5th April, 2005
The Wolfram Workbench provides tools for developing solutions and applications based on Wolfram products such as Mathematica, helping you to develop and deploy code.
Licensor: Wolfram Research, Inc. ("WRI"), with offices located at 100 Trade Center Drive, Champaign, IL, 61820-7237, USA and the Eclipse Foundation.
You/Licensee: The purchaser of this license. If You/Licensee agree to these terms on behalf of an organization, You represent to Licensor that You are authorized to accept these terms on their behalf.
Product: All the materials, including the software, any updates or modified versions thereof, and associated documentation, provided by Licensor under this Agreement.Licensor is the holder of the copyright to the Product, including without limitation, such aspects of the software as its code, structure, sequence, organization, "look and feel", and compilation of command names. Use of the Product, unless pursuant to the terms of this Agreement or as otherwise authorized by law, is an infringement of the copyright.
In order to use this Product you must use Mathematica, a software product licensed by WRI. This Product does not contain Mathematica nor does it grant you a license to use Mathematica; a license to use Mathematica must be obtained separately. WRI does not guarantee that this Product will operate in conjunction with versions of Mathematica other than those listed in the product description. WRI does not guarantee that this Product will be compatible with future releases of Mathematica.
Subject to the terms of this Agreement and Your acceptance thereof, Licensor grants You a non-exclusive license to use the Product. Your license terminates in the event that You receive a license to use an upgraded version of the Product in place of the Product, which upgrade, as well as any other improvement, enhancement or the like, Licensor is under no obligation to provide. You are also authorized to:
a. access the Product (whether by download or boxed media) and install and use the software on a single online storage device (such as a hard disk drive); and
b. maintain an archival copy of the software on offline storage media (such as a CD).
All uses of the software and other elements of the Product not specifically allowed in the Permitted Uses section of this Agreement are prohibited, including:
a. using the Product in conjunction with unlicensed Mathematica software, or with Mathematica software operating under an invalid license;
b. decompiling, disassembling, reverse engineering, or creating derivative works based upon the Product;
c. modifying the software's object code or documentation in any manner;
d. distributing, publishing, transferring, sublicensing, lending, leasing, renting, or otherwise transferring rights to the Product or any portion of the software;
e. copying or allowing copying of the Product or any elements of the Product, except for archival purposes as stated herein;
f. allowing access to the Product by any person other than Licensee;
g. removing any copyright, trademark, or other proprietary notices from the Product, or from any copies You are authorized to make pursuant to this Agreement; and
h. authorizing or assisting any third party to carry out any of the prohibited uses described in this paragraph.
Your license and right to use the Product automatically terminates if You violate any of these conditions or any other provisions of this Agreement.
Licensor warrants that the Product shall be operational once downloaded and installed. Licensee acknowledges that Licensor shall provide, as Your sole remedy for breach of this warranty, authorization and access to download another copy of the Product. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. LICENSOR DOES NOT WARRANT THAT THE PRODUCT IS FREE FROM ALL ERRORS AND OMISSIONS. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE PRODUCT IS PROVIDED "AS IS". LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT OR THE SOFTWARE CONTAINED IN THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INTEROPERABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.
IN ADDITION TO THE FOREGOING, YOU SHOULD RECOGNIZE THAT ALL COMPLEX SOFTWARE SYSTEMS AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS. LICENSOR, AND THE DISTRIBUTORS AND DEALERS OF LICENSOR, SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN THE PRODUCT, WHETHER OR NOT THEY ARE AWARE OF THE ERRORS OR OMISSIONS. LICENSOR DOES NOT RECOMMEND THE USE OF THE PRODUCT FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY, OR SIGNIFICANT LOSS.
Some states do not allow the exclusion of implied warranties, so this may not apply to You. This warranty gives You specific legal rights, and You may also have other rights that vary from state to state.
IN NO EVENT SHALL LICENSOR, OR THE DISTRIBUTORS OR DEALERS OF LICENSOR BE LIABLE FOR ANY LOST PROFITS, LOST BENEFITS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S JOINT CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, ACTIONS, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID FOR THE PRODUCT.
Some states do not allow certain limitations of damages, so the above limitations may not apply to You.
WRI is not affiliated with the Eclipse Foundation and disclaims on behalf of all contributors to Eclipse all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose. WRI further indemnifies contributors to Eclipse for all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits resulting from use of the Product. The source code for the Product is available upon request from WRI technical support at support@wolfram.com . For information about the Eclipse Foundation visit www.eclipse.org .
This Agreement is governed by the laws of the State of Illinois without effect to any choice-of-law provisions.
If this Product is acquired by or on behalf of the U.S. federal government, this provision applies. Use, duplication, or disclosure of this Product is subject to restrictions set forth in FAR 52.227-19 and DFAR 227.7200Ð227.7202-4, as applicable. This Product includes "commercial computer software" and is licensed with only "Restricted Rights".
Mathematica is a registered trademark of Wolfram Research, Inc.