License Agreement

ACCEPTANCE

THIS IS A BINDING AGREEMENT:  READ ALL TERMS; PRINT AND RETAIN A COPY.
IF THIS PRODUCT IS ABOUT TO BE DELIVERED BY MEANS OF AN INTERNET DOWNLOAD, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE CLICKING THE "I AGREE" BUTTON BELOW. CLICKING “I AGREE” INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS WORKLIFE FRAMEWORK LICENSE AGREEMENT (“AGREEMENT”). IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE “I DO NOT AGREE” BUTTON.

IF THIS PRODUCT WAS DELIVERED BY MEANS OF A PHYSICAL MEDIA CONTAINER SUCH AS A CD OR DVD, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THE MEDIA CONTAINER. OPENING THE MEDIA CONTAINER INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS WORKLIFE FRAMEWORK LICENSE AGREEMENT (“AGREEMENT”). IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD RETURN THE ENTIRE PRODUCT, WITH THE SEAL ON THE MEDIA CONTAINER UNBROKEN, TO THE SOURCE FROM WHICH IT WAS OBTAINED FOR A REFUND OF THE PURCHASE PRICE.

DEFINITIONS

Scientific Arts: Scientific Arts, LLC, with offices located at 103 Franklin St, Arlington, MA, 02474-3213, USA.

You/Licensee: The purchaser of this license. If You/Licensee agree to these terms on behalf of an organization, You represent to Scientific Arts, LLC that You are authorized to accept these terms on their behalf.

Software:  The WorkLife FrameWork computer programs and supporting files stored on the media that is enclosed in the media container included in the WorkLife FrameWork distribution or, if the WorkLife FrameWork computer programs and supporting files were downloaded from the Internet, the electronic materials that were downloaded.

Documentation: All manuals, user documentation, and other related materials pertaining to the Software, whether in printed or in electronic form, which are furnished to Licensee by Scientific Arts, LLC in connection with the Software.

Product: All the materials, including the Software, associated Documentation, and supporting files, provided by Scientific Arts, LLC under this Agreement.

Instance: Every time the Software is loaded into a Mathematica Kernel and/or FrontEnd, a WorkLife FrameWork Instance is begun. Some license versions allow more than one Instance to run concurrently. The maximum number of concurrent Instances that You may run can be determined by evaluating the parameter $WorkLifeInstances in a Mathematica session after A WorkLife FrameWork has been loaded.

Session: A session lasts from the time a the WorkLife FrameWork Instance is launched until it terminates.

Product Name: A WorkLife FrameWork™.

Product Class: A categorization of different WorkLife FrameWork products assigned to You based upon Your selected Computer Platform.

Computer Platform: The operating system family You agree to use the Product with is stated on Your License Certificate, or if no printed License Certificate is supplied then you may use the Product on the operating system family that your Mathematica License Certificate indicates.

Use Class: A categorization based on the ways in which the Product may be used. Your Use Class is stated on Your License Certificate.  If no printed License Certificate is supplied then you may use a single Instance of the Product with a single licensed copy of Mathematica at any one time.

License Class: A categorization of different WorkLife FrameWork licenses that indicates if the Product may be run on a network of computers. The License Class You selected is stated on Your License Certificate or, if no printed License Certificate is supplied then the Product may not be run on a network of computers and the License Class is a Single User License Class.

OWNERSHIP

Scientific Arts is the sole holder of the copyright to the Product with the exception of the portions of the Product licensed by Scientific Arts from the third-party owners of those portions. Scientific Arts, LLC is the holder of the copyright to the Software, including without limitation such aspects of the Software as its code, structure, sequence, organization, “look and feel”, programming language, and compilation of command names. Use of the Software, unless pursuant to the terms of a license granted by Scientific Arts, LLC or as otherwise authorized by law, is an infringement of the copyright.

A WorkLife FrameWork makes use, under license from Wolfram Research Inc. to Scientific Arts, LLC, of a modified version of the "Calendar Maker" code contained in the standard Mathematica distribution.  Wolfram Research Inc. is the sole owner of the copyright to the "Calendar Maker" code.  

MATHEMATICA REQUIRED

In order to use this Product you must use Mathematica, a software product licensed by Wolfram Research , Inc. 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. Scientific Arts does not guarantee that this Product will operate in conjunction with versions of Mathematica other than those listed in the product description. Scientific Arts does not guarantee that this Product will be compatible with future releases of Mathematica.

PERMITTED USES

Subject to the terms of this Agreement and Your acceptance thereof, Scientific Arts, LLC grants You a non-exclusive license to use the Product in Your License Class on the Computer Platform indicated on Your License Certificate, or if no printed License Certificate is supplied then you may use the Product in the License Class indicated above. 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, Scientific Arts is under no obligation to provide. If a license expiration date is indicated herein, Your license to use the Product terminates on that day. You are also authorized to:

a. for a Single User License Class, install and use the Software on a single online storage device (for example, a hard disk drive);

b. for a Network License Class, install and use the Software on any online storage device (for example, a hard disk drive) located at the physical site of Product registration;

c. maintain an archival copy of the Software on offline storage media (such as a CD);

d. transfer the license subject to the following conditions: (1) Your Use Class permits the transfer of this Agreement; (2) The transferee’s use of the license falls into the same Use Class; (3) You notify Scientific Arts, LLC in writing of Your decision to transfer this Agreement and certify that You have destroyed or given to the transferee all copies of the Software and other elements of the Product that You have ever had; and (4) The transferee accepts all the terms and conditions of this Agreement.

PROHIBITED USES

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. running more Instances concurrently than the maximum specified on Your License Certificate or as described above;

b. running the Software on a computer associated with a Product Class greater than the Product Class specified on Your License Certificate, or as described above;

c. running the Software described in the Product on a Computer Platform other than that specified on Your License Certificate, or as described above;

d. using the Product in a manner that violates the restrictions associated with the Use Class specified on Your License Certificate, or as described above;

e. using portions of the Product on separate computers (The Software may contain multiple executables; executables may not be installed or used on separate computers, even if the use is not concurrent);

f. decompiling, disassembling, or reverse engineering the Software in any way;

g. modifying the Software in any manner, except those portions provided in human readable form written in the Mathematica programming language and included as standard with the A WorkLife FrameWork Product;

h. distributing, publishing, transferring, sublicensing, lending, leasing, or renting the Product or any portion of the Software;

i. copying or allowing copying of the Product or any elements of the Product, except as permitted for the maintenance of an archival copy of the Software;

j. allowing access to the Product by any person other than Licensee. Access to the Product via a web server is only allowed pursuant to a valid web WorkLife FrameWork license agreement;

k. allowing access from multiple computers or terminals to a single Session simultaneously; and

l. removing any copyright, trademark, or other proprietary notices from the Product, or from any copies You are authorized to make pursuant to this Agreement;

m. using the Product in conjunction with unlicensed Mathematica software, or with Mathematica software operating under an invalid license;

Your license and right to use the Product automatically terminates if You violate any of these conditions or any other provisions of this Agreement.

LIMITED WARRANTY

Scientific Arts, LLC warrants that the Product shall be free from defects in the physical media for a period of ninety days following the date of purchase when used under normal conditions. Licensee acknowledges that Scientific Arts, LLC shall provide, as Your sole remedy for breach of this warranty, another copy of the physical media, or if this product was delivered by means of an internet download, then You may re-download the product.  THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SCIENTIFIC ARTS 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”. SCIENTIFIC ARTS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT OR THE SOFTWARE CONTAINED IN THE PRODUCT, INCLUDING WITHOUT LIMITATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INTEROPERABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH IS EXPRESSLY DISCLAIMED. SCIENTIFIC ARTS 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. SCIENTIFIC ARTS, AND ITS DISTRIBUTORS AND DEALERS, 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.SCIENTIFIC ARTS 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 WHICH VARY FROM STATE TO STATE. This Agreement is governed by the laws of the State of Massachusetts without effect to any choice-of law provisions.

LIMITED DAMAGES

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.

CHOICE OF LAW

This Agreement is governed by the laws of the Commonwealth of Massachusetts without effect to any choice-of-law provisions.

UNITED STATES FEDERAL GOVERNMENT RESTRICTED RIGHTS

If this Software is acquired by or on behalf of the U.S. federal government, this provision applies. Use, duplication, or disclosure of this Software is subject to restrictions set forth in FAR 52.227-19 and DFAR 227.7200–227.7202-4, as applicable. The Software is “commercial computer software” and is licensed with only “Restricted Rights”.

A WorkLife FrameWork is a trademark of Scientific Arts, LLC.

Mathematica is a registered trademark of WolframResearch, Inc.