning notice included on or
+ embedded in any part of the deployed Application.
+
+ 9.2.5. If Licensee's Application is generated with the MATLAB Compiler,
+ then Licensee's Application License shall include or incorporate by
+ reference the terms of the MCR Library License included in a text file
+ at [MCR Install Directory]\[version_number]\MCR_license.txt located
+ within the installation for the MCR libraries.
+
+ 9.3. Notwithstanding the termination of the Agreement, all valid
+ Application licenses shall remain and continue in full force and effect,
+ and, if the Agreement was not terminated due to: (a) Licensee's failure to
+ pay the applicable fees to MathWorks, (b) Licensee's violation of the
+ License restrictions, or (c) violation of MathWorks' proprietary rights in
+ the Programs; then Licensee may continue to use the Programs to support
+ Applications that have been placed in use pursuant to an Application
+ License prior to the effective date of termination.
+
+
+10. DISCLAIMER OF OBLIGATIONS AND LIABILITY.
+
+ 10.1. MathWorks shall have no support or warranty obligations, and
+ disclaims all liability, for Applications developed or distributed by
+ Licensee.
+
+ 10.2. Licensee agrees that prior to using, incorporating, or distributing
+ the Programs in any Application, it will thoroughly test and validate the
+ Application and the functionality of the Programs in that Application and
+ be solely responsible for any problems or failures.
+
+ 10.3. Licensee will defend, indemnify, and hold harmless MathWorks and its
+ Licensors, officers, directors, employees, agents and resellers from and
+ against any damages, liabilities, costs and expenses (including reasonable
+ fees of MathWorks' attorneys) arising out of any Third Party claim or
+ demand based on or arising from, out of or in connection with (i) the
+ creation, use, or distribution of any Applications by Licensee or any of
+ its Affiliates or (ii) the use of the Programs by Licensee or any of its
+ Affiliates.
+
+ 11. GENERAL. Licensee acknowledges and agrees that a breach of the
+ obligations set forth in this Addendum shall be a material breach of the
+ Agreement.
+
+
+
+03/2014
+PN 20359
+