\(\newcommand{\footnotename}{footnote}\) \(\def \LWRfootnote {1}\) \(\newcommand {\footnote }[2][\LWRfootnote ]{{}^{\mathrm {#1}}}\) \(\newcommand {\footnotemark }[1][\LWRfootnote ]{{}^{\mathrm {#1}}}\) \(\let \LWRorighspace \hspace \) \(\renewcommand {\hspace }{\ifstar \LWRorighspace \LWRorighspace }\) \(\newcommand {\TextOrMath }[2]{#2}\) \(\newcommand {\mathnormal }[1]{{#1}}\) \(\newcommand \ensuremath [1]{#1}\) \(\newcommand {\LWRframebox }[2][]{\fbox {#2}} \newcommand {\framebox }[1][]{\LWRframebox } \) \(\newcommand {\setlength }[2]{}\) \(\newcommand {\addtolength }[2]{}\) \(\newcommand {\setcounter }[2]{}\) \(\newcommand {\addtocounter }[2]{}\) \(\newcommand {\arabic }[1]{}\) \(\newcommand {\number }[1]{}\) \(\newcommand {\noalign }[1]{\text {#1}\notag \\}\) \(\newcommand {\cline }[1]{}\) \(\newcommand {\directlua }[1]{\text {(directlua)}}\) \(\newcommand {\luatexdirectlua }[1]{\text {(directlua)}}\) \(\newcommand {\protect }{}\) \(\def \LWRabsorbnumber #1 {}\) \(\def \LWRabsorbquotenumber "#1 {}\) \(\newcommand {\LWRabsorboption }[1][]{}\) \(\newcommand {\LWRabsorbtwooptions }[1][]{\LWRabsorboption }\) \(\def \mathchar {\ifnextchar "\LWRabsorbquotenumber \LWRabsorbnumber }\) \(\def \mathcode #1={\mathchar }\) \(\let \delcode \mathcode \) \(\let \delimiter \mathchar \) \(\def \oe {\unicode {x0153}}\) \(\def \OE {\unicode {x0152}}\) \(\def \ae {\unicode {x00E6}}\) \(\def \AE {\unicode {x00C6}}\) \(\def \aa {\unicode {x00E5}}\) \(\def \AA {\unicode {x00C5}}\) \(\def \o {\unicode {x00F8}}\) \(\def \O {\unicode {x00D8}}\) \(\def \l {\unicode {x0142}}\) \(\def \L {\unicode {x0141}}\) \(\def \ss {\unicode {x00DF}}\) \(\def \SS {\unicode {x1E9E}}\) \(\def \dag {\unicode {x2020}}\) \(\def \ddag {\unicode {x2021}}\) \(\def \P {\unicode {x00B6}}\) \(\def \copyright {\unicode {x00A9}}\) \(\def \pounds {\unicode {x00A3}}\) \(\let \LWRref \ref \) \(\renewcommand {\ref }{\ifstar \LWRref \LWRref }\) \( \newcommand {\multicolumn }[3]{#3}\) \(\require {textcomp}\) \( \newcommand {\emph }[1]{\mathit {#1}} \) \(\newcommand {\intertext }[1]{\text {#1}\notag \\}\) \(\let \Hat \hat \) \(\let \Check \check \) \(\let \Tilde \tilde \) \(\let \Acute \acute \) \(\let \Grave \grave \) \(\let \Dot \dot \) \(\let \Ddot \ddot \) \(\let \Breve \breve \) \(\let \Bar \bar \) \(\let \Vec \vec \)

16 Acknowledgements

Selected components of IventSim software were developed under support of the Foundation for Polish Science within the TEAM-TECH Program, cofinanced by the European Regional Development Fund, Smart Growth Operational Program 2014 - 2020 (project EDISOn: Electromagnetic Design of fexIble SensOrs), under agreement POIR.04.04.00-00-1DC3/16-00.

EULA

InventSim End-User Software License Agreement (EULA)

Licensor: EM Invent sp. z o.o., Trzy Lipy 3, 80-172, Gdansk, Poland

This End-User License Agreement (hereinafter ’Agreement’) is a legal contract between you, as either an individual or an Entity (hereinafter ’End User’ or ’Licensee’), and EM Invent sp.z o.o. (hereinafter ’EM Invent’ or ’Licensor’). By accepting this End User License Agreement (EULA) or by downloading or using the Software you signify that you have read and agree to all the terms of this license agreement.

Preliminary Statements

The licensor holds as proprietor and authorized agent the software copyright for the product InventSim - a 3D FEM Electromagnetic Simulation and Optimization Framework (hereinafter ’Software’). All industrial property rights to the Software delivered by EM Invent, and in particular the comprehensive copyright, together with all rights in the Software, documents and information provided as part of the preparatory phase of the Agreement and during its performance (including warranty and maintenance) shall remain with EM Invent and its licensor.

Software versions and License types

The Software is distributed in two versions: i) Full version with all functionality available and ii) Demo (or Lite) version with limited functionality.

The Software in Demo mode (or Lite version) is a free evaluation version of the Software that does not include the full functionality found in the full version. The Software in Demo/Lite version is provided ’as-is’ and EM Invent provides no support for the Demo version. The Software in Demo mode is made available to you for the purpose of demonstrating the program capabilities of the software so you can evaluate whether to purchase a full license of the software. Demo version can be used for educational and/or commercial activities, but without any warranty and on your own risk.

The Software in Full version is available in the following license types:

  • • Evaluation License: The Software may be used only for purposes of internal evaluation and demonstration of the capabilities of the Software. The Software may not be used to generate any work product that will be used in any Commercial manner.

  • • Education License: The Software may be used only for: (A) purposes directly related to learning, teaching, training and research that are part of the instructional functions performed by a formal educational institution, such as a degree-granting or certificate-granting college or university, or any other dedicated learning, teaching or training facility; or (B) training and education purposes by a Licensee engaged in Commercial activities. The Software may not be used to generate any work product that will be used in any Commercial manner.

  • • Commercial License: The Software may be used for Commercial or non-Commercial purposes.

The aforementioned license types are available either as perpetual license or time-limited license.

License Grant

The End User has, subject to the terms and conditions of this EULA, a non-exclusive license (’License’), to use the Software in object code format, solely for End User’s internal business purposes for the management and processing of its own data and not the data of any third party(ies). License is perpetual, unless the Software is delivered to End User as part of a Transaction on a non-perpetual basis for a defined period, rented or delivered for testing purposes, in such case, the End User’s right to use such Software will cease on the end date of the defined period.

The Software is provided to the End User for its own, internal use only. The End User is not permitted to hire out the Software in whole or in part, in whatsoever form or for whatsoever purpose. The End User shall not lend the Software, in whole or in part. The Licenses under these EULA are granted subject to the condition that the Software is operated by End User itself and not by any third parties. Prior to transferring the operation of the Software to the respective third party, End User shall be required to enter into the necessary written agreement with EM Invent.

EM Invent provides the End User with the software license key and/or USB dongle necessary to run the Software in Full version and verify the valid license. The End User shall ensure that the program key and the dongle are kept in a safe place. The End User bears the risk of dongle loss (including through theft and other forms of loss). If the dongle is lost, the End User shall purchase a new copy of the Software if it wants to continue to use the Software in accordance with the contract.

Restricted warranty

The licensor is not liable for damage or subsequent damage which the software causes to the licensee or a third party directly or indirectly. The licensor is not liable for certain performance results obtained by the licensed software. This also applies to the working order of the software for the agreed or other purposes. The licensee bears the risk of the economic utility. The licensee will inform the licensor about occurring quality defects provided they are based on technical software faults or if they are due to defective management of the programming tasks. The licensor will promptly transmit, on demand, all the necessary information and documents to eliminate any defects.

As far as permitted by law the licensor in regard to the software and the accompanying written documents declines any further warranties regardless of the fact if they were granted explicitly or tacitly, he also explicitly declines warranty for the usage and fitness for a certain purpose.

As far as permitted by law the liability for damage of any kind will be excluded as agreed. This includes direct and/or indirect damage from lost profits, operating trouble, or any other property loss or physical injury.

License for third party software

EM Invent has been granted licenses to distribute certain third party software. As a condition of those licenses, EM Invent is required to distribute the software subject to specific terms and conditions, which may be different from or additional to those contained herein for Software. Licensee understands and agrees that acceptance of this agreement also confirms Licensee’s acceptance of the applicable provisions for use, including the restrictions on use, of such third party software. Licensee may contact EM Invent to obtain the current applicable provisions. Licensee’s breach of the applicable provisions of any third party’s license terms shall also be considered a material breach of this Agreement.

EM Invent is explicitly excluded from all liability for damages of any kind which might be caused by any third party software with the Software. Additionally EM Invent is excluded from any obligation to provide remedial actions for damages of any kind which might be caused by any third party software.

Maintenance and Support

For the Full version of the Software EM Invent can provide to the Licensee software maintenance and support services, namely (i) making available to the Customer patches, fixes, updates and/or enhancements generally made available to customers from time to time, if any, and (ii) technical support, on an as-needed basis for the sole purpose of responding within a reasonable period of time and attempting to address technical issues relating to the use of the Software. This may include online technical support and telephone support. The support and maintenance services are provided by EM Invent only if a separate Maintenance and Support fees are paid by the Licensee.

Without limiting the generality of the foregoing, any requests by the Customer for additional features or functionality that fall outside of InventSim ongoing updates and/or enhancements of the Software are excluded from Maintenance and Support Services.

Usefulness clause

It is not possible to achieve useful results for practical purposes with the InventSim unless they are subjected to separate procedures in which all data are verified, tested and checked. In particular no product shall be constructed with the results obtained with the InventSim which have not been submitted to other known procedures of inspection, construction and subsequent tests of the product. The beta/Demo/Lite version of InventSim is only for testing the software and its capabilities. It should not never be used for designs that are going into production.

Infringements

EM Invent will not be held liable for any patent infringements committed by the end user as a result of the end user’s design, production, offer or distribution of patent protected components or structures created using the software covered by this contract. This Disclaimer refers in particular to infringements of Third Party Intellectual Property Rights.

Benchmarking

The EULA does not prevent End User from using the Software for internal benchmarking purposes. However, End User shall treat any and all benchmarking data relating to the Software, and any other results of your use or testing of the Software which are indicative of its performance, reliability or quality, as confidential information and you shall not disclose such information to any third party without the express written permission of EM Invent.

Export restriction

The Software and Documentation, including a third part software used, might be further subject to United States and European Union export controls. No software or Documentation may be Provided or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States or EU has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By Installing or using the Software or Documentation, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Reverse engineering

Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. If, however, you are a resident of the European Union (’EU’), information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs will be available to you from EM Invent upon written request.

Jurisdiction

This agreement is subject to the law of Poland. Place of jurisdiction is Gdansk (Poland).

References

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