Quantitative Methods Software (hereafter "QMS") is a software application comprising a comprehensive set of quantitative decision making tools for academic, business, and scientific use. It solves models for most aspects of quantitative methods modeling and decision analysis, including linear programming, mixed-integer linear programming, assignment and transportation models, various network and forecasting models, inventory and production models and dynamic programming models. QMS also contains modules to solve production planning, decision theory, queuing systems, finite Markov chains, learning curves and standard simulation models.
Use of QMS implies acceptance of this Agreement, and legally binds you and/or your company (hereafter "Licensee"), and QuantMethods (hereafter "Licensor"), to the terms and conditions set forth below.
QMS may be installed on any number of host machines, as long as the number of concurrent users does not exceed the total number of users for which the applicable license fee has been paid.
The license is effective on the date you accept this agreement, and remains in effect until the expiration date, if any, determined by the applicable license fee paid or until you terminate it. If the license is terminated for any reason, you agree to destroy all copies of QMS in any form.
QMS is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. QuantMethods does not warrant that the functions contained in QMS will meet your requirements or that the operation of QMS will be uninterrupted or error free.
QMS 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 QMS could lead directly to death, personal injury, or severe physical or environmental damage ("HIGH RISK ACTIVITIES"). QuantMethods and its suppliers specifically disclaim any express or implied warranty of fitness for HIGH RISK ACTIVITIES.
In no event will QuantMethods or its dealers be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages arising from the use or inability to use QMS (whether or not due to any defects therein) even if QuantMethods or its dealers have been advised of the possibility of such damages, or for any claim by any other party (some states do not allow the limitation or exclusion of liability for consequential damages so the above limitation may not apply to you). In any case, QuantMethods' entire liability under any provision of this license agreement shall be limited to the greater amount actually paid by you for QMS.
This Agreement can only be modified by a written agreement signed by QuantMethods and you, and changes from the terms and conditions of this Agreement made in any other manner will be of no effect. If any portion of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. This Agreement shall be governed by the applicable laws of the State of Texas, United States of America.
All QMS software or access to a QMS server provided to or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. GOVERNMENT") pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All software or access provided to the U.S. GOVERNMENT pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as set forth in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
All rights not explicitly granted are reserved by QuantMethods including the right to modify the terms and conditions of this Agreement at any time and without prior notice.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between QuantMethods and you which supersedes all proposals or prior agreements, oral or written, and all other communications between QuantMethods and you relating to the subject matter of this agreement.
QuantMethods
9644 Oak Meadow Lane
Pilot Point, Texas 76258
U.S.A.
http://www.quantmethods.com/
sales@quantmethods.com