Mathlink License Agreement

Pursuant to this Limited License Agreement ("Agreement") Wolfram Research, Inc. ("WRI") grants you ("Licensee"), free of charge, a nonexclusive, perpetual license to use, copy, and distribute MathLink ("the Program") for the purpose of enhancing the Mathematica^® interoperability of certain Licensee products and services ("Licensee Work"), provided that such use or distribution does not violate the terms of this Agreement.

1. Program Use
   Licensee can download, install, and use the Program. Licensee is permitted to distribute the Program for noncommercial purposes, provided that this Agreement is included with each such copy distributed. Any person or entity who obtains or uses a copy of the Program under or through this Agreement agrees to be bound thereby.
   
   
2. Ownership
   The Program and related user documentation are proprietary products of WRI and are protected under U.S. copyright law. All right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with WRI. This Agreement does not convey to Licensee an interest in or to the Program, but only a limited right to use the Program, revocable in accordance with the terms of this Agreement.
   
   
3. Restrictions
   Licensee agrees not to reverse assemble, reverse compile, or otherwise translate the Program. Licensee may not use, copy, modify, or distribute the Program (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by this Agreement.
   
   
4. No Warranty
   The Program is being delivered "as is" and WRI makes no warranty as to its use or performance. WRI and its suppliers do not and cannot warrant the performance or results licensee may obtain by using the program. Wri and its suppliers make no warranties, express or implied, as to non-infringement of third-party rights, merchantability, or fitness for any particular purpose. In no event will WRI or its suppliers be liable to licensee for any consequential, incidental, or special damages, including any lost profits or lost savings, even if a WRI representative has been advised of the possibility of such damages, or for any claim by any third party.
   
   Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so that all or some of the above limitations may not apply to all Licensees.
   
   
5. Jurisdictions
   This Agreement will be governed by the laws of the State of Illinois, USA, excluding the application of its conflicts of law rules. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
   
   
6. Waiver, Severability, and Merger
   The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement is the full and final expression of the intent of the parties with respect to the subject matter herein; this Agreement supersedes any prior or contemporaneous discussions, agreements, or representations by or between the parties hereto.
   
   
7. Export
   Licensee agrees not to ship or otherwise permit distribution of the Program into any country or for any use prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.
   
   
8. Term and Termination
   This Agreement is effective upon Licensee's execution of this Agreement, and shall continue until terminated. WRI may terminate this Agreement immediately in the event of any breach by Licensee of any term hereof. Upon such termination by WRI, Licensee agrees to destroy all copies or portions of the Program under its control.
   
   
9. Notice to Government End Users
   The Program is a "Commercial Item," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
   
   
10. Commercial Licenses
    Requests for Licenses to distribute the Program for commercial purposes should be directed to Legal Administration at Wolfram Research, 100 Trade Center Drive, Champaign, IL 61820, or by email to info@wolfram.com.
    
    

Please note that Wolfram Research's standard license agreements prohibit access to Mathematica through internet sites. Refer to the Mathematica License Agreement for further details. Information on licensing options for internet usage is available from WRI and our international resellers.

This Agreement may only be modified in writing, with the signature of an authorized officer of WRI.

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