DEP MeshWorks Trial Version- Terms and Conditions
These terms and conditions are applicable to the person who downloads the DEP MeshWorks software by placing a request for free MeshWorks trial version on the website. DEP MeshWorks is the proprietary software platform of Detroit Engineered Products, DEP, Inc. (henceforth referred to as DEP), a US company with registered head office at 850 East Long Lake Road, Troy, MI 48085, USA.
By installing and using DEP MeshWorks which includes the software in object-code form, sample programs, and documentation, you will acquire a license to use the MeshWorks programs, and must be in agreement and accordance with the terms, and subject to the restrictions, contained below
BEFORE USING THE PRODUCT, PLEASE CAREFULLY READ THIS LICENSE, WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE TO USE THE MeshWorks PROGRAMS.
1.1 The MeshWorks trial version MAY NOT be used for commercial purposes.
1.2 You are granted a non-transferable and non-exclusive license to use the MeshWorks program, subject to the terms and conditions of this license.
1.3 You shall not delete, erase or otherwise remove any copyright or other notice appearing in or on the MeshWorks Programs.
1.4 The trial version of MeshWorks can only be legally run on the hardware/computer for which the Ethernet Host id was given, at the time the license key request was raised by you
1.5 If you desire to transfer the MeshWorks Programs to another computer / server, it may be done only with permission from DEP, and any license fees if applicable must be paid.
- RESTRICTION ON USE AND TRANSFER
2.1 You may not copy the MeshWorks Programs or otherwise make the MeshWorks Programs available, in whole or in part, to any other party, and may not take any action to modify, reverse assemble or reverse compile the MeshWorks Programs, or any part thereof. You may not sell, assign, give, sublicense in any manner or otherwise transfer by operation of law or otherwise, this license or the MeshWorks Programs to any third party without prior written approval by DEP.
- OWNERSHIP AND CONFIDENTIAL INFORMATION
3.1 DEP shall at all times retain sole title to and ownership of the MeshWorks Programs or any patent, copyright, trade secret, trade name, trademark or any other proprietary rights relating to the MeshWorks Programs. DEP may at any time replace, modify, alter, improve, enhance or change the MeshWorks Programs without prior notice.
3.2 The MeshWorks Programs and the associated documentation contains copyrighted and / or proprietary information of DEP. You may not disclose or otherwise make available the MeshWorks Programs or the associated documentation to any other. You may not remove or later any copyright notices or any proprietary legends on the MeshWorks Programs or the associated documentation. You must take such steps as are reasonably necessary to ensure continued confidentiality and protection of the MeshWorks Programs and the associated documentation as required hereunder and to prevent unauthorized access therto or use thereof by any associated employees, trainers, and trainees or any other entity.
- LIMITED WARRANTY
4.1 DEP warrants that the MeshWorks Programs will conform in all material respects to DEP’s then –current documentation with respect to the MeshWorks Programs under normal use and service without modification for 30 days from the date you receive the MeshWorks Program and have agreed to these terms and conditions.
4.2 DEP DOES NOT WARRANT THE RESULT OF ANY SUCH SERVICES OR WARRANT THAT ANY OR ALL FAILURES, DEFECTS OR ERRORS WILL BE CORRECTED OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MeshWorks PROGRAMS WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS SELECTED BY YOU. DEP MAKES NO REPRESENTATIONS REGARDING WARRANTY OR LIABILITY OTHER THAN AS STATED IN THIS SECTION 4.
- LIMITATION OF LIABILITY
5.1 IN NO EVENT SHALL DEP BE LIABLE TO YOU OR ANY TOHER PERSON OR ENTITY FOR SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF DATA OR LOSS OF USE DAMAGES) ARISING OUT OF THE USE OR DISPOSITION OF THE MeshWorks PROGRAMS.
6.1 The license provided as a part of the free MeshWorks trial is limited to 30 days only, and cannot be used subsequently, without permission of extension from DEP. After termination, the sections of this license entitled “Ownership and Confidential Information”, “Limited Warranty” and “Limited of Liability” shall survive.
7.1 You agree not to allow MeshWorks Programs to be sent to or used in any other country except in compliance with applicable laws and regulations of the country where the you are located. You agree to indemnify and hold harmless DEP as a result of any claim or damage resulting from your violation of any export law or regulation of the country where you are located.
- ANY GOVERNMENT USERS
8.1 In the MeshWorks Programs are acquired by or on behalf of a unit or agency of the Government, this provision applies. The MeshWorks Programs: (a) are trade secret of DEP for all purposed of the Freedom of Information Act; (b) is “commercial computer software” subject to limited utilization as provided in the contract between the vendor and the government entity; and (c) in all respects is proprietary data belonging to DEP.
9.1 If any provision shall be deemed by any court to be invalid, illegal, or unenforceable, such provision will be enforced to the maximum extent permissible by law, and the validity, legality and enforceability of the remaining provisions hereof shall not be affected for impaired.
9.2 This license supersedes all prior agreements except Memorandum of understandings between you and DEP related to the MeshWorks Programs and is intended to be the complete and exclusive statement of the terms of your license to use the MeshWorks Programs.
9.3 This license shall be governed by, and construed in accordance with the laws of Michigan State, USA.
- ACCEPTANCE OF THE TERMS AND CONDITIONS
10.1 The licensed use of the MeshWorks Programs is expressly conditioned upon your acceptance of these terms. You may accept these terms by selecting ‘I accept the Terms and Conditions’ checkbox at the time a request for the trial licence is placed by filling the online form(link). DEP’s acceptance of these terms is represented by delivery of the MeshWorks Software.