Conditions of Use
This document defines the Conditions of Use ("Conditions") between the Licensee ("you" or "your") and Physical Numerics, LLC ("Physical Numerics") for using this website any associated software and documents ("the Products"). The Products are licensed and not sold, and are protected by copyright laws and treaties, as well as other laws and treaties for intellectual property. Physical Numerics owns intellectual property rights in the Products. Your license to use, download, copy or change the software is subject to protections of these rights and all the Conditions here.
By using this site, or selecting the "Accept" option while installing, or downloading or using the Products, you agree to these Conditions. You must agree to all the Conditions before you will be allowed to use the site, or to download, install, or use the Products. If you do not agree to all these Conditions, you must not use this site, or download, install, or use the Products.
Upon purchase of a product, Physical Numerics grants you a revocable, non-exclusive, non-transferrable, limited right to install and use a single copy of the purchased Products for personal and non-commercial purposes, and to make one archival copy of the Products. The archival copy must be on a storage medium other than a Hard Disk Drive (HDD) or Solid-State Drive (SSD), for example an optical disk such as a Compact Disc (CD) or Digital Versatile Disc (DVD), and may only be used for re-installation of the Products. This EULA does not permit the installation or use of multiple copies of the Products, or the installation of the Products on more than one computer at a given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Use or installation of multiple copies are only allowed if you provide an appropriate licensing agreement for each user and each copy of the Products. For further information on obtaining licenses for multiple copies or users of the Products, please contact:
Physical Numerics, LLC
P.O. Box 90221
Raleigh, NC 27675-0221
Restrictions on Use and Transfer
You may not assign your rights and obligations under these Conditions to redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to license the Products without the express written consent of Physical Numerics. You shall not decompile, reverse engineer, modify, disassemble, attempt to derive the source code of, or decrypt the Products. You shall not (a) make any modification, translation, or derivative work from the Products, (b) remove, alter, or obscure any proprietary notice, including any notice of copyright or trademark, of Physical Numerics or its affiliates, suppliers, partners, or licensors of the Products, (c) use the product to create a software, service, or product which is directly or indirectly competitive with or in any way a substitute for any service, product, or software offered by Physical Numerics, (d) use any proprietary information or interfaces of Physical Numerics, or other intellectual property of Physical Numerics in the design, development, manufacture, licensing, or distribution of any commercial products, services, or software.
You and Physical Numerics agree that in the event of a third-party claim that the Products or your possession or use of the Products infringes any third-party’s intellectual property rights, you (and not Physical Numerics) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You agree to notify Physical Numerics within thirty (30) days in writing of being notified of any such claim, at the address below:
Physical Numerics, LLC
P.O. Box 90221
Raleigh, NC 27675-0221
Physical Numerics may, in its sole and absolute discretion and at any time for any or no reason, suspend or terminate these Conditions and your rights hereunder with or without prior notice. If you fail to comply with any of the Conditions, then any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Physical Numerics. Upon termination, you shall cease all use of this site and the Products, uninstall them, and erase or destroy any archival copies of the Products.
Disclaimer of Warranties
You acknowledge and agree that the Products are provided on an "as is" basis, and that your use of or reliance upon the Products and any third-party content and services accessed thereby is at your sole risk and discretion. Physical Numerics and its affiliates, partners, suppliers, and licensors hereby disclaim, to the fullest extent permitted by law, any and all representations, warranties, and guarantees regarding the application and third-party content and services, whether express, implied, or statutory, and including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Under no circumstances shall Physical Numerics or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of the Products or any third-party content or services. Neither shall Physical Numerics or its affiliates, partners, suppliers, or licensors be liable for any such damages arising out of or in connection with your inability to access or use the Products and any third-party content or services. Such limitation of liability shall not depend on whether or not the damages were foreseeable, nor whether or not Physical Numerics was advised of the possibility of such damages. Without limiting the generality of this paragraph, the aggregate liability of Physical Numerics to you, whether under contract, tort, statute, or otherwise, shall not exceed the amount of sixty dollars ($60.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.