International Simulation Driven Design Challenge for students – Application Form

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  • International Simulation Driven Design Challenge for students
    CAUTION! THIS LICENSE APPLIES TO SOFTWARE (THE “SOFTWARE”) WHICH IS IN ACCOMPANYING PACKAGING. YOUR OPENING OF THE LICENSED SOFTWARE PACKAGING, AND/OR YOUR USE OR INSTALLATION OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE “AGREEMENT”), AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY RETURN THE SOFTWARE FOR A REFUND OF ANY AMOUNTS PAID FOR THE SOFTWARE. MODIFICATION(S) OF THESE SOFTWARE LICENSE TERMS IS EXPRESSLY PROHIBITED.
    1. Definitions. (a) Software. The proprietary software and associated documentation available from Altair pursuant to this Agreement. (b) Copy. For purposes of this Agreement, the term "copy" shall be defined as any reproduction of the Software in whole or in part, in any form whatsoever, including but not limited to: print-outs on any legible material in any computer language; machine code or punched paper tape or the like; duplication in memory devices of any type, including random access memory, read-only memory or the like; recordings of any type, including magnetic recordings on any recordable material; or any handwritten or oral duplication or reproduction of the Software. (c) Use. For purposes of this Agreement, the term "use" shall be defined as operating the Designated Computer(s) with the Software in accordance with the terms and conditions of this Agreement. Use is specifically limited to participation in the “Altair International Simulation Driven Design Challenge for students”. Production, commercial and any for-profit use, including any use for which the Licensee is receiving funding from a third party, is strictly prohibited. Commercial licenses are available for purchase for for-profit applications. (d) Permitted User, You or Licensee. As used in this Agreement, the term "Permitted User" “You” or “Licensee” shall be used interchangeably and shall be defined as the student who has accepted these terms and conditions for use the Software. (e) Designated Computer. The specific machine / computer owned by Licensee onto which a node locked license for the Software is installed. (f) Suppliers. Any person, corporation or other legal entity which from time to time may provide to Altair software or documents included in the Software. 2. Term. The term of the Agreement shall be for one (1) year. Your Use of the Software shall be for an initial period of three (3) months, which may be extended pursuant to the rules of the “Altair International Simulation Driven Design Challenge for students”. 3. Payment. There is no fee to obtain the Software for the “Altair International Simulation Driven Design Challenge for students”. 4. Acceptance of the Software. Licensee shall be deemed to have accepted the Software upon Licensee’s installation and or Use of the Software. 5. Users. Use of the Software acquired pursuant to this Agreement is restricted to Licensee. 6. Restrictions on Use. Notwithstanding the foregoing license grant, Licensee shall not do (or allow others to do) any of the following: a) install, Use, copy, modify, merge, or transfer copies of the Software, except as expressly authorized in this Agreement; b) use any back-up copies of the Software for any purpose other than to replace the original copy provided by Altair in the event it is destroyed or damaged; c) disassemble, decompile or “unlock”, reverse translate, reverse engineer, or in any manner decode the Software for any reason; d) sublicense, sell, lend, assign, rent, distribute, publicly display or publicly perform the Software under this Agreement; e) Use the Software on any computer other than the Designated Computer; f) allow third parties to access or Use the Software such as through a service bureau, wide area network, Internet location or time-sharing arrangement; g) remove any Proprietary Rights Notices from the Software; or h) disable or circumvent the license management system provided with the Software. IN NO EVENT SHALL LICENSEE USE THE SOFTWARE FOR ANY PRODUCTION, COMMERCIAL OR FOR-PROFIT PURPOSES. For the purposes of this Agreement, the “Altair International Simulation Driven Design Challenge for students” is not considered commercial purposes. 7. Service and Maintenance. Operation and maintenance of the Software shall be performed by, and the responsibility of, the Licensee. Any assistance provided by Altair in connection with the use or maintenance of the Software shall be provided at Altair's discretion. Charges for such assistance, if any, shall be agreed to in writing by Altair and Licensee. 8. Ownership and Confidentiality. The Licensee hereby acknowledges that all applicable rights in patents, copyrights, trademarks, service marks, and trade secrets in the Software and any documents relating thereto are owned by Altair and/or its Suppliers. The Licensee further acknowledges that the Software and all the documents relating to the Software provided under this Agreement, and all copies and reproductions thereof, are and shall remain the sole and exclusive property and trade secret of Altair and/or its Suppliers. The Licensee agrees that it shall not engage in, or allow any Permitted User to engage in, any act which is inconsistent with, or may compromise or make less valuable Altair's or its Suppliers' ownership of, and rights in, the Software and in the documents relating thereto, and shall not remove any Proprietary Rights Notices from the Software. The Licensee agrees that it shall not modify or attempt to recreate any source code from the Software. The Licensee acknowledges that the Software entrusted by Altair to Licensee contains trade secrets of Altair and other unique and valuable proprietary information. To protect Altair’s trade secrets, Licensee shall not under any circumstances "unlock", disassemble, reverse engineer, reverse translate, decompile, or in any manner decode the Software for any reason. The Licensee agrees to protect and maintain the confidentiality of the Software and the documents relating thereto and to use the Software only with the Designated Computer. The Licensee shall not disclose or otherwise make available the contents of the Software or any document relating thereto to any person or entity except as expressly provided in this Agreement. The Licensee shall promptly notify Altair in the event any unauthorized person obtains access to the Software. Notwithstanding any other provision in this Agreement, if any of the provisions of this section are violated, Altair shall have the right, in addition to any other rights available to Altair, to terminate this Agreement and all of Licensee's rights hereunder immediately and without notice. In the event of such termination, Altair shall have no obligation to return or otherwise account to Licensee for any fees or other consideration paid by the Licensee prior to the date of termination. The parties agree that injunctive relief, in addition to any other right or remedy, is an appropriate remedy to enforce this section and Altair's proprietary rights should the need arise. Notwithstanding any other provision in this Agreement, the Licensee's obligation to protect and maintain the confidentiality of this Software and any of the documents relating thereto shall survive any termination or breach of this Agreement. 9. Warranties of Altair: (a) Altair warrants that it has the right to grant this license to the Licensee. (b) Altair does not warrant that the functions contained in the Software will meet Licensee's requirements, that the operation of the Software will be uninterrupted or error free or that each defect in the Software will be corrected (unless such defect causes the Software to fail to conform to its published specifications in a material fashion). (c) EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY. THIS DISCLAIMER OF WARRANTY IS IN LIEU OF ALL WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (d) IN NO EVENT SHALL ALTAIR OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING FROM OR IN CONNECTION WITH THE DELIVERY, LICENSE, USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, EVEN IF ALTAIR OR ANY OF ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALTAIR SHALL NOT HAVE ANY OBLIGATION TO FURNISH ASSISTANCE, INFORMATION OR DOCUMENTATION WITH RESPECT TO THE PACKAGE. LIABILITY OF ALTAIR AND ITS SUPPLIERS IN THIS AND ALL OTHER CATEGORIES AND FOR ANY AND ALL CAUSES, INCLUDING BREACH OF WARRANTY, SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED, IN THE AGGREGATE, TEN THOUSAND U.S. DOLLARS ($10,000.00). 10. Indemnification. In no event shall Altair or any of its Suppliers be liable to the Licensee or to any other person or entity for any loss, expense, or liability of any kind or nature suffered or incurred by the Licensee or by any person or entity, directly or indirectly, as a result of any incorrect or misleading conclusion, data or result obtained with the aid of, or through the use of, the Software, regardless whether such incorrect or misleading conclusion, data, or result is the result of an error or defect in the Software. Licensee shall Indemnify Altair for (i) any claim made against Altair due to any incorrect or misleading conclusions, data, or results which the Licensee has obtained with the aid of, or through the use of, the Software, regardless whether such incorrect or misleading conclusions, data, or results are the result of an error or defect in the Software; and (ii) any liability, loss, claim, or damage to persons or property arising out of the Licensee's possession, operation, or use of the Software except as expressly provided herein. 11. Compliance With Export Laws. Licensee agrees that it will not knowingly, directly or indirectly, export or re-export the Software or any part of the Software, except in compliance with the United States of America Export Administration Act of 1979, as amended, and all its applicable rules and regulations. 12. Termination. (a) Either party may terminate this Agreement upon 10 days prior written notice to the other party upon material breach by the other party of any of the terms or conditions hereof. (b) In addition, this Agreement may be terminated at any time by the mutual written agreement of the parties hereto. (c) Upon termination of this Agreement, the Licensee shall not make, and shall not allow any person or entity to make, any further use of the Software, and shall within 10 days of such termination, return the Software, and any copies made thereof, and any documents relating to the Software supplied hereunder, to Altair. 13. United States Government Restricted Rights. This section applies to all acquisitions of the Software by or for the United States government. By accepting delivery of the Software, the government hereby agrees that the Software qualifies as “commercial” computer software as that term is used in the acquisition regulations applicable to this procurement and that the government’s use and disclosure of the Software is controlled by the terms and conditions of this Agreement to the maximum extent possible. This Agreement supersedes any contrary terms or conditions in any statement of work, contract, or other document that are not required by statute or regulation. If any provision of this Agreement is unacceptable to the government, Licensee may be contacted at Altair Engineering, Inc., 1820 E. Big Beaver Road, Troy, MI 48083-2031; telephone (248) 614–2400. If any provision of this Agreement violates applicable federal law or does not meet the government’s actual, minimum needs, the government agrees to return the Software for a full refund. The following statement applies only to procurements governed by DFARS Part 227.4 (OCT 1988): The enclosed Software is provided with Restricted Rights -- Use, duplication, or disclosure by the U.S. Government or any of its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) [or (i)] of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988). 14. Notices. All notices given by one party to the other under this Agreement shall be sent by certified mail, return receipt requested, or by overnight courier. All notices shall be deemed given upon actual receipt. Notice to Altair shall be sent to Altair Engineering, Inc., 1820 E. Big Beaver Road, Troy, MI 48083-2031, Attn: Tom M. Perring. Notice to Licensee shall be sent to the address used during ordering process and on file with Altair. 15. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Michigan, without regard to its conflict of laws principles. The parties agree that all disputes shall be subject to the jurisdiction of courts in the State of Michigan. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior oral and written agreements and understandings relating thereto. No changes or modification of this Agreement shall be binding or valid. 17. Non-Transferability. The Licensee's rights under this Agreement shall not be assigned, sublicensed, or otherwise transferred without the prior written consent of Altair. Any attempted assignment, sublicense, or transfer shall be void.
 

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