PLUNIFY SOFTWARE LICENSE AGREEMENT REVISION 2016-07-05

Copyright (c) 2009-2018, PLUNIFY All rights reserved.

This Software License Agreement (the “Agreement”) is a legally binding agreement between the User of the software (the “User”) and PLUNIFY Pte Ltd (“PLUNIFY”), seated at 82 Lor 23 Geylang #05-14 Atrix Singapore 388409. By using or installing the software (as updated by PLUNIFY from time to time, the “Software”), the User is accepting to be bound by all of the terms and conditions of this Agreement.

Carefully read all terms and conditions of this Software License Agreement before you use the Software.

1. Grant of License.

The Software and all accompanying documentation (the “Documentation”) are licensed to the User under the terms and conditions set forth in this Agreement. Subject to such terms and conditions and subject to timely payment of the subscription fee to PLUNIFY, whichever the User has elected, PLUNIFY hereby grants to the User a non-exclusive, non-transferable right to use the Software and the Documentation.

2. Limitations on Use.

The User will not modify or translate the binary forms of the Software or the Documentation without the prior written consent of PLUNIFY. The User will not reverse engineer, decompile, disassemble or otherwise attempt to recreate the source code of the Software. The User will not separate from the Software any of the component parts of the Software.

3. Ownership and Copyright.

The User has not acquired, by virtue of this Agreement, any right of ownership in or to the Software, the Documentation or any related patent, copyright, trademark or other intellectual property right. PLUNIFY, its licensors and their respective licensors retain all right, title and interest in and to the Software, the Documentation and any and all copies thereof, except for the rights expressly granted to the User pursuant to this Agreement and as may be granted by PLUNIFY from time to time. Such right, title and interest of PLUNIFY is, and such right, title and interest of PLUNIFY’s licensors and their respective licensors may be protected by applicable copyright laws and international treaties.

4. Term and Termination.

The term of this Agreement commences upon the first use by the User of the Software and remains in effect throughout the use by the User of the Software. The term shall be free of charge by PLUNIFY to the User. If the User fails to comply with any of the terms and conditions set forth in this Agreement, then (a) this Agreement will automatically terminate, (b) notwithstanding such termination, the User will (i) destroy or permanently erase the Software and any and all copies thereof and (ii) destroy the Documentation and any and all copies thereof, and (c) PLUNIFY may exercise any or all remedies available to it under applicable laws. In addition, the User may terminate this Agreement at any time by (a) destroying or permanently erasing the Software and any and all copies thereof and (b) destroying the Documentation and any and all copies thereof.

5. Support.

The User shall receive best-effort support for installing, maintaining and operating the Software from PLUNIFY. The User thereto can contact PLUNIFY via electronic mail at the address: help@plunify.com.

6. NO WARRANTIES.

THE SOFTWARE IS MADE AVAILABLE TO THE USER ON AN “AS IS” BASIS WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions may not permit the exclusion of implied warranties; so the above exclusion may not apply to the User. The User may have other rights that vary from jurisdiction to jurisdiction.

PLUNIFY may from time to time, in its sole discretion, make available to the User, without charge, updates to the Software or the Documentation. No such action will create any warranty obligation on the part of PLUNIFY.

7. LIMITATION OF REMEDIES.

IN NO EVENT WILL PLUNIFY, ITS LICENSORS OR THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANY DAMAGES OR OTHER RELIEF WHATSOEVER ARISING OUT OF USER’S USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LEGAL FEES ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PLUNIFY, ITS LICENSORS OR THEIR RESPECTIVE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not permit the exclusion or limitation of incidental or consequential damages; so the above exclusion or limitation may not apply to the User.

8. Governing Law.

This Agreement will be governed by and construed in accordance with the laws of Singapore, without giving effect to the conflicts of laws principles thereof.

9. Other Terms.

Additional or different terms and conditions may be applicable to the User if so agreed in writing by the vendor of the Software, PLUNIFY, its licensors and/or their respective licensors.

10. Open Source Software.

The Software may contain the Open Source Software listed below. The full license text of all applicable agreements can be found under /misc/ThirdPartyLicenses in the installation directory of The Software.

10.1 Sun Java Runtime Environment

Terms and conditions applicable to this Open Source Software:

[The Sun Microsystems, Inc. Binary Code License Agreement] Copyright (c) 2008 Sun Microsystems, Inc. All rights reserved.

10.2 The Qt Toolkit

Terms and conditions applicable to this Open Source Software:

[GNU Lesser General Public License version 2.1 AND Digia Qt LGPL Exception version 1.1] Copyright (C) 2013 Digia Plc and/or its subsidiary(-ies).

10.3 Qt Solutions Archive

Terms and conditions applicable to this Open Source Software:

[GNU Lesser General Public License version 2.1 AND Digia Qt LGPL Exception version 1.1] Copyright (C) 2013 Digia Plc and/or its subsidiary(-ies).

10.4 7-Zip

The 7za command line utility is shipped in binary form with The Software. Redistribution is licensed under the following terms and conditions:

[GNU Lesser General Public License version 2.1] Copyright (C) Igor Pavlov.

10.5 Tcl

Tcl is maintained by a large comunity of developers worldwide at www.tcl.tk. Tcl is delivered in the following files:
– tcl85.dll
– tclpip85.dll
which were compiled from Tcl 8.5.13 source distribution available at: http://tcl.sourceforge.net/

[Tcl uses a BSD-style open source license: Tcl/Tk license distributed with The Software as tcl_license.terms] This software is copyrighted by the Regents of the University of California, Sun Microsystems, Inc., Scriptics Corporation, ActiveState Corporation and other parties.

10.6 Qtilities

Terms and conditions applicable to this Open Source Software:

[GNU Lesser General Public License version 2.1] Copyright (C) 2009-2014 Jaco Naude.

10.7 QConsole3

Terms and conditions applicable to this Open Source Software:

[GNU Lesser General Public License version 2.1] Copyright (C) 2013 Houssem BDIOUI.

10.8 Perl5

Perl5 is distributed in binary format with The Software through Strawberry Perl for Windows.

Terms and conditions applicable to this Open Source Software:

[GNU General Public License version 3.0] Perl5 is Copyright (C) 1993-2005, by Larry Wall and others.

10.9 R

R is distributed in binary format with The Software through the standard precompiled binary distributions available at www.r-project.org.

Terms and conditions applicable to this Open Source Software:

[GNU General Public License version 1.0] Please see r_copyrights.txt distributed with The Software for copyright information.

10.10 QCustomPlot

Terms and conditions applicable to this Open Source Software:

[QCustomPlot modified GNU Lesser General Public License version 2.1] Copyright (C) 2013, Emanuel Eichhammer.

10.11 Fugue Icons

These icons are licensed under a Creative Commons Attribution 3.0 License.

(C) 2013 Yusuke Kamiyamane, All rights reserved. http://p.yusukekamiyamane.com/

10.12 Google Breakpad

Terms and conditions applicable to this Open Source Software:

[New BSD License – https://code.google.com/p/google-breakpad/] Copyright (C) 2014, Google Inc. All rights reserved.

10.13 SQLCipher

Terms and conditions applicable to this Open Source Software:

[BSD License – http://sqlcipher.net/license/] Copyright (c) 2008-2012 Zetetic LLC Please see sqlcipher_license.txt distributed with The Software for the full license text.

11. Evaluation.

User accepts the following restrictions when using an evaluation license. (a) The Total Negative Slack or Worst Slack numbers are available but the tool settings and other information that can replicate the same result without InTime are obfuscated. (b) Results cannot be exported as a file or into a project. (c) Report files generated by InTime cannot be saved. (d) User may request for a temporary full license to verify the results, under the following conditions that in any instance where an InTime generated result, either exported from a full license or derived from InTime including, but not limited to data, files or charts, is deployed in a production design, the User agrees to purchase and convert the evaluation license into a corresponding full priced license.

Positive SSL Wildcard