End-User License Agreement (EULA) of RadMap

This End-User License Agreement (“EULA”) is a legal agreement between You and Klas Marcks von Würtemberg (“The Licensor”).

This EULA agreement governs your acquisition and use of our RadMap software (“The Software”) directly from The Licensor or indirectly through an authorized reseller or distributor (a “Reseller”).

“You” and “Your” means the individual or legal entity licensing the Software under this EULA.

Please read this EULA agreement carefully before completing the installation process and using the RadMap software. It provides a license to use the RadMap software and contains warranty information and liability disclaimers.

This EULA agreement also governs use of the Software under the free licence. By clicking “accept” or installing and/or using the RadMap software, 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 herewith regardless of whether other software is referred to or described herein. The terms also apply to any supplements and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. A new major version of the Software may require a separate license; updates and minor releases within the same major version are covered by this EULA.

License Grant

The Licensor hereby grants you a personal, non-transferable, non-exclusive licence to install and use the RadMap software in accordance with the terms of this EULA agreement, in one of two forms:

Free licence. Without a licence file, the Software runs in free mode, which limits each simulation run to 50,000 primary particles. You may install and use the Software in free mode on any number of machines.
Full licence. A licence file issued by The Licensor removes that limit on the single machine it was issued for, identified by its machine ID, until the expiry date the licence file states, if it states one.

If You are a legal entity, You may permit individuals within Your own organisation to use the Software on Your behalf. You are responsible for ensuring the machine meets the minimum requirements of the RadMap software and that all such individuals comply with the terms of this EULA.

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 sublicense the Software, except for installing it as this EULA permits
Transfer a full licence to another machine or to a third party without prior written consent from The Licensor
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that The Licensor considers is a breach of this EULA agreement

Third-party Components

The Software includes components made by others under their own licences, listed with those licences in the documentation’s Third-party software section and in Help → About. This EULA does not restrict any right those licences give You; for those components, their terms apply.

Intended Use

The Software is intended for radiation protection calculations: dose rates from radioactive sources and the effect of shielding on them. Its results are estimates whose accuracy depends on the model You build and on the limitations described in the user guide. You are responsible for judging whether the Software and its results are suitable for Your purpose.

The Software has not been developed under a nuclear quality assurance programme, such as ASME NQA-1 or ISO 19443. Where its results support the safety analysis or licensing basis of a nuclear facility, You are responsible for qualifying the Software for that use under Your own quality assurance requirements.

The Software is not a medical device. It is not intended for the diagnosis or treatment of patients, including patient dosimetry and radiotherapy treatment planning, and must not be used for these purposes.

Warranty

The Software is provided without any warranty. The Licensor hereby disclaims any warranty that the Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that the Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating the Software and undertakes the risks contained in running the Software.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The Licensor be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial or pecuniary loss) arising out of or in connection with this EULA or the use or inability to use the Software, even if The Licensor has been advised of the possibility of such damages. In no event shall The Licensor’s total cumulative liability to You for all claims arising out of or relating to this EULA exceed the amount actually paid by You for the Software in the twelve (12) months preceding the claim.

Intellectual Property and Ownership

The Licensor 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 The Licensor.

The Licensor reserves the right to grant licences to use the Software to third parties.

Data and Privacy

The Software processes simulation data and project files stored locally on your machine. The Software does not transmit personal data or simulation results to The Licensor or any third party. License validation is performed locally using a license file tied to your machine identifier. The Licensor processes your name, contact details, and machine identifier solely for the purpose of issuing and validating your license, in accordance with applicable data protection law including the General Data Protection Regulation (GDPR).

Export Control

The Software incorporates radiation transport simulation technology. You agree to comply with all applicable export control laws and regulations, including those of Sweden, the European Union, and the United States, and not to export or re-export the Software to any country, entity, or individual in violation of such laws.

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 The Licensor.

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.

Severability

If any provision of this EULA agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from this EULA. The remaining provisions shall continue in full force and effect.

Entire Agreement

This EULA agreement constitutes the entire agreement between You and The Licensor with respect to the Software and supersedes all prior or contemporaneous understandings, representations, warranties, and agreements, whether written or oral, relating to the Software.

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 Sweden. Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Sweden.

RadMap also includes software made by others, under their own licences: see Third-party software.