CAREFULLY READ THE TERMS AND CONDITIONS BELOW AND IN ANY APPLICABLE ADDENDUM (HEREINAFTER, “TERMS AND CONDITIONS”) BEFORE INSTALLING OR USING THE PROGRAMS OR DOCUMENTATION. YOUR RIGHT TO USE ANY PROGRAMS AND DOCUMENTATION IS CONDITIONED ON ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS AND CONDITIONS. INSTALLING OR USING THE PROGRAMS MEANS YOU HAVE ACCEPTED THE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, RETURN THE PROGRAMS AND RELATED MATERIAL UNUSED TO YOUR VENDOR FOR A REFUND OR CEASE ANY AND ALL ATTEMPTS TO DOWNLOAD AND INSTALL THE PROGRAMS AND DELETE ANY MATERIAL DOWNLOADED. ANY THIRD PARTY HIRED TO INSTALL THE PROGRAMS ON BEHALF OF THE PURCHASER OF A LICENSE THERETO WHO CLICKS HIS/HER ACCEPTANCE OF THESE TERMS AND CONDITIONS UPON INSTALLATION HEREBY REPRESENTS AND WARRANTS THAT HE/SHE IS AUTHORIZED BY THE PURCHASER OF THE LICENSE TO ACCEPT SUCH TERMS AND CONDITIONS ON THE PURCHASER’S BEHALF.
Article (1) License Grant:
During the term of this License Agreement, Elnady Engineering & Agencies and any subsidiaries or affiliates of Elnady Engineering & Agencies grants to the licensee a non-exclusive, non-transferable, limited license to install, run, use, operate, and perform the SIDLAB software and documentation with examples therefore as provided herein. Certain third-party programs are sublicensed under different terms set by the publishers of such Third-Party Programs.
- Programs: The Licensee may get a license of a Single User License (SUL), a Multi-User License (MUL) or a Floating Network license (FNL) version of the Programs under this Agreement. For a Floating Network license, the license rights are for the number of concurrent users set forth on our invoice or the purchase order SIDLAB accepts. Programs licensed under one license type may not be run in integrated use with Programs licensed under another license type.
- Object Code: The license granted herein applies only to the object code version of the Programs. The Licensee shall have no rights whatsoever with respect to the source code for the Programs.
- Examples: Certain examples and tutorials provided by SIDLAB for use with the Programs may be used as a starting point in creating the Licensee own work and modified to form part of that work, in connection with authorized use of the Programs. These examples are found in the SIDLAB User Manual folder of the directory for the installation of the Program.
- Ownership: The Programs are licensed and not sold. All right, title and interest in and to the licensed Program and Documentation, including without limitation, copyrights and trade secrets, are, and shall at all times remain, the exclusive property of SIDLAB and/or those parties who have licensed Third Party Programs and other programs for incorporation into our Program, and the Licensee shall have no right, therein, except the expressly limited license rights granted herein.
- Non-transferable: The Licensee may not sell, license, sublicense, rent, or distribute any Program or Documentation, or make it available for use on a “time sharing” basis. Under this agreement the license may only be used by employees of the licensing company.
- Reservation of Rights: The Licensee may not, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create independent derivatives based on SIDLAB; copy SIDLAB (except for backup purposes); rent, lease, transfer or otherwise transfer rights to SIDLAB; or remove any proprietary notices or labels on SIDLAB.
- License Subject to Payment: The license granted herein is contingent upon the timely and complete payment of all amounts due and payable to SIDLAB or a distributor. The payment terms will be listed in the official invoice of every single order.
- Computer Locked Single User License (CPU) is registered to a company/university and it is only installed and operated on a single designated physical computer, provided the Program is only accessible to and operated by, a single licensed user at a time. Only one contact person will be authorized to get support from SIDLAB. If this person is changed, SIDLAB should be informed with the contact details of the new user. The Licensee may replace the designated computer for the license, on a permanent basis but no more than two (2) times a year. The CPU version of the Program may not be accessed or used over a network or remotely.
- Computer Locked Multi-User License (MUL) is offered with a discount for the users other than the first. All users must belong to the same company location.
- Floating Network License (FNL) may be installed in a central location on a single dedicated network server or on the server of a third party providing secure remote computing capacity through which the Program is made accessible for the Licensee use. The Licensee may have as many individuals using the Program at any given time as the number of concurrent users for which he/she has purchased FNL licenses for such Program. SIDLAB runs on local computers, with the network used only for license authentication. SIDLAB FNL Manager is installed on a server and provides this authentication. The Licensee may not provide access to the FNL version of SIDLAB to users located outside the territory in which the SIDLAB FNL Manager is installed.
- The fees for the license granted herein are determined based upon the installation and use of the Programs in the territory for which SIDLAB have issued the license. SIDLAB may charge the Licensee an additional fee for any installation or use of the Programs in any other territory.
- As used herein, “uninstalled” means completely removing the Programs from a computer on which they were installed or otherwise rendering such Programs inaccessible such as by destroying a hard drive on which Programs were installed or recycling a hard drive on which Programs were installed.
- Authentication and Validation: SIDLAB may use various technologies to authenticate and validate the use of the Programs and to process related information in SIDLAB information systems.
Article (2) Access to source code:
- There are two options when purchasing a SIDLAB License:
- Full License: Access to the MATLAB Source codes. Users have access to add, edit, update & delete MATLAB code function and m files related to SIDLAB.
- Compiled License: No access to the MATLAB source codes. Users don’t have access to add, edit, update & delete MATLAB code function and m files related to SIDLAB.
- In addition to Article (1)f, only the elements’ codes are open in the Full License and can be changed and modified by the user. The modified element codes can be shared but only with other SIDLAB users within the same company. Elnady Engineering & Agencies is not responsible for any erroneous results generated by such modified element codes.
- Some elements are labelled as Freeware. This label appears in the user’s manual and in the heading of the MATLAB file. All other elements are copyrighted. These copyrighted elements are listed in the user manual of each version. It is prohibited to use these elements outside SIDLAB. If the Licensee have suggestions for significant changes or modifications for an element, he/she should discuss a copyright release for the new code with SIDLAB.
- It is allowed to modify the elements in SIDLAB and share with other SIDLAB users. The Licensee may also copy the demo version of SIDLAB to test and demonstrate the software and its capabilities.
Article (3) License Term:
- License Validity
- Monthly Lease: One-month access to all SIDLAB Modules, Compiled version. Full technical support is included. If a decision is made to purchase a permanent license within 3 months after the lease ends, the cost of the lease is deducted from the permanent license price.
- Permanent: Lifetime access to the purchased modules. Maintenance subscription is included for one year. Maintenance subscription is optional after the first year.
- Unless terminated earlier according to the Terms and Conditions, this Agreement shall continue annually, for a term, or perpetually, as identified in the purchase order accepted by SIDLAB or in the invoice. Term licenses will end after their term unless the then-current term license fee has been previously remitted to SIDLAB. The Licensee shall have the right to use Programs licensed under a perpetual license indefinitely, subject to the termination as well as maintenance and support provisions of this Agreement.
Article (4) Trial License:
Trial license: If the Licensee have been granted a license to a trial version of any Program, i.e., to test the Program without any payment obligation, he/she may not use the Program for any commercial or production use, i.e., he/she may use the Program only to test the functionality of the Program.
Article (5) Delivery:
SIDLAB delivers the Program and Documentation to the Licensee in archival form over the Internet with installation materials which specify the Licensed Programs.
The end user is responsible to install the program according to the license terms and may get support, if needed, from SIDLAB technical team.
Article (6) Limited warranty:
- SIDLAB warrants:
- that we or our licensors have the right to grant the license rights hereunder;
- that for a period of ninety (90) days from delivery (“Warranty Period”) the licensed Programs shall conform in all material respects to their functional specifications in the Documentation.
- If a Program does not operate as warranted and the Licensee notify SIDLAB within the Warranty Period, the Licensee exclusive remedy and our sole liability shall be:
- the correction or workaround of major defects within a reasonable time.
- if such correction or workaround prove neither satisfactory nor practical, termination of the relevant license and refund of the initial license fee paid to SIDLAB for the Programs.
- All requests for warranty assistance should be directed to SIDLAB.
Article (7) Liability:
SIDLAB is supplied “as is.” Elnady Engineering & Agencies disclaims all warranties, expressed or implied, including –without limitation– the warranties of merchantability and of fitness for any purpose. Elnady Engineering & Agencies and the licensee are aware that functional defects in the licensed SIDLAB software cannot be totally ruled out, in the present state of technical knowledge, even if the very greatest care is taken. Elnady Engineering & Agencies assumes no liability for damages, direct or consequential, which may result from the use of SIDLAB.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Elnady Engineering & Agencies be held liable to the Licensee or any other person for any indirect, special, incidental, or consequential damages of any kind, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or all other commercial damages or losses. In no event shall Elnady Engineering & Agencies be liable for any damages in excess of the official list price for one license of SIDLAB, even if Elnady Engineering & Agencies shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to the Licensee.
Article (8) Maintenance:
- Software maintenance service will terminate upon expiration of the initial software maintenance period of twelve (12) months, which is included with the purchase of each license. That initial software maintenance period shall commence on the first day of the month following the month during which the Licensee requested to activate the License.
- Software maintenance services may be renewed for a period of twelve (12) months, at the then-current price, as long as SIDLAB offers such services.
- Software maintenance services are limited to the latest released version of the Program.
- Software maintenance services do not include installation and maintenance of the operating system, operating system configuration and hardware support.
- Software maintenance service includes:
- Support by telephone, or electronic mail, or online video/audio calls regarding the installation and/or use of the Licensed Programs and their operating environments.
- Any subsequent releases during the software maintenance period is delivered free of charge.
- Reasonable commercial efforts to provide
- workarounds within a reasonable time for any material programming errors in the current release of the Programs which are directly attributable to SIDLAB,
- correction of such errors in the next available release, provided the Licensee provides SIDLAB with sufficient information to identify such errors and to ensure their elimination from future releases.
Article (9) Termination:
- This agreement is valid as long as the copyright laws protect the SIDLAB software.
- The license to use the SIDLAB will terminate automatically if the Licensee breachs any of the Terms and Conditions.
- SIDLAB may terminate this Agreement by written notice to the Licensee within fifteen (15) days if the breach is for non-payment
- The Licensee may terminate this Agreement at any time for any reason, but he/she shall not be entitled to any refund except for license fees paid for the Program for which the Acceptance Period has not expired at the time SIDLAB receive the notice of termination
Article (10) Effects of termination:
- The Licensee’s rights shall stop, and all rights granted in this document shall revert to SIDLAB.
- The Licensee shall stop using the software.
- The Licensee shall erase all the copies of the software from his/her computer.
- The Licensee shall pay all amounts due to SIDLAB.
- The Licensee shall provide SIDLAB with a written declaration signed within 5 working days of the termination.
Article (11) Revised Terms and Conditions:
New releases of the Programs may be licensed under revised Terms and Conditions, and such revised Terms and Conditions shall be effective upon installation.
Article (12) Governing law:
The Agreement and all the Terms and Conditions shall be exclusively subject to the laws of Egypt.
Article (13) Severability:
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
Article (14) Entire Agreement:
- This Agreement contains all the information needed to be known for both parties.
- This Agreement may not be changed.
- Any contract, Purchase order or any other standardized business form issued by the Licensee & shall be effective to contradict, modify, add to or delete from the terms of this Agreement. The Licensee shall inform SIDLAB of any such requirements in advance, provided that such requirements do not conflict with any other laws.
Copyright © 2004–2020 SIDLAB
Protected by EU Trademark Number: 6351068, SIDLAB.
SIDLAB is protected by international copyright treaties. The title, ownership rights, and intellectual property rights in and to the content accessed through SIDLAB is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives the Licensee no rights to such content.
This Documentation and the Program described herein are furnished under the SIDLAB Software License Agreement and may be used or copied only under the terms of the license agreement. This software is owned by SIDLAB AB.
Elnady Engineering & Agencies, 2 Elgabal Elakhdar Buildings, Nasr City, 11471 Cairo, Egypt.
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