License
This is the BurnSim End User License Agreement - the same text shown inside BurnSim itself, under Help > About > View License Terms, and presented for acceptance the first time the program is run. It is reproduced here so the terms can be read before downloading or purchasing.
BurnSim is sold in three license types. Which one applies to you is recorded in your license and shown on BurnSim's splash screen and in its About box:
- Personal - the $39 license. Non-commercial use by one individual.
- Educational - free for .edu (and other recognised academic) email addresses. Non-commercial teaching, coursework, or academic research.
- Commercial - required for paid engineering, consulting, product development, research, testing, or other business use. Details coming soon; contact burnsim@burnsim.com.
Clauses 4, 5 and 9 below are the ones that define those types. Licenses are available from www.burnsim.com/purchase.aspx.
License
1. Under this End User License Agreement (the "Agreement"), BurnSim LLC (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use BurnSim (the "Software").
2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
4. The permitted license type, number of users, installation limit, term, and permitted use are stated in the applicable order, invoice, license certificate, or activation record (the "Order"). If no Order states otherwise, the License is a single-user personal license. A personal license is for non-commercial use by one individual. An educational license is for non-commercial teaching, coursework, or academic research. A commercial license permits the Licensee to use the Software for paid engineering, consulting, product development, research, testing, or other business activities.
5. A personal or educational license may be installed on more than one machine, but used only by the licensed individual. A commercial named-user license may be installed on more than one machine used by that named user. A commercial entity license may be used by the number of named users or concurrent users stated in the Order. The Licensee may not share a seat beyond the permitted users, sublicense the Software, or make it available for use by unlicensed third parties. A commercial entity may reassign a named-user seat only as allowed by the Order.
6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
License Fee
8. The license fee, permitted license type, users, installation limit, term, update entitlement, and support entitlement are those stated in the applicable Order. Unless the Order states otherwise, a perpetual license includes the version purchased but does not require the Vendor to provide updates, maintenance, or support.
Commercial License Terms
9. Commercial use is permitted only under a commercial license or other written Order that expressly permits it. The personal and educational prices do not include commercial use, redistribution, private labeling, or rights to provide the Software as a service.
10. Custom development, consulting, validation, priority scheduling, source-code delivery, confidentiality obligations, private distribution, exclusivity, or ownership of work product are not included in a software license. They require a separate written statement of work or Order that states the scope, acceptance criteria, schedule, fees, payment milestones, support, and ownership terms. Unless that writing states otherwise, the Vendor retains ownership of BurnSim, its core code, general improvements, and reusable components, and grants the customer a perpetual license to use the delivered functionality with BurnSim.
11. The Vendor may incorporate general, non-confidential improvements developed for a customer into future public releases. Private delivery, restricted distribution, source-code ownership, or exclusivity must be expressly purchased and documented.
Limitation of Liability
12. The Software is provided by the Vendor and accepted by the Licensee "as is". To the maximum extent permitted by law, liability of the Vendor will be limited to the fees paid by the Licensee under the applicable Order during the twelve months preceding the event giving rise to the claim. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
13. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
14. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Hazard Disclaimer
15. The Software is provided for informational, educational, engineering, and commercial design-analysis purposes. All output, including but not limited to pressure, thrust, and burn-time figures, is an estimate and must only be used as a starting point for further engineering analysis, not as a guarantee of real-world performance or safety. Rocket motors and their components are inherently dangerous and can cause serious injury, death, or property damage if designed, constructed, handled, stored, or operated improperly. The Licensee is solely responsible for exercising all necessary safety precautions and for identifying and complying with all applicable laws, regulations, and certification or permitting requirements before designing, constructing, handling, storing, or operating any device informed by output from the Software. The Vendor assumes no responsibility or liability for any injury, death, property damage, or other loss arising from the construction, handling, storage, or operation of any such device.
Export Controls and Restricted Uses
16. The Licensee will comply with all applicable export-control, sanctions, embargo, customs, and trade laws, including applicable United States laws and regulations. The Licensee will not use, export, re-export, transfer, release, provide access to, or facilitate access to the Software, related technical information, or its output in violation of those laws.
17. The Licensee will not use the Software, directly or indirectly, for prohibited weapons programs or any other prohibited end use or activity under applicable law.
18. The Licensee will not make the Software or related technical information available to any sanctioned person, restricted party, embargoed destination, or other prohibited recipient. The Licensee is responsible for determining whether its location, identity, organization, intended use, or intended recipient requires authorization.
19. The Vendor may refuse an order, withhold activation, suspend support, restrict access, or terminate the License where the Vendor reasonably believes that continued provision or use could violate applicable law or expose the Vendor to export-control, sanctions, or restricted-party risk. Nothing in this Agreement grants permission to export, re-export, transfer, or provide technical assistance where governmental authorization is required.
20. The Vendor does not represent that the Software is classified as EAR99, publicly available, uncontrolled, or exempt from any export-control regime. The Licensee remains responsible for obtaining its own legal and regulatory advice and required authorizations.
Warrants and Representations
21. The Vendor warrants and represents that it owns or has the right to license the Vendor-developed portions of the Software. Third-party components, data, and derived materials remain subject to their own notices and license terms. Granting the license to use the Vendor-developed portions of the Software is not intended to transfer ownership of any third-party material.
Acceptance
22. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation and/or first use of the Software, whichever occurs first.
User Support
23. Support and maintenance, if any, are provided on a best-effort basis only, at the sole discretion of the Vendor, unless an applicable Order expressly provides otherwise. Any paid maintenance, response-time commitment, issue-resolution commitment, or continued update entitlement must be stated in that Order or in a separate support agreement.
Term
24. The term of this Agreement will begin on Acceptance and is perpetual unless the applicable Order states a limited term or the Agreement is terminated.
Termination
25. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly stop using and destroy the Software or return the Software to the Vendor.
Force Majeure
26. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
Governing Law
27. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Washington for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Washington.
Miscellaneous
28. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
29. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
30. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting the Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
31. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
32. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
33. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
Third-Party Components and Notices
34. BurnSim includes or is distributed with third-party components and data subject to separate license terms. In particular, BurnSim.Thermo includes code and a subset of thermodynamic data derived from NASA's Chemical Equilibrium with Applications (CEA), used under the Apache License, Version 2.0. The applicable Apache 2.0 copyright, license, attribution, and notice text is included in the distributed NOTICE.txt file and must remain with copies or derivative distributions of that component. The Apache 2.0 license applies to the applicable NASA-derived component and does not relicense the rest of BurnSim, which remains proprietary under this Agreement.
Notices
35. All notices to the Vendor under this Agreement are to be provided in email at the following address:
burnsim@burnsim.com