CRTech Software Evaluation

Operating System Type

32-bit

64-bit

Compiler Type
SINDA/FLUINT requires the Intel Fortran Compiler (check system requirements for version information). If you do not currently have the Intel compiler, please select the Built-in Compiler.

Intel Compiler

Built-in Compiler

Software of Interest

Sinaps

Thermal Desktop

If you do not already have Autodesk's Autocad, please download the 30-day trial from Autodesk. AutoCAD is required with Thermal Desktop.

Contact Information

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License Agreement:

BEFORE YOU OPEN THE PACKAGE CONTAINING THE MEDIA OR USE THIS SOFTWARE, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY OPENING THE PACKAGE OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU SHOULD RETURN THE SOFTWARE UNUSED WITHIN FIFTEEN (15) DAYS OF PURCHASE AND YOU WILL RECEIVE A REFUND OF ANY MONEY WHICH YOU PAID FOR THE USE OF THIS SOFTWARE.

SINDA/FLUINT, Sinaps, Thermal Desktop
LICENSE AGREEMENT

Subject to the provisions contained herein, Cullimore and Ring Technologies, Inc. ("CRTech") hereby grants you a nonexclusive license to use Sinaps ("Software") contained in the package on one "Machine" or computer central processing unit.

SOFTWARE AND DOCUMENTATION. CRTech shall furnish the Software to you on media in machine-readable object code form and may also provide with the Software its standard manual containing instructions for operation and use of the Software ("Documentation").

LICENSE TERM. The term of this license commences upon delivery of the Software to you and is perpetual unless earlier terminated upon default by one of the parties or as otherwise set forth herein.

TITLE. Title, and ownership right, and intellectual property rights in and to the Software and Documentation shall remain in CRTech and/or in suppliers to CRTech of programs contained in the Software. You agree not to attempt to decipher or decompile the Software or knowingly allow others to do so. You also agree not to develop passwords or registration numbers, or to determine how CRTech develops such password(s) or registration numbers, or to otherwise enable any usage or feature on equipment or for users not licensed or to knowingly allow others to do so.

RESTRICTED USE. If CRTech identifies the Software as a "Standalone Version" or "Fixed License" the Software shall be used exclusively by you, your employees, and qualified consultants only on one (1) licensed Machine. If CRTech identifies the Software as a "Network License" or "Floating Version" you may install, access and use one (1) copy of the Software on your computer file server, for your own internal business needs, with the License Manager tool provided by CRTech. The Software may be installed on or accessed by other computers, or on an individual computer, as a multiple-user installation, so long as the maximum number of concurrent users does not exceed the permitted number. A consultant is qualified only if he/she has agreed to abide by the restrictions imposed upon you in this license. You shall not allow others to use or have access to the Software, either directly or indirectly. You may not modify the Software or Documentation or make derivative or compilation works of them. Documentation may be copied provided no alterations are made. Making copies of the Software, except for archival purposes or as an essential step in the utilization of the Software in conjunction with the Machine, without written authorization from CRTech is prohibited.

If replacement Software is provided to you by CRTech, you may retain prior Software and continue to use prior Software. Warranties described elsewhere in this agreement apply exclusively to the replacement Software. All other terms of this agreement apply to any retained copies of prior Software.

ADDITIONAL SITES. If you desire to use the Software on additional Machines you may do so by notifying CRTech and paying CRTech the amount listed on CRTech's then current price list, at which time this license will be expanded to cover your use of the Software on such new Machines.

NONTRANSFERRABLE. This license and the Software and Documentation to which it applies may not be transferred except to the extent that the Software and Documentation are transferred to successors of your business in which it is employed, or where written approval is obtained from CRTech. Written approval by CRTech shall not be unreasonably withheld. Written approval is not required for transfers due to merger, acquisition, divestitures, or sale of all or substantially all of its assets. CRTech must receive a written notification of these type of transfers. When Software and Documentation is so transferred, the terms and conditions of this License shall be binding on such successors.

FOREIGN DISTRIBUTION. Whenever the right to make a foreign distribution of materials comprising the Software and Documentation is obtained in writing from CRTech, you shall be responsible for obtaining any and all necessary export licenses or authorizations as may be required by the United States such as, but not necessarily limited to, those required by the Department of Commerce and/or the Department of State under Export Administration Act of 1969 (50 U.S.C. App. 2401 et seq., 15 C.F.R. Part 379) and the Mutual Security Act of 1954 (22 U.S.C. 1934, 22 C.F.R. Part 121 et seq.), respectively.

WARRANTY. CRTech warrants that the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. CRTech does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. CRTech's sole and exclusive obligation and liability for any breach of this warranty shall be, in CRTech's sole discretion: (i) to advise you on how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (ii) to replace or correct your defective media; or (iii) to credit or refund the purchase price paid by you for the license to the defective Software, including unused portion of the pre-paid maintenance. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY CRTech. CRTech MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO CRTech DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you, or if you violate the terms of this agreement, this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or programs other than the unmodified version of hardware and programs with which the Software was designed to be used as described in the Documentation.

Some states or jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary by state or jurisdiction.

LIMITED LIABILITY. Your sole and exclusive remedies for any damage or loss in any way connected with the Software, whether by CRTech's breach of any express or implied warranty, negligence, or breach of any other duty, shall be, and CRTech's option, repair or replacement of the Software or return for credit or refund of CRTech's purchase price for a license to such Software or Documentation. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall CRTech be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of CRTech's purchase price for a license to the Software and Documentation, even if CRTech shall have been informed of the possibility of such damages.
Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusion may not apply to you.

DISPUTE RESOLUTION. In the event the parties are unable to resolve any dispute or alleged breach of this Agreement: 
(a)	Each party agrees to submit the matter to an arbitration panel and make every good faith effort to resolve the matter.
(b)	The arbitration panel shall be made of three arbitrators to be nominated in accordance with the American Arbitration Association (AAA) rules.  The arbitration panel will follow the AAA rules except as set forth to the contrary in this Agreement.  Every effort will be made to accomplish the goals of arbitration, mainly to promptly resolve the matter with minimal cost.
(c)	The laws of Colorado shall govern this Agreement and any disputes arising there under.  The arbitration proceedings shall be conducted in Colorado, or such other place as may be mutually agreed by the parties.  The arbitration, regardless of location, will be conducted in English.
(d)	The prevailing party can file the order for enforcement in the jurisdiction having jurisdiction over the non-prevailing party. 
(e)	The order is binding unless appealed by the non-prevailing party.
(f)	The arbitrators shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and may not, in any even make any ruling, finding or award that does not conform to the terms and conditions of the contract.
(g)	The arbitrators shall award to the prevailing party, if any, as determined by the arbitrators, all of its costs and fees.  "Cost and fees" means all arbitrator's fees, administrative fees, travel expenses, out-of-pocket expenses, such as copying and telephone costs, witness fees and attorney's fees.
(h)	The proceedings and the resolution, order and terms will be confidential.

FORCE MAJEURE. No failure, delay or default in performance of any obligation of a party to this Agreement shall constitute an event of default or breach, to the extent that such failure to perform, delay or default arises out of a cause, existing or future, beyond the control and without negligence of the party otherwise chargeable with failure, delay or default.  Either party desiring to rely upon any of the foregoing as an excuse for failure, default or delay in performance shall, when the cause arises, give to the other party prompt notice in writing of the facts which constitute such cause; and, when the cause ceases to exist, give prompt notice of that fact to the other party.  This section shall in no way limit the right of either party to make any claim against third parties for any damages suffered due to said causes.  If any performance date under this Agreement is postponed or extended pursuant to this section for longer than thirty (30) calendar days, you, by written notice given during the postponement or extension, may terminate CRtech's right to render further performance after the effective date of termination without liability for that termination.

LIABILITY AND INDEMNIFICATION
Licensor shall indemnify, defend and hold licensee harmless from any and all claims, losses, deficiencies, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by Licensee as a result of any claim, judgment, or adjudication against licenseearising from a claim that licensee's use of the Licensed Software, documentation, services or any deliverables provided by Licensor pursuant to this License Agreement infringes any valid patent, any valid copyright, trademark rights or other intellectual property of a third party. Licensee shall notify Licensor in writing of such claim.

In the event that the Licensed Software is held by a court of competent jurisdiction to infringe a third party's proprietary rights, Licensor shall have the option, at its expense and sole discretion, to (a) modify the Licensed Software to be non-infringing, (b) obtain for licensee a license to continue using the Licensed Software, (c) substitute the Licensed Software with other software reasonably suitable to licensee, or (d) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Licensed Software and refund in one lump sum the fees paid for that Licensed Software and any unused portion of prepaid maintenance fees.

ADVERTISEMENT. CRTech shall not advertise, market, or otherwise disclose to others any information relating to the existence of this Agreement nor make use of your name, logo or marks, nor those of its subsidiary or affiliated companies.


NOTICE. Any notice required or permitted to be given under this Agreement must be in writing and will be deemed to have been sufficiently given if delivered in person, or if deposited in the U.S. mail, postage prepaid, for mailing by registered, certified mail, or overnight courier service and addressed as follows: 

If to you: 
	____________________________________
	____________________________________
	____________________________________

If to CRTech:	
	____________________________________
	____________________________________
	____________________________________

Either party may change its address for notice purposes by giving the other Party notice of such change in accordance with this Section.

MAINTENANCE AND SUPPORT. CRTech will provide to you any maintenance releases and new version releases that are generally available to end users who have purchased support. CRTech will provide user support for the most current maintenance releases made with respect to the current new version release. In addition, CRTech will provide user support, but not patch or defect repair support, for at least the last one (1) new version release immediately preceding the current version. CRTech will provide software patches only for the current new version release. You have the option of migrating to next generation versions of the licensed software with no additional software license fees, provided you have a currently active support contract. Next generation product functionality will be substantively similar to that of prior versions. CRTech will notify you 90 days prior to the expiration of the then current maintenance period of such expiration. 

TERMINATION. Either party may terminate this Agreement immediately in the event of default by the other party. Upon termination of this Agreement, you shall immediately discontinue the use of the Software and shall within fifteen (15) days return to CRTech all copies of the Software and Documentation. You may also terminate this Agreement at any time by destroying the Software and Documentation and all copies thereof. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement upon written notice, except for past due payments which customer will receive written notice and 30 days to cure breach.

MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU FOR THE SOFTWARE AND/OR DOCUMENTATION IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND CRTech AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND CONDITIONS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be ineffective, unenforceable, or illegal under certain circumstances for any reason, such decision shall not affect the validity or enforceability (i) of such provision under other circumstances or (ii) of the remaining provision hereof under all circumstances and such provision shall be reformed to and only to the extent necessary to make it effective, enforceable, and legal under such circumstances. This agreement shall be governed by and construed under Colorado law as such law applies to agreements between Colorado residents entered into and to be performed entirely within Colorado, except as required by U.S. Government rules and regulations to be governed by Federal law.

U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (C) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/manufacturer is Cullimore and Ring Technologies, Inc., 2501 Briarwood Dr, Boulder, Colorado 80305.

I have read and agree to the above License Agreement:

Export Control Warning:

You may not download or otherwise export or re-export CRTech software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident, of any OFAC or U.S. Embargoed Countries (Côte d'Ivoire/Ivory Coast, Cuba, Democratic Republic of the Congo, Iran, Libya, Republic of the Congo, Somalia, Myanmar, North Korea, Sudan, Syria), or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.

I have read and agree to the above Export Control Warning:



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