End-User License Agreement (EULA) of TUM FSD Counter Optimization Library ========================================================================= This End-User License Agreement ("EULA") is a legal agreement between you and Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen This EULA agreement governs your acquisition and use of our TUM FSD Counter Optimization Library software ("Software") directly from Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen or indirectly through a Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen authorized reseller or distributor (a "Reseller"). Please read this EULA agreement carefully before completing the installation process and using the TUM FSD Counter Optimization Library. It provides a license to use the TUM FSD Counter Optimization Library and contains warranty information and liability disclaimers. If you register for a free trial of the TUM FSD Counter Optimization Library, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the TUM FSD Counter Optimization Library, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. This EULA agreement shall apply only to the Software supplied by Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen herewith regardless of whether other software is referred to or described herein. The terms also apply to any Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. License Grant ------------- Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen hereby grants you a personal, non-transferable, non-exclusive licence to use the TUM FSD Counter Optimization Library on your devices in accordance with the terms of this EULA agreement. Restrictions ------------ You are permitted to load the TUM FSD Counter Optimization Library onto a device (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the TUM FSD Counter Optimization Library. You 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 or attempt to do any such things. - Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose. - Allow any third party to use the Software on behalf of or for the benefit of any third party. - Use the Software in any way which breaches any applicable local, national or international law. - Use the Software for any purpose that Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen considers is a breach of this EULA agreement. Intellectual Property and Ownership ----------------------------------- Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. 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 Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen. Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen reserves the right to grant licences to use the Software to third parties. Any publication or distribution (including but not limited to scientific works, technical reports, documents, websites and other media) of results or data obtained through the use of the Software, or of derived works, must cite the following publication in a form commonly deemed appropriate for the respective medium: > Braun, D., Schwaiger, F., Holzapfel, F., Diepolder, J., and Ben-Asher, J.Z., "COLIBRY - > A Counter Optimization Library for MATLAB," AIAA Scitech 2023 Forum, 2023. Limitation of Warranty and Liability ------------------------------------ YOU EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE SOFTWARE AND OF ANY GENERATED CODE OR DATA OR ANY DERIVATIVE WORKS THEREOF IS AT YOUR SOLE RISK. Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGE CAUSED BY THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY GENERATED CODE OR DATA OR ANY DERIVATIVE WORKS THEREOF. THUS, YOU SHALL INDEMNIFY AND HOLD HARMLESS Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen FROM ANY THIRD PARTY CLAIMS BASED ON THE USAGE OF OR INABILITY TO USE THE SOFTWARE OR ANY GENERATED CODE OR DATA OR ANY DERIVATIVE WORKS THEREOF. NEITHER PARTY SHALL MAKE A CLAIM AGAINST, NOR BE LIABLE TO THE OTHER PARTY OR TO ANY AFFILIATE OF THE OTHER PARTY FOR ANY DAMAGE OCCURING IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE USE OR INABILITY TO USE ANY GENERATED CODE OR DATA OR ANY DERIVATIVE WORKS THEREOF, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, BUSINESS OPPORTUNITY, OR INJURY TO BUSINESS REPUTATION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TERMINATION THEREOF, UNDER ANY LAW, IN CONTRACT OR IN TORT, EXCEPT FOR DAMAGES CAUSED DUE TO INTENT OR GROSS NEGLIGENCE. With the sole exception of purely academic publications in established scientific conferences or journals, any publication or distribution of results or data or conclusions drawn from these as well as any other derivative works in any form must include the following prominently placed safety notice: > NOT FOR SAFETY-CRITICAL USE > =========================== > > This dataset or document depends on results obtained through use of the TUM > FSD Counter Optimization Library research code: > > > Braun, D., Schwaiger, F., Holzapfel, F., Diepolder, J., and Ben-Asher, J.Z., "COLIBRY - > > A Counter Optimization Library for MATLAB," AIAA Scitech 2023 Forum, 2023. > > NO SAFETY-CRITICAL CONCLUSIONS, DECISIONS OR DERIVATIVE WORKS MAY BE BASED ON > THESE RESULTS UNDER ANY CIRCUMSTANCES. > > The results are subject to inherent limitations of the underlying > methodology, including algorithms, implementation and execution and may > include undetected errors resulting from mathematical assumptions, > implementation details and mistakes, machine accuracy, the execution > environment including any external software libraries, and potentially other > known and unknown error sources. > > This safety notice must be reproduced and prominently placed in any > derivative works. Upon distribution of the present work or any derivative > works to any third party, full awareness of and compliance with this safety > notice must be ensured. > > Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen SHALL NOT > BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE CAUSED BY THE USE OF OR INABILITY > TO USE THE SOFTWARE OR ANY GENERATED CODE OR DATA. You agree to fully comply with the safety notice. You accept the full responsibility to ensure that any third party making use of the distributed works is fully informed about and aware of this safety notice. You agree to not make works subject to the safety notice available to any third party if you doubt their intention or ability to comply with the terms of the safety notice. Termination ----------- This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Lehrstuhl fuer Flugsystemdynamik, Technische Universitaet Muenchen. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you 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. This EULA was created by eulatemplate.com for TUM FSD Counter Optimization Library Governing Law ------------- 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 Germany. Salvatory Clause ---------------- If any provision in this EULA is found by a court of competent jurisdiction (from which there is no appeal or, if there is, no appeal is lodged or any appeal is withdrawn) or arbitrator to be illegal or invalid that clause shall be deemed removed and the remainder shall be unaffected. The parties shall endeavor to agree an alternative clause having like effect, as a substitute for the provision that has been removed.