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Renesys Raceway™ End User License Agreement
for Non-commercial, Non-business Use
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE, OR DOWNLOADING, OR USING RENESYS OR RENESYS-SUPPLIED SOFTWARE.

BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

  1. DEFINITIONS

    a. "Raceway" ™ and "Raceway Software" shall mean the Java software library containing the fast parallel discrete event simulation SSF kernel, DML model configuration database, and any other included software developed by Renesys Corporation, in object code form only, together with the documentation.

    b. "You" shall mean the named person who accepts the terms of this license agreement.

  2. LICENSE

    a. Renesys Corporation grants you non-exclusive, non-transferable and limited license to use the Raceway™ Software free of charge if:

    i) You are a student, faculty member or staff member of a bona fide educational institution (K-12, junior college, college or university) in the US or another eligible country, or

    ii) You are a United States government employee.
    United States government prime contractors or subcontractors (at any tier) are not considered government employees for the purposes of this Agreement.

    b. This license is granted to you, and not to any public, private or governmental institution or entity.

    c. Under the terms of this Agreement, Raceway™ may not be used for any commercial or business purpose, whether "for profit" or "not for profit." Any work performed or produced as a result of the use of the Raceway Software cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration.

    d. You may:

    • Use Raceway™ on one or more computers.

    • Use Raceway™ on a network, provided that each person accessing Raceway™ through the network must have a copy licensed to that person.

    • Use Raceway™ to develop simulations and associated software for classroom use, provided that each person using Raceway™ must have a copy licensed to that person.

    • Copy Raceway™ for archival purposes, provided any copy must contain all of the original Raceway's™ copyright, license, and proprietary notices.

    • Distribute any simulations, models, and associated software that you developed using Raceway™, provided that any such simulations, models and software are made freely available to the worldwide community of Raceway™ users. The Raceway™ Software itself, however, cannot be included in any such distribution. Instead, your distribution may only provide a link to the Raceway™ download website at Renesys.

    e. You may not:

    • Redistribute the Raceway™ Software to any other individuals or organizations.

    • Permit other individuals to use the Raceway™ Software except under the terms listed above.

    • Modify, translate, reverse engineer, decompile or disassemble the Raceway™ Software.

    • Rent, lease, sell, or otherwise transfer rights to the Raceway™ Software.

    • Remove any copyright, licensing and proprietary notices or labels on the Raceway™ Software.

  3. TITLE

    You acknowledge and agree that you obtain no ownership rights in the Raceway™ Software under the terms of this Agreement, and that Renesys has and retains all title, interest, and ownership rights in Raceway™ Software. Raceway™ Software and associated documentation is protected by copyright laws and international treaties.

  4. DISCLAIMER OF WARRANTY

    The Raceway™ library is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of Raceway™ is borne by you. Should Raceway™ prove defective, you and not Renesys assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement.

  5. LIMITATION OF LIABILITY

    Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Renesys be liable for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, even if Renesys shall have been informed of the possibility of such damages, or for any claim by any other party.

  6. HIGH RISK ACTIVITIES

    Raceway™ Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Raceway™ Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Renesys specifically disclaims any express or implied warranty of fitness for High Risk Activities.

  7. TERMINATION

    Renesys shall have the right to terminate this license immediately upon your breach of, or noncompliance with, any of the License or Copyright terms. On termination, you must destroy all copies of the Raceway™ Software.

    You will be liable for any infringement or damages resulting from your failure to abide by the terms of this License. You agree to pay for all usual and customary legal fees and court and incidental costs should it be necessary for Renesys to bring legal action against you for an infraction of the License or Copyright terms.

  8. EXPORT CONTROLS

    None of the Raceway™ Software or underlying information or technology may be downloaded or otherwise exported into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Raceway™ Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  9. TECHNICAL SUPPORT

    Renesys is committed to support its software products, however, if you are using Raceway™ free of charge under the terms of this Agreement, you are not entitled to free support or assistance from Renesys. Renesys shall retain the copyright to all enhancements to the Raceway™ Software that may have resulted from your communication with Renesys.

  10. GENERAL

    a. This Agreement shall be construed pursuant to the laws of the State of New Hampshire, and applicable US federal laws.

    b. You consent to the public use of your name as a user of Raceway™, unless you notify Renesys in writing that you withhold such consent.

    c. This Agreement may not be modified or amended except by a writing which is signed by authorized representatives of each of the parties.

    d. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior oral or written promises or agreements. There are no promises, covenants or undertakings other than those expressly set forth in this Agreement.

    e. Nothing in this Agreement shall be deemed or construed by the parties or by any other entity to create an agency, partnership or joint venture between you and Renesys.

    f. If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of this Agreement will not be impaired thereby.


Renesys Corporation
Hanover, NH, USA