Single-seat Demonstration License Agreement to ENABLE

ENABLE Demo Overview

A 30-day demonstration version of ENABLE is available at no cost to evaluate the general capabilities of the software. This is a reduced capability version with limits on the number of random variables and only allows analytical functions. Follow the Demo link to request a demonstration version.

Intended Usage

Please describe your application for the ENABLE software.

•  Probabilistic and Reliability Predictions

Download Requirements

• Authenticity of requesting party will be verified by matching company/university/organization name and address to the email address.
• ENABLE licenses will not be sent to free email accounts such as yahoo or gmail. See Export and Domestic Control Statement below.
• To download the demonstration copy of ENABLE, fill in the registration information below.
• Once the registration has been completed and the license agreement accepted, SwRI will review for debarment or export restrictions prior to sending a license key and download instructions to the email address provided.

Export and Domestic Control Statement

Prior to authorizing a download of this software, SwRI will confirm that the export does not violate U.S. law, that the requesting party is not subject to debarment or any other export restriction imposed by any agency of the U.S. Government. This also includes a review of U.S organizations.

 

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Terms and Conditions

Print these Terms and Conditions

SOUTHWEST RESEARCH INSTITUTE (“SwRI®”) agrees to grant, and I/We (the "Licensee”) agrees to accept, a nonexclusive, non-transferable license (the “License”) to use the program delivered in executable code form, known as ENABLE, and documentation delivered with this Agreement (the “Program” and “Documentation”) under the following terms and conditions.

1. BACKGROUND. SwRI has developed a certain video-based, marker-less motion capture system for determining the 3-D, spatial-temporal joint kinematics of a subject (“MMoCap Technology”) such as, for example, Licensor’s Baseline MMoCap Technology, for licensing and for further development the MMoCap Technology by SwRI. SwRI owns the copyright to certain software relating to the MMoCap Technology known as the ENABLE Software Program (the “Program”), documentation delivered with this Agreement including without limitation operator manuals, training materials, and other user-oriented materials (the “Documentation”), and visual displays such as graphic user interfaces (the “Displays”), wherein the Program, Documentation, and Displays are collectively referred to hereinafter as the “Software”). SwRI is willing to allow the Licensee to utilize the Software on a single computer under the following terms and conditions set forth herein.

2. LICENSE. Licensee may use one copy of the program on a single computer or a single CPU for demonstration purposes. Licensee shall not network the program or otherwise use on more than one (1) computer at the same time. Licensee may not distribute the Software to a third party. The Software may not be changed or translated without the express written permission of SwRI. Licensee may copy for its own use and at its own expense an unlimited number of operator manuals, training materials, and other user-oriented materials, and customer must reproduce and include SwRI’s copyright notice on any copy. All right, title, and interest in and to the Software are and shall at all times remain the sole and exclusive property of SwRI. Licensee may not sublicense, assign, or transfer the Software except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.

3. TERM. This Agreement and the License shall be effective for a period of thirty (30) days commencing on the date the Software is delivered. The Licensee may terminate this Agreement and the License at any time by destroying the Software. The License will also terminate upon conditions set forth elsewhere in this Agreement or if the Licensee fails to comply with any term or condition of this Agreement. The Licensee agrees upon such termination or expiration of this Agreement to destroy the Software and, if requested, to certify in writing to SwRI confirmation of such destruction.

EXCEPT AS STATED ABOVE, THE LICENSED PROGRAM(S) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITED WARRANTY. SwRI warrants the Software to be free from defects in materials and workmanship under normal use by the original Licensee for a period of thirty (30) days from date of delivery. SwRI further warrants that it is the owner or licensee of the Software and that it has the authority to license the Software as set forth in this Agreement.

EXCEPT AS STATED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5. LIMITATION OF REMEDIES. The entire liability of SwRI and the Licensee’s role and exclusive remedy, is limited to the replacement of Software not meeting SwRI’s limited warranty provided such defective Software shall be returned to SwRI.

IN NO EVENT WILL SwRI OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR PATENT OR COPYRIGHT INFRINGEMENT OR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST DATA OR PROFITS, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SwRI OR OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY PARTY.

6. EXPORT/IMPORT COMPLIANCE. Without limiting the generality of the foregoing, Licensee specifically acknowledges and agrees that the Software is subject to U.S., foreign, and international export control, import, and economic sanctions laws and regulations and agrees to comply with all such applicable laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), in its use of and any other dealings involving the Software.

Licensee understands and agrees that the export, reexport, transfer (in-country), sale, lease, or supply, or any other access to or use of the Software to or in a third country or to, by, or for a different end-user or end-use may require a license or other authorization from the Government of the United States. Licensee warrants that it will not, directly or indirectly, export, reexport, transfer, sell, lease, supply, or allow access to or use of the Software to or by another end-user or third party, including a parent or affiliate company; or to, in, by, or for sanctioned, embargoed, or prohibited countries/regions, persons, or end-uses, without authorization from the U.S. government and the express written approval of SwRI. Licensee understands that countries/regions currently sanctioned or embargoed by the United States include, but are not limited to, Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine. Licensee further understands that persons subject to U.S. sanctions or other prohibitions include, but are not limited to, individuals or entities identified on or in the U.S. Department of Commerce’s Denied Persons List, Unverified List, or Entity List; the U.S. Department of State’s Nonproliferation Sanctions determinations; or OFAC’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or Sectoral Sanctions Identifications List. In certain cases, entities directly or indirectly 50% or more owned, in the aggregate, by listed individuals/entities also are subject to U.S. sanctions or prohibitions. Finally, Licensee understands that prohibited end-uses currently can include, but are not limited to, end-uses related to proliferation of nuclear weapons, maritime nuclear propulsion, missiles, rocket systems, unmanned air vehicles, or chemical or biological weapons, as well as military end-uses/end-users in certain countries (currently, China, Russia, Venezuela, and, in certain instances, Iraq) and certain energy projects in Russia or involving Russian entities.

Notwithstanding any other provision in this Agreement, SwRI shall have the right to terminate this Agreement or stop performance immediately upon the determination by SwRI, at SwRI’s sole discretion, that Licensee has breached, intends to breach, or insists upon breaching any of the provisions in this Export/Import Compliance provision. Licensee further understands and agrees that SwRI may at any time halt performance under this Agreement if such performance is not authorized under the EAR or any other applicable law or regulation or if any change in applicable law or regulation creates an unacceptable risk to SwRI if it continues to perform under this Agreement, which SwRI will determine at its sole discretion. Under any circumstance described in this paragraph, SwRI shall be released from responsibility for fulfilling its obligations under this Agreement and shall not be subject to any penalties for lack of performance or breach of this Agreement; and, if instructed by SwRI, Licensee must cease use of and/or destroy or return all copies of the Software immediately.

Licensee covenants and agrees to indemnify and hold harmless SwRI from and against any and all damages, claims, allegations, losses, liabilities, penalties, fines, costs, and expenses, including attorney’s fees, which arise out of, relate to, or result from Licensee’s failure to comply with the provisions of this Export/Import Compliance provision or any applicable export control, import, or sanctions law or regulation.”

7. COMPLIANCE WITH ANTI-BRIBERY AND CORRUPTION LAWS. Licensee, including its authorized representatives, understands and warrants that it will comply with all laws prohibiting bribery and corruption, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977 (“FCPA”), as amended, in performing any activities under this Agreement and any other agreement or understanding between the parties.

Licensee warrants and certifies that no officer, director, shareholder or owner of the Licensee’s business, including its authorized representatives, is a “foreign official,” as defined in the FCPA, or is related to a foreign official by blood, marriage or otherwise. If this situation changes at any time during the Term of this License Agreement, Licensee shall notify SwRI immediately.

Licensee warrants that it nor its authorized representatives have neither paid, offered, promised, or authorized to pay, nor shall it pay, offer, promise, or authorize the payment of, directly or indirectly, money or anything of value to: (i) any government, foreign official, agent, employee of any government department or agency, whether or not acting in an official capacity; (ii) any foreign governmental department, state-owned or run enterprise or agency representing a foreign government (iii) any political party or foreign official thereof or any candidate for political office; (iv) an officer or employee of a public international organization; or (v) any person knowing that all or any portion of such money or thing of value will be given or promised, directly or indirectly, to persons described in (i) or (ii) for purposes of:

a. influencing any act or decision of such entities or persons in their official capacity, including a decision to do or omit to do any act; or

b. inducing such entities or persons to use their influence with any government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality in order to obtain or retain business with, or directing business to, SwRI or to any person or entity.

8. GENERAL. This Agreement merges all prior written and oral communications regarding the Software and sets forth the entire agreement of the parties. This Agreement shall be construed in accordance with the laws of the State of Texas. Venue shall be in San Antonio, Bexar County, Texas. If any provision of this Agreement is ruled invalid under any law, it shall be deemed modified or omitted to the extent necessary, and the remainder of the Agreement shall continue in full force and effect. No purchase order or any other purchasing instruments issued by Licensee, even if such purchase order or other purchasing instrument provides that it takes precedence over any other agreement between the parties, shall be effective to contradict, modify, delete from, or add to the terms of this Agreement in any manner whatsoever. This Agreement constitutes the complete and exclusive statement of the agreement between the parties in the subject matter hereof.

 

We/I accept the Terms and Conditions as stated above.