This End-User License Agreement ("EULA") is a legal agreement between the user and RetainX. This EULA agreement governs the users acquisition and use of RetainX software ("Software") directly from RetainX or indirectly through a RetainX authorized reseller or distributor (a "Reseller"). Please read this EULA agreement carefully before using the RetainX software. It provides a license to use the RetainX software and contains warranty information and liability disclaimers. When using a free trial of the RetainX software, this EULA agreement will also govern that trial. By registering and/or using the RetainX software, the users are confirming thier acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If the user are entering into this EULA agreement on behalf of a company or other legal entity, the user represents that they have the authority to bind such entity and its affiliates to these terms and conditions. If the user does not have such authority or if the user does not agree with the terms and conditions of this EULA agreement, do not utilize the Software, and the user must not accept this EULA agreement. This EULA agreement shall apply only to the Software supplied by RetainX herewith regardless of whether other software is referred to or described herein. The terms also apply to any RetainX updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Retainx and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives make no representations about the site, any products and services contained on the site or the suitability of the information contained in the materials, information, content, documents, and related graphics published on this site for any purpose. The site, any products or services (including without limitation, third party products and services) obtained through the site, and all such information, content, documents, and related graphics are provided for use at the user's own risk and "as is" without warranty of any kind. RetainX and/or its respective subsidiaries, affiliates, suppliers and licensors hereby disclaim all warranties and conditions with regard to this site, such products and services and such information, content, documents, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
RetainX hereby grants the user a personal, non-transferable, non-exclusive licence to use the RetainX software on the users devices in accordance with the terms of this EULA agreement. Users are permitted to load the RetainX software as necessary and under thier control. Users are responsible for ensuring thier devices meet the minimum requirements of the RetainX software.
Users are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software.
- License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content.
- Users may not copy, resell, distribute, reproduce or otherwise use the Software for any commercial purpose.
- Users may not allow any third party to use the Software on behalf of or for the benefit of any third party. The user may not use the Software in any way which breaches any applicable local, national or international law. The user may not use the Software for any purpose that RetainX considers is a breach of this EULA agreement.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to users. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. Users agree that RetainX will not be liable to the user or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
RetainX shall at all times retain ownership of the Software as originally utilized by the user. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of RetainX. RetainX reserves the right to grant licences to use the Software to third parties.
This EULA agreement is effective from the date users first use the Software and shall continue until terminated. User may terminate it at any time upon written notice to RetainX. The EULA will also terminate immediately if user fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and users agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. The EULA will also terminate immediately if users fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and users agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
To the maximum extent permitted by applicable law, in no event shall RetainX Structural Software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other loss) arising out of the use of or inability to use this Software. RetainX Structural Software makes no warranties, either expressed or implied, as to the quality and performance of the Software, that the calculations contained in the Software will meet users requirements, or that the operation of the Software will be uninterrupted or error free. Each user agrees that the Software is intended to aid users in performing engineering-oriented mathematical calculations, and that the results obtained from the Software do not necessarily constitute an acceptable engineering design or analysis. Each user agrees that results of the Software shall be reviewed by persons possessing experience and thorough understanding of the engineering principles that apply or might apply to the usage of and results of the Software. In no event shall RetainX Structural Software's total liability to users for all damages, losses, claims, and causes of action (whether in contract or otherwise) exceed the amount paid by the user for the Software.
RetainX is a structural analysis software and tool, please consult with a licensed engineer for projects and real-life applications. RetainX is not responsible for validating calculations or conditions of any user's design(s).
The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. RetainX, its licensors, and its third party service providers do not warrant that the services are accurate, complete, reliable, current, or error free. RetainX does not control, endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user, including moderators. While RetainX attempts to make user access to and use of our services safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of United States.