Altair Hyperworks - A Platform for Innovation™

Altair Engineering, Inc. Single User License Agreement for Altair HyperView Player

NOTICE

PLEASE READ THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY, BEFORE YOU INSTALL THE SOFTWARE. WHEN ACCEPTED BY YOU, IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND ALTAIR ENGINEERING, INC. (“ALTAIR” OR “WE”). BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

ALTAIR IS WILLING TO MAKE A FREE COPY OF THE ALTAIR HYPERVIEW PLAYER (“SOFTWARE”) AVAILABLE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND PROPERLY COMPLETE AND SUBMIT THE USER REGISTRATION INFORMATION (“REGISTRATION INFORMATION”) AS DESCRIBED BELOW. YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS BY CLICKING THE ICON LABELED “I ACCEPT” THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE ICON LABELED “DO NOT ACCEPT”, IN WHICH CASE YOUR REQUEST TO DOWNLOAD THE SOFTWARE WILL BE CANCELED. ALTAIR MAY WITHDRAW OR CHANGE THIS OFFER AT ANY TIME PRIOR TO YOUR ACCEPTANCE.

1. Ownership and License. This is a license agreement and NOT an agreement for sale. We continue to own the copy of the Software that you download and accompanying documentation provided to you. Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under U.S. or international copyright law or any other federal or state law. Nothing in this Agreement constitutes any grant to you of rights under our trademarks, logos or service marks. You hereby acknowledge that the Software contains valuable trade secrets belonging to Altair.
2. Permitted Uses. Subject to the conditions and limitations in this Agreement, you may install and use the Software on one single-user computer in your possession. You may not under any circumstances have the Software installed or in use on two or more computers at the same time. You may not install the Software on a network server. The Software is licensed as a single unit, and its component programs may not be separated for use on different computers. No license is granted to you on any version of the Software other than the version identified at the download site. Licenses to different versions may require a fee, and will be granted or withheld at Altair’s sole discretion.
3. Registration. The license granted to you is strictly conditioned upon your providing to us complete and accurate Registration Information. The term of this license (and your right to use the Software) commences upon our receipt of the Registration Information on the ‘download’ site.
4. Prohibited Uses. You may not, without written permission from us: (a) use, copy, modify, merge, or transfer copies of the Software except as expressly authorized in this Agreement; (b) make or use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose; (c) disassemble, decompile or “unlock,” reverse translate, or in any manner decode the Software for any reason; (d) place the Software onto a server so that it is accessible via a public network such as the Internet; or (e) sell, distribute, sublicense, lease, rent or otherwise transfer the Software. You acknowledge that the Software contains unique and valuable trade secrets of Altair, which you agree to keep confidential and not to appropriate for any purpose. You further acknowledge that the restrictions in clause (c) of this Section 4 are necessary to protect the trade secrets of Altair. The provisions of this Section 4 shall survive any termination of this Agreement.
5. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK FOR THE PERFORMANCE, NON-PERFORMANCE OR RESULTS OBTAINED FROM USE OF THIS SOFTWARE RESTS WITH YOU AND NOT ALTAIR. SOFTWARE MAY INCLUDE ERRORS AND THESE MAY AFFECT THE RESULTS THAT YOU OBTAIN WITH USING THE SOFTWARE. ALTAIR MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECT OF ANY DESIGN, PROTOTYPE OR FINAL PRODUCT DEVELOPED BY YOU USING THE SOFTWARE. TO THE EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. ALTAIR SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER KIND OF DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, DEFECTS IN DESIGN OR PRODUCTS CREATED USING THE SOFTWARE, OR ANY INJURY OR DAMAGE RESULTING FROM SUCH DEFECTS, SUFFERED BY YOU OR ANY THIRD PARTY, EVEN IF ALTAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to defend, indemnify, and hold harmless ALTAIR from any and all claims, including reasonable attorney’s fees, resulting from, or in connection with use of the Software.
7. United States Government Restricted Rights. This section applies to all acquisitions of the Software by or for the federal 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, Vendor may be contacted at Altair Engineering, Inc., 1757 Maplelawn Drive, Troy, MI 48084-4603; 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.
8. Export Controls. You acknowledge that the Software may be subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not directly or indirectly transfer, ship, or export the Software into any country or use the Software in any manner except in compliance with all applicable U.S. export laws and regulations. By downloading or using the Software, you warrant you are in compliance with all applicable U.S. export laws and regulations.
9. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software in your possession or by returning all such copies to us. This Agreement and your right to use this Software automatically terminate if you fail to comply with any material provision of this Agreement. Upon termination, you must stop all use of the Software and must destroy any copies that remain in your possession.
10. Miscellaneous Provisions. This Agreement shall be governed by the laws of the state of Michigan, without regard to that state’s conflict of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement if found void and unenforceable, the balance of the Agreement shall remain valid and enforceable according to its terms. Any controversy or claim arising out of or relating to this Agreement shall be settled by final and binding arbitration in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof. The exclusive venue for any dispute arising out of this Agreement shall be through binding arbitration held in Oakland County, Michigan, and you hereby irrevocably consent to jurisdiction of and venue of such arbitration in Oakland County, Michigan. This is the entire agreement between us relating to the Software and supersedes any prior purchase order, advertising, communication, whether written or oral, or any other representation concerning the Software. The failure of Altair to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of the right of Altair thereafter to enforce any such provisions. No change or modification of this Agreement will be valid unless it is in writing and is signed by us.

If you have any questions about this Agreement, write to us at Altair Engineering, Inc., 1820 E. Big Beaver Road, Troy, MI 48084-4603 or call us at (248) 614-2400.