diff --git a/scripts/ThirdPartyLegalNotices/MATLAB.txt b/scripts/ThirdPartyLegalNotices/MATLAB.txt deleted file mode 100644 index d76afd5023a9a4ba2f51b42603d81c0733ec9ebc..0000000000000000000000000000000000000000 --- a/scripts/ThirdPartyLegalNotices/MATLAB.txt +++ /dev/null @@ -1,1608 +0,0 @@ -Applies to MATLAB R2023a. - -The MathWorks, Inc. Software License Agreement - -IMPORTANT NOTICE - -THIS IS THE SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") OF THE MATHWORKS, INC. -("MATHWORKS") FOR THE PROGRAMS. THE PROGRAMS ARE LICENSED, NOT SOLD. READ THE -TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE COPYING, INSTALLING, OR -USING THE PROGRAMS. FOR INFORMATION ABOUT YOUR LICENSE OFFERING, CONSULT THE -PROGRAM OFFERING GUIDE PRESENTED AFTER THE AGREEMENT. - -THE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (THE "LICENSEE") AND -MATHWORKS CONCERNING YOUR RIGHTS TO INSTALL AND USE THE PROGRAMS UNDER THE -LICENSE OFFERING YOU ACQUIRE. - -YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT TO COPY, INSTALL, OR USE THE -PROGRAMS. IF YOU DO NOT ACCEPT THE LICENSE TERMS, THEN YOU MUST IMMEDIATELY -STOP USING THE PROGRAMS. - -IF YOU TERMINATE THIS LICENSE FOR ANY REASON WITHIN THIRTY (30) DAYS OF PROGRAM -DELIVERY (THE "ACCEPTANCE PERIOD") YOU WILL RECEIVE A FULL REFUND FROM THE -AUTHORIZED DISTRIBUTOR FROM WHOM YOU ACQUIRED THE PROGRAMS, OR FROM MATHWORKS -IF YOU ACQUIRED THE PROGRAMS DIRECTLY FROM MATHWORKS. - - -1. CAPITALIZED TERMS. Capitalized terms used in this Agreement and not -otherwise defined in this Agreement shall have the definitions ascribed to them -in Article 23 below. - -2. LICENSE GRANT. MathWorks hereby grants to Licensee, subject to the terms of -this Agreement, a nonexclusive license (the "License") to: - - 2.1. install and use the Programs solely on Computers controlled by - Licensee, in accordance with the License Offering acquired, and solely for - Internal Operations; - - 2.2. use the Programs as expressly allowed in the Program Offering Guide, - for instance to deploy Applications, consistent with the terms of the - License Offering acquired; - - 2.3. provide reasonable access to online Documentation on Licensee's - intranet, provided it is not accessible over the open Internet; and - - 2.4. print portions of the online Documentation for reasonable use by - Licensed Users. - -3. LICENSE RESTRICTIONS. The License granted is subject to the express -restrictions set forth below and any other restrictions set forth in any signed -agreement between MathWorks and Licensee. Licensee shall not, and shall not -cause or permit any other individual or entity to, directly or indirectly: - - 3.1. modify or create any derivative work of a Program, except as expressly - permitted in the Program Offering Guide; - - 3.2. use a Program for any act which infringes copyright of a Program, for - instance, by developing, producing, or testing a computer program - containing a feature or functionality that is substantially similar in its - expression to the expression contained in a Program; - - 3.3. disassemble, decompile, or reverse engineer a Program, or attempt to - gain access to its method of operation or source code; - - 3.4. adapt, translate, copy, convert, use, test, benchmark, or determine - the expression or design of, a Program or any materials derived from or - generated by a Program, in order to make or distribute an application or - software, a principal purpose of which, as reasonably determined by - MathWorks, is to perform the same or similar functions as a Program or - other MathWorks product or service or which replaces any component of a - Program or other MathWorks product or service. Licensee shall not use a - Program to compete with the products or businesses of MathWorks, including - by distributing libraries or any form of an entire Program or Program - Component; - - 3.5. rent, lease, or loan the Programs, use the Programs for supporting - Third Parties' use of the Programs, time share the Programs, or provide - service bureau or similar service use; - - 3.6. sell, license, sublicense, provide access, publish, display, - distribute, disseminate, assign, or otherwise transfer to a Third Party the - Programs or any copy thereof, or any license or other rights thereto, in - whole or in part, without MathWorks' prior written consent, except as - expressly permitted in the Program Offering Guide; - - 3.7. alter, remove, or obscure any copyright, trade secret, patent, - trademark, logo, proprietary and/or other legal notices or license files on - or in copies of a Program or Program Component, including copies made for - backup purposes; - - 3.8. provide access (directly or indirectly) to any Program via a web or - network interface, except as expressly permitted in the License Offering; - - 3.9. copy, make available for copy, or otherwise reproduce the Programs - except either (a) as may be required for their installation for the purpose - of executing the Program in accordance with the License Offering, or (b) to - make a reasonable number of copies solely for back-up purposes; - - 3.10. access or use MathWorks products or services that Licensee is not - currently licensed to access or to use; - - 3.11. allow the Programs to be accessed or used by a Third Party except as - expressly permitted in the Program Offering Guide; - - 3.12. disclose or transfer the activation key, login credentials, and/or - license file to a Third Party, or allow them to be used by a Third Party - without written authorization from MathWorks or as permitted by the License - Offering acquired; - - 3.13. republish the Documentation, except as expressly permitted in Article - 2 of this Agreement; - - 3.14. create a server or automated system for the Transformation Programs - without obtaining a license from MathWorks that expressly allows such use - (see the Program Offering Guide); - - 3.15. disable, circumvent, or workaround any technical limitations in the - Programs; - - 3.16. access, enable access to, modify, translate, use or otherwise make - available temporary intermediate files produced by a Program; - - 3.17. make any use of the License on behalf of or for the benefit of a - Third Party or Affiliate in any manner that would constitute a violation of - the License if such use were directly made by such person, or cause any - Third Party or Affiliate to make any use of the License on behalf of or for - the benefit of Licensee or an Affiliate in any manner that would constitute - a violation of this License if such use were directly made by Licensee; - - 3.18. acquire the License if a principal purpose of the acquisition is to - transfer or assign the License to a Third Party or Affiliate unless - expressly permitted by MathWorks; - - 3.19. mechanize or automate the process of checking out or in license keys - for one or more Programs, including by running a second session of a - Program, running a Program to serve multiple users, or rebooting the - License Manager, for a principal purpose of minimizing the License check - out time of any Programs, or otherwise circumventing the intended License - Manager operation; - - 3.20. use a License Manager other than the one which was provided with the - most recent version of the Programs Licensee is using; - - 3.21. take any action that requires any portion of the Programs to be - subject to end-user rights incompatible or inconsistent with the - restrictions set forth in this Agreement; - - 3.22. allow access to the Programs by an individual who is under 13 years - old or otherwise is under the lawful age for providing consent without - obtaining the advance written consent of a parent or guardian and storing - such consent in a retrievable way; - - 3.23. create an Application (a) providing capability similar to the - capabilities of any of the Programs; (b) providing functionality or - behavior similar to that of the MATLAB command line or scripting and - programming capabilities; (c) allowing operation of the code generation - capabilities of Programs; (d) providing access to an entire Program or a - substantial portion of a Program; or (e) enabling evaluation of end-user - code or expressions; - - 3.24. distribute an Application that includes library header files from any - of the Programs or any Program Component; - - 3.25. distribute an Application that reads MAT-files (i.e., files in the - MATLAB MAT data file format) using the MAT file API to Third Parties, - unless such Application also allows such Third Parties to write MAT-files - for the same data; - - 3.26. distribute an Application without an Application License, unless the - Application is solely for Internal Operations or is part of an embedded - system that has no provision for licensing to its end-users; - - 3.27. distribute an Application unless all copyright and proprietary - notices for the Programs are duplicated and included with Licensee's own - copyright notices for the Application, wherever they appear; and - - 3.28. make copies of the MATLAB Runtime accessible to any Third Party - separate from or for use other than with an Application, or provide the - MATLAB Runtime for service bureau or similar service use. - -4. PROGRAM TRIAL EVALUATION; COMPLIMENTARY LICENSES. Licensee agrees to use -any Program provided to Licensee as a trial evaluation only for the period of -the trial evaluation which may be controlled by a license key code, only to -evaluate it individually for potential purchase of a license to the Program as -an end-user, to conduct no business with it, to remove it and all result files -produced from any of Licensee's Computers at the end of the trial evaluation -period and to comply with all other obligations and restrictions in this -Agreement. Licensee agrees to use any Program awarded to Licensee on a -complimentary basis for student engineering competitions and similar -competitions, course support, research, fellowship participation, and teaching -assistance only for the specific purpose and period of the award, to conduct no -business with it, and to comply with all other obligations and restrictions in -the award letter and in this Agreement. - -5. ADDITIONAL FEES. The fees for the License are determined based upon the -country where all Licensed User(s) are principally located. Additional fees -may apply to a transfer of the License, or the principal location of any -Licensed User, to another country, or to a contract for global use. - -6. RETENTION OF RIGHT, TITLE AND INTEREST BY MATHWORKS AND ITS LICENSORS; THIRD -PARTY LICENSORS. The Programs are licensed not sold. The Programs, including -Derivative Forms of the Programs and MATLAB Runtime, shall at all times remain -the property of MathWorks and/or MathWorks' Licensors. Licensee shall have no -right, title, or interest therein, except as expressly set forth in this -Agreement. Licensee shall take appropriate action by instruction, agreement, or -otherwise with any persons permitted access to the Programs, so as to enable -Licensee to satisfy its obligations under the terms of this Agreement, -including disabling access to the Programs, in the event of a transfer of the -License. Licensee shall include the following notice in the About Box, or -similar visible location, of any Application it distributes, and in the -applicable documentation distributed with each copy of the Application: -"MATLAB(r). (c) 1984-[INSERT YEAR MATLAB VERSION PUBLISHED] The MathWorks, -Inc." Licensee agrees to employ the same security measures to protect the -Programs, Derivative Forms, and MATLAB Runtime as it uses to safeguard -Licensee's own proprietary intellectual property, but in no event less than -reasonable care. Programs may include Third Party software licensed to Licensee -under these terms or under separate terms of Licensors that are accessible -within the relevant Programs in the thirdpartylicenses.txt file. Should such -Third Party software be provided under the Lesser General Public License, -Licensee may make modifications of the work identified in Section 6 of the -Lesser General Public License for Licensee's own use and reverse engineering -for debugging such modifications. Any Third Party services or data accessible -through an interface in a Program are governed solely by the Third Party's -terms of use or Licensee's own agreement with the Third Party. - -7. SOFTWARE MAINTENANCE SERVICE. During any Software Maintenance Service term, -MathWorks shall provide its customary Software Maintenance Service for the -Programs. As further described in the Program Offering Guide, Software -Maintenance Service consists of: delivering subsequent releases of the -Programs, if any, that are not charged for separately; exerting reasonable -efforts to both (a) provide, within a reasonable time, workarounds for any -material programming errors in the current release of the Programs that are -directly attributable to MathWorks, and (b) correct such errors in subsequent -releases, provided Licensee gives MathWorks sufficient information to identify -the errors; and technical support for the current release. Technical support -means assistance by telephone, web, and e-mail with the installation and/or use -of the then-current release of the licensed Programs, including all available -bug fixes and patches, and their interaction with supported hardware and -operating systems ("Platforms"). Software Maintenance Service may include -additional administrative support services for the licensed Programs and access -to certain online features and services made available by MathWorks from time -to time. Levels of support and services available may vary by License -Offering. If Licensee's Software Maintenance Service expires, Licensee must pay -applicable fees to resume lapsed Software Maintenance Service. MathWorks -reserves the option to discontinue, in whole or in part, and at any time, -offering Software Maintenance Service and/or technical support for any Program, -feature of a Program, or Platform or to refuse to provide Software Maintenance -Service to a Licensee whom it reasonably believes is in breach of this -Agreement. - -8. TERM AND TERMINATION. - - 8.1. Term. This Agreement shall continue until the earlier of termination - by MathWorks or Licensee as provided below or the expiration of the term of - all Licenses granted hereunder. - - 8.2. Termination by Licensee. Licensee may terminate a License at any - time, for any reason. Licensee shall not be entitled to any refund if a - License is terminated, except for License fees paid for any Programs for - which the Acceptance Period has not expired at the time of termination. - - 8.3. Termination by MathWorks. MathWorks may terminate this Agreement and - all Licenses granted hereunder by written notice to Licensee if Licensee - breaches any material term of this Agreement, including failure to pay any - License fees due, and Licensee has not cured such breach within sixty (60) - days of written notification. MathWorks may immediately terminate this - Agreement and all Licenses granted hereunder if, after requesting and - failing to receive from the Licensee adequate assurances of compliance with - the terms of this Agreement, MathWorks reasonably believes that Licensee is - or is intending to breach any material term of this Agreement. MathWorks - may immediately terminate upon notice this Agreement and all Licenses - granted hereunder should Licensee breach the terms and conditions of - Articles 2, 3, 6, and/or 10. If Licensee or any of its Affiliates - commences or participates in any legal proceeding against MathWorks or any - of MathWorks' Affiliates challenging or asserting any intellectual property - rights in or against any of the Programs licensed hereunder, then MathWorks - may, without waiving any other legal rights or remedies available to it, - immediately terminate this License. The foregoing sentence only applies to - (a) a Licensee who has as its principal business the holding of patents and - who does not engage, either directly or through an Affiliate, in any - material active business of making products that embody the patents or (b) - a Licensee who engages, either directly or through an Affiliate, in a - principal business of licensing or making available commercial off the - shelf software to Third Parties. The provisions of this Article 8.3 apply - to all Licenses, including Perpetual Licenses. - - 8.4. Effect of Termination. Upon termination for any reason, Licensee - shall promptly return all but archival copies of the Programs in Licensee's - possession or control, or promptly provide written certification of their - destruction. - - 8.5. Survival. The following provisions survive any termination of this - Agreement: Articles 1, 3, 6, 8-11, and 13-23. - - 8.6. Effect of Termination on Applications. Termination of this Agreement - will not affect the terms of any Application Licenses for Applications that - have been placed in use prior to the effective date of termination. - -9. PUBLICITY. Licensee may not use MathWorks' name, trade names, logos, or -other trademarks of MathWorks or any of its Affiliates or Licensors in any -advertising, promotional literature or any other material, whether in written, -electronic, or other form, distributed to any Third Party, except in the form -provided by MathWorks, and then solely for purposes of identifying MathWorks' -Programs. - -10. EXPORT CONTROL. The Programs are subject to U.S. export control laws and -may be subject to applicable export and import laws and regulations in other -jurisdictions. Notwithstanding any other term of this Agreement or Third Party -agreement, Licensee's rights under this Agreement may not be exercised by -Licensee or any Third Party in violation of such laws and regulations, nor may -this Agreement be transferred to any party where doing so would result in such -a violation. The terms of any limitation on the use, transfer or re-export of -the Programs included in any Destination Control Statement or other document -provided by MathWorks for the purpose of export control shall prevail over any -term in this Agreement. It shall be Licensee's responsibility to comply with -the latest United States or other governmental export and import regulations -with respect to all use of the Programs and Applications. - -11. FEDERAL ACQUISITION. This provision applies to all acquisitions of the -Programs and Documentation by, for, or through the federal government of the -United States. By accepting delivery of the Programs or Documentation, the -government hereby agrees that this software or documentation qualifies as -commercial computer software or commercial computer software documentation as -such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS -252.227-7014. Accordingly, the terms and conditions of this Agreement and only -those rights specified in this Agreement, shall pertain to and govern the use, -modification, reproduction, release, performance, display, and disclosure of -the Programs and Documentation by the federal government (or other entity -acquiring for or through the federal government) and shall supersede any -conflicting contractual terms or conditions. If this License fails to meet the -government's needs or is inconsistent in any respect with federal procurement -law, the government agrees to return the Programs and Documentation, unused, to -MathWorks. - -12. EUROPEAN UNION SOFTWARE DIRECTIVE. For any Licensed User properly licensed -to use the Programs within the European Union, any contractual provisions of -this Agreement contrary to laws implemented pursuant to Article 6 of Directive -2009/24/EC of the European Parliament and of the Council of 23 April 2009 on -the legal protection of computer programs or to the exceptions provided for in -Article 5(2) and (3) of such Directive shall be null and void solely to the -extent decompiling, disassembling, or otherwise reverse-engineering of the -Programs is necessary to enable the Licensee to achieve the interoperability of -an independently created program with the Programs or any other permitted -objectives specified by such laws implemented under such Directive -(collectively, the "Permitted Objectives"), consistent with the Directive, -provided that any such information gained is used solely for such Permitted -Objectives and solely in the European Union. - -13. TAXES, DUTIES, CUSTOMS. Absent appropriate exemption certificates or other -conclusive proof of tax exempt status, Licensee shall pay all applicable sales, -use, excise, value-added, and other taxes, duties, levies, assessments, and -governmental charges payable in connection with this Agreement or the Licenses -granted hereunder, excluding taxes based on or measured by MathWorks' income, -for which MathWorks shall be solely responsible. - -14. ASSIGNMENT. Licensee may not assign or otherwise transfer this Agreement -or any License hereunder, by operation of law or otherwise, without the written -consent of MathWorks. Licensee agrees that MathWorks may withhold such consent -if it reasonably believes that Licensee is in breach of this Agreement or that -the proposed assignment or transfer will cause a breach of this Agreement. In -the case of any permitted or other lawful assignment or transfer, the terms of -this Agreement including any License hereunder shall be binding upon, and inure -to the benefit of, the transferee or assignee. - -15. LIMITATION OF LIABILITY. The Programs should not be relied on as the sole -basis to solve a problem or implement a design whose incorrect solution or -implementation could result in injury to person or property. If a Program is -employed in such a manner, it is at the Licensee's own risk and MathWorks and -its Licensors explicitly disclaim all liability for such misuse to the extent -allowed by law. MathWorks' and MathWorks' Licensors' liability for death or -personal injury resulting from negligence or for any other matter in relation -to which liability by law cannot be excluded or limited shall not be excluded -or limited. Except as aforesaid, (a) any other liability of MathWorks and its -Licensors (whether in relation to breach of contract, negligence or otherwise) -shall not in total exceed the amount paid to MathWorks under this Agreement in -the twelve month period preceding the claim in question, for the Program with -respect to which the liability in question arises; and (b) MathWorks and its -Licensors shall have no liability for any indirect or consequential loss -(whether foreseeable or otherwise and including loss of profits, loss of -business, loss of opportunity, and loss of use of any computer hardware or -software). Some states do not allow the exclusion or limitation of incidental -or consequential damages, so the above exclusion or limitation may not apply to -Licensee. Licensee agrees that prior to using or distributing any Application, -it will thoroughly test and validate the Application and will be solely -responsible for any problems or failures. - -16. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that -MathWorks, on its own behalf or through its Licensors, has the right to grant -the License rights hereunder. MathWorks warrants that the physical media -provided shall be free from defects in material and workmanship for a period of -ninety (90) days from delivery, or it will be replaced by MathWorks at no cost -to Licensee. MathWorks further warrants, for a period of one (1) year from -delivery or for the term of the License, whichever is less, that each copy of -each Program will conform in all material respects to the description of such -Program's operation in the Documentation. In the event that a Program does not -operate as warranted, Licensee's exclusive remedy and MathWorks' sole liability -under this warranty shall be the correction or workaround by MathWorks of major -defects within a reasonable time. Should such correction or workaround be -impractical, MathWorks may, at its option, terminate the relevant License and -refund the initial License fee paid to MathWorks for such Program. All -requests for warranty assistance should be directed to The MathWorks, Inc., 3 -Apple Hill Drive, Natick, MA 01760-2098, U.S.A. - -17. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth in -Article 16 of this Agreement (or as implied by law where the law provides that -the particular terms implied cannot be excluded by contract), any and all -Programs, Documentation, and Software Maintenance Service are delivered "as is" -and MathWorks makes and the Licensee receives no additional express or implied -warranties. MathWorks and its Licensors hereby expressly disclaim any and all -other conditions, warranties, or other terms of any kind or nature concerning -the Programs, Documentation, and Software Maintenance Service (including, -without limitation, any with regard to infringement, merchantability, quality, -accuracy, or fitness for a particular purpose or Licensee's purpose). -MathWorks also expressly disclaims any warranties that may be implied from -usage of trade, course of dealing, or course of performance. Except for the -express warranties stated in Article 16 of this Agreement, the Programs, -Documentation, and Software Maintenance Service are provided with all faults, -and the entire risk of satisfactory quality, performance, accuracy, and effort -is with Licensee. MathWorks does not warrant that the Programs and -Documentation will operate without interruption or be error free. Some states -and countries do not allow limitations on how long an implied warranty lasts, -so the above limitation may not apply to Licensee. The warranty in Article 16 -gives Licensee specific legal rights and Licensee may also have other rights -which vary from state to state and country to country. Licensee accepts -responsibility for its use of the Programs and the results obtained from their -use. MathWorks shall have no support or warranty obligations, and disclaims all -liability, for Applications developed or distributed by Licensee. Licensee will -defend, indemnify, and hold harmless MathWorks and its Licensors, officers, -directors, employees, agents and resellers from and against any damages, -liabilities, costs and expenses (including reasonable fees of MathWorks' -attorneys) arising out of any Third Party claim or demand based on or arising -from, out of or in connection with (i) the creation, use, or distribution of -any Applications by Licensee or any of its Affiliates or (ii) the use of the -Programs by Licensee or any of its Affiliates in breach of this Agreement. - -18. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced -and construed and governed in all respects by the laws of the State of -Delaware, United States of America, without regard to its conflicts of law -provisions. Both parties consent to the jurisdiction of the federal and state -courts located in the State of Delaware and consent to the service of process, -pleadings and notices in connection with any and all actions initiated in such -courts. The parties agree that a final judgment in any action or proceeding in -Delaware shall be conclusive and binding and may be enforced in any other -jurisdiction. To the extent that the acceptance of a contractual term -contained in this Agreement is prohibited by reason of Licensee's sovereign -immunity or any foreign, federal or state constitution, law, treaty, or -regulation, the conflicting term of this Agreement shall be superseded only to -the extent required. If any provision of this Agreement shall be otherwise -unlawful, void, or unenforceable, that provision shall be enforced to the -maximum extent permissible. In either case, the remainder of this Agreement -shall not be affected. The parties agree that neither the U.N. Convention on -Contracts for the International Sale of Goods nor the Uniform Computer -Information Transactions Act, or any version thereof, in any form ("UCITA"), -shall apply to this Agreement. To the extent that UCITA is applicable by -reason of its adoption in a state, the parties agree to opt out of the -applicability of UCITA pursuant to their Opt-Out provision(s). - -19. COMPLIANCE WITH LICENSES. Licensee agrees to notify MathWorks promptly -upon discovery of any failure to comply with this Agreement. Licensee agrees -that, no more than once every twelve (12) months or within a reasonable time -after a transfer, in addition to any other remedies at law or in equity, -MathWorks or its authorized representative shall, upon reasonable prior notice, -have the right to inspect Licensee's and Licensee's Affiliates' records, -systems, and facilities, during normal business hours, to verify that -Licensee's and its Affiliates' use of the Programs is in conformity with valid -licenses and otherwise complies with this Agreement. If a verification -discloses that Licensee's or any of its Affiliates' use is not in conformity -with a valid license, Licensee shall immediately take all necessary steps to -cure any past defaults, including paying any unpaid license fees, to bring -Licensee's or any of its Affiliates' use into conformity. - -20. LICENSE MANAGEMENT AND USAGE INFORMATION. The Programs contain technology -for license management and for the prevention of unlicensed use. When Programs -are activated, installed, or first used by a Licensed User, and periodically -for license management and product improvement purposes, information about the -License, use of the Programs, and the Computer will be transmitted to -MathWorks. This data includes the License information, Computer identification, -and location. Some License Offerings also require the MathWorks Account -information and the operating system user name for the Licensed User. See -MathWorks privacy policy at www.mathworks.com/privacy. - -21. HEADINGS. The inclusion of headings is for convenience of reference only -and shall not affect the construction or interpretation of this Agreement. - -22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the -parties and may not be modified, amended, or superseded except by a written -agreement signed by MathWorks and Licensee. In the event of any conflict -between this Agreement and any purchase order executed by Licensee (whether -executed before or after this Agreement), this Agreement shall prevail. - -23. DEFINITIONS. The definitions are an integral part of this Agreement. - - 23.1. "Affiliate" means a legal entity which is controlled by, or controls, - or is under common control with Licensee. Control means (i) beneficial - ownership of at least fifty percent (50%) of the voting securities of a - corporation or other business organization with voting securities, or (ii) - a fifty percent (50%) or greater interest in the profits and capital of a - partnership or other business organization without voting securities, - provided that no other individual or entity other than the Licensee also - has an equal fifty percent (50%) ownership or interest in the legal entity. - Notwithstanding the foregoing, unless MathWorks provides its express - written consent to treat the entity as an Affiliate, an Affiliate shall not - include any entity to which MathWorks has expressly refused to license (or - grant access under a license to) its software products or any entity that - had a license for MathWorks software products that MathWorks expressly - terminated. - - 23.2. "Application" means binary executable software that runs - independently of the Programs, consisting of one or more software files - that Licensee has created by either (a) using a Program to compile or - translate Licensee created Source Code or (b) incorporating or linking any - part of any compiled Source Code, library file, or other Program Component - provided with the Program. An Application must contain original code - developed by Licensee and must provide substantial functionality not - contained in, or provided by, the Program Components that are incorporated - into such Application. If a software file created by a Licensee - incorporates Program Components, but does not meet the requirements of the - previous two sentences, then it is a Derivative Form (as defined below). - An Application may contain Linked Object Code which, if such Object Code - was not Linked to the Application and was a standalone file, would - otherwise have been deemed a Derivative Form. - - 23.3. "Application License" means a license for an Application that - contains terms and conditions that (a) are at least as restrictive as the - terms and conditions of this Agreement; (b) explicitly exclude MathWorks - and its Licensors from all liability for damages or remedies; (c) do not - provide a warranty for any Program; (d) do not transfer or convey any use - or deployment rights for any Program without MathWorks' consent; and (e) - prohibit the removal of any copyright, trademark, logo, proprietary rights, - disclaimer or warning notice included on or embedded in any part of the - deployed Application. Further, if Licensee's Application is generated with - the MATLAB Compiler, then Licensee's Application License shall include or - incorporate by reference the terms of the MATLAB Runtime License included - in a text file at [MCR Install Directory]\[version_number]\MCR_license.txt - located within the installation for the MATLAB Runtime. - - 23.4. "Computer" means either (i) a single physical hardware system - containing a single motherboard running an operating system, or (ii) a - virtual machine running an operating system. - - 23.5. "Derivative Form" means one or more software files that Licensee has - derived from one or more Program Components (including without limitation - by incorporating, translating, or modifying, in whole or in part, any - Program Component), and which, if modified or copied without MathWorks' - authorization, would constitute a copyright infringement or breach of the - Agreement. A software file created by Licensee which qualifies as an - "Application" under the above definition shall not be deemed a Derivative - Form. - - 23.6. "Documentation" means the user guides, if any, accompanying delivery - of a Program or made available at mathworks.com/help, as may be updated - from time to time, including the bug reports made available at - mathworks.com/support/bugreports and the Program Offering Guide. - Documentation may be delivered in any medium or language. - - 23.7. "Internal Operations" means the use of a Program by employees, - consultants, student interns, and software administration contractors of - Licensee or an Affiliate on behalf of the Licensee or Affiliate. - - 23.8. "License Manager" means the license management software provided for - use with the Program(s). - - 23.9. "License Offering" means the specific rights, restrictions, and - obligations under which Licensee may install and use a Program for the - applicable License term as further described in the Program Offering Guide. - - 23.10. "Licensed User" means an individual authorized by MathWorks, - Licensee or an Affiliate to use the Programs for Licensee's Internal - Operations, to the extent permitted by the License Offering acquired. - - 23.11. "Licensee" means you, whether an individual or an entity, to whom - MathWorks grants the License, and who is responsible for complying with the - contractual obligations of this Agreement and ensuring that anyone - permitted access to the Programs also complies with such obligations. - - 23.12. "Licensor" means the person who, or entity which, grants a license - to MathWorks to redistribute that person's or entity's intellectual - property. - - 23.13. "Linked" means an executable or loadable file created by a compiler - or linker program combining Object Code module files. - - 23.14. "MATLAB Runtime" means MATLAB Runtime support libraries and other - files for deployment of Applications. - - 23.15. "Object Code" means the code created by a system compiler from - source code; also called "machine-readable code." Object Code can be - Linked with an appropriate linker to resolve address references and may be - combined with other Object Code for targeted execution on a specific - processor. Object Code includes "Object Code libraries" and "shared - libraries," which are groupings of Object Code for specific purposes. - - 23.16. "Perpetual License" means the right to use the License indefinitely - provided that the Licensee always remains in compliance with the terms of - this Agreement. - - 23.17. "Program" means the software licensed hereunder, including Program - Components, Documentation, enhancements, and error corrections. Each - product licensed hereunder is a separate Program. - - 23.18. "Program Component" means any portion of, or file provided with, a - Program. - - 23.19. "Program Offering Guide" means the Program Offering Guide for this - release, presented after this Agreement. - - 23.20. "Source Code" means human-readable code written in a higher-level - language such as C, C++, Java, MATLAB, MDL, SLX, VHDL, Verilog, or Fortran, - which must be translated or compiled into machine-readable code before it - can be executed by a computer. Source Code also includes header files and - other human-readable files necessary for a Program to be compiled in the - higher-level language. - - 23.21. "Third Party" means any person or legal entity that is not - MathWorks, the Licensee, or an Affiliate. - - 23.22. "Transformation Program" means a Program whose primary purpose is to - transform input files into output files without user interaction, including - Programs used for the principal purpose of compiling, translating, or - generating Source Code and Programs used for the principal purpose of - verification, validation or inspection of design or Source Code, or report - generation. See the Program Offering Guide for a full list of - Transformation Programs. - - -03/2017 - -20365 - - - -Program Offering Guide - -Release 2023a - -About This Guide - -This Program Offering Guide is an integral part of the Documentation for -Release 2023a. - -* Part One describes each of the different License Offerings. - -* Part Two explains your limited rights to modify Program Components and - distribute Applications that are made using the Programs that you license - from MathWorks. - -* Part Three explains how you are permitted to use the Programs in Automation - Servers and External Applications, and identifies the Transformation Programs - for which Client Access Licenses may be required to provide server access or - system automation. - -* Part Four provides information about MathWorks Software Maintenance Service. - -* Part Five contains a Glossary of definitions of capitalized terms used in - this Program Offering Guide. Any capitalized terms used in this Program - Offering Guide that are not in the Glossary are defined in The MathWorks, - Inc. Software License Agreement (the "Software License Agreement"). - -The Software License Agreement contains additional rights, restrictions, and -obligations that apply to your licensed Programs and Applications. - - -Part One: License Offerings - -A License Offering is comprised of: - -(i) a License Option that specifies principally how the License Offering works -and is measured or counted; - -(ii) a License Use that specifies who can use the Programs in terms of the -types of organizations, individuals, or activities eligible to use the License -Offering; and, - -(iii) Specific Program Use Rights for individual Programs, if applicable. - -Each License Offering is subject to the applicable term of the License: -Perpetual, Annual, or other specific term. - -The sections below provide the specific details of each License Option, License -Use, and the Specific Program Use Rights. - -1. License Options - - 1.1. Individual License Option - - (i) The Individual License Option provides for use of Programs by a single - Named User. - - (ii) A Named User may install the Programs on up to four (4) different - Computers but may not use a Program on more than two (2) Computers - simultaneously, except that Student and Home Licenses are limited to a - single Computer. - - (iii) The Licensee may redesignate the Named User authorized to use a - Program, whether temporarily or not, up to four (4) times in any twelve - (12) month period, except that Student and Home Licenses are not - transferable. - - (iv) The Computer login of the Named User may not be shared with any other - individual. - - 1.2. Designated Computer License Option - - (i) The Designated Computer License Option provides for use of Programs on - a single, physical (not virtual) designated Computer. - - (ii) The Programs may be operated by only one Licensed User at any given - time. - - (iii) The Programs must be operated from the Designated Computer's console, - except for remote access as allowed in Section 1.8 below. - - (iv) The Licensee may redesignate the Computer, whether temporarily or not, - up to four (4) times in any twelve (12) month period. - - 1.3. Network Named User License Option - - (i) The Network Named User License Option provides for a specified number - of designated Named Users to use the Programs on any Computer that is - connected to the same, single License Manager. - - (ii) The License Manager must be activated on a single Computer. - - (iii) The Programs may be operated by Named Users on Computers served by - the same, single License Manager up to the maximum number of Named Users - licensed for each Program. - - (iv) A Named User may not use a Program on more than two (2) Computers - simultaneously. - - (v) The Programs may be installed on individual Computers to accelerate - startup times as long as the use on all Computers is controlled by the - same, single License Manager. - - (vi) The Licensee may redesignate the Named Users for a Program, whether - temporarily or not, up to four (4) times in any twelve (12) month period. - - (vii) A Computer login of a Named User may not be shared with any other - individual. - - (viii) For Programs that require MATLAB, Named Users of such Programs must - also have a Network Named User license for MATLAB. - - (ix) The Network Named User License Option is only available for Standard - - 1.4. Concurrent License Option[fn1] - - (i) The Concurrent License Option provides for a specified number of - concurrent keys for each Program on the License that may be used - simultaneously by Licensed Users on any Computer that is connected to the - same, single License Manager. - - (ii) Before using a Program on any Computer, the Licensed User must check - out a separate concurrent key from the License Manager for that Computer. - - (iii) The License Manager must be activated on a single Computer. - - (iv) The Programs may be installed on individual Computers to accelerate - startup times as long as the use on all Computers is controlled by the - same, single License Manager. - - (v) Licensees are prohibited from providing Program access to users located - outside the Country[fn2] for which the Program is licensed unless Licensee - has contracted for global use. - - (vi) For Academic and Classroom License Uses, installation of the Programs - on students' own Computers is not permitted. - - 1.5. Total Headcount License Option - - (i) The Total Headcount License Option provides for use of the Programs by - a certain institution, organization, location, or other identified group of - users, in accordance with the Campus-Wide and Primary and Secondary Schools - License Uses described in Section 2 below. - - 1.6. Enterprise License Option - - (i) The Enterprise License Option provides for use of the Programs by all - employees and consultants of Licensee and approved Affiliates on Computers - controlled by Licensee, and is only available for Standard License Use. - - 1.7. Counted Individual License Option - - (i) The Counted Individual License Option provides for use of Programs by a - specified number of designated Named Users. - - (ii) A Named User may not use a Program on more than one (1) Computer - simultaneously. - - (iii) The Licensee may redesignate the Named Users authorized to use a Program. - - (iv) The Computer login of the Named User may not be shared with any other - individual. - - (v) The Counted Individual License Option is only available for limited - license uses. - - - 1.8. Remote Desktop and Shared Desktop - This section applies to all License Options above. - - (i) Remote Desktop: A Licensed User may remotely access Programs using the - Microsoft(r) Remote Desktop connection feature or similar technologies. For - the Designated Computer License Option, only one named Licensed User may - remotely access the Programs for software administration purposes, such - Licensed User not to be redesignated more than four (4) times in any twelve - (12) month period. - - (ii) Shared Desktop: A Licensed User may share remotely the desktop view of - a Program session with another individual for assistive or demonstrative - purposes only, using Microsoft(r) Remote Assistance technology, - teleconferencing software, or similar technologies.[fn3] - -2. License Uses - - 2.1. Standard - - (i) Standard Licenses are available for commercial, government, or other - organizational use and are restricted to Internal Operations. - - (ii) The Standard License is available under any of the License Options - described above except for the Total Headcount License Option. - - 2.2. Educational Institutions - - (i) Educational Institution Licenses are available solely to - degree-granting educational institutions and primary and secondary schools - licensing the Programs for Academic Internal Operations. - - (ii) Use rights and associated License Options are determined based on the - type of License acquired: Academic, Classroom, Campus-Wide, Community and - Technical College, or Primary and Secondary Schools. - - (iii) Technical support and installation support are available for faculty - and academic staff. Installation support is available for students. - - (iv) Data Center Use: Academic Internal Operations includes the - installation and use of the Programs in a data center, high performance - computing center, or other academic computing resource controlled by - Licensee ("Data Center") by any individual who has been granted access to - the Data Center by Licensee for the purpose of performing software - administration, teaching, or noncommercial academic research. In the case - of Data Center use by an individual who is not an enrolled student, - employee, or other academic staff of Licensee, downloading and use of any - Programs on the individual's Computer or any other Computer not controlled - by Licensee is expressly prohibited. - - 2.2.1. Academic - - (i) Program use is restricted to individuals listed in the definition - of Academic Internal Operations (see Glossary). - - (ii) The Academic License is available under any of the Individual, - Designated Computer or Concurrent License Options. - - 2.2.2 Academic Teaching - - (i) Program use is restricted to individuals listed in the definition of - Academic Internal Operations (see Glossary) on Computers owned or leased - by the institution or by such individual. - - (ii) The Academic Teaching License is available solely under the Counted - Individual License Option. - - (iii) Research use is not permitted. - - - 2.2.3. Classroom - - (i) Program use is restricted to students, instructors, and software - administrators in on-campus facilities that are used solely in support - of classroom instruction of students. - - (ii) The Classroom License is available under either the Designated - Computer or Concurrent License Option. - - (iii) Research use is not permitted. - - 2.2.4. Campus-Wide - - (i) Program use is restricted to individuals listed in the definition - of Academic Internal Operations (see Glossary) on Computers owned or - leased by the institution or by such individual. - - (ii) The Campus-Wide License is available solely under the Total - Headcount License Option. - - 2.2.5. Community and Technical College - - (i) Program use is restricted to individuals listed in the definition - of Academic Internal Operations (see Glossary) on Computers owned or - leased by the institution or by such individual. - - (ii) The Community and Technical College License is available solely to - institutions where the dominant form of degree conferred meets the - International Standard Classification of Education 2011 Level 5, - Short-Cycle Tertiary Education as qualified by MathWorks. - - (iii) The Community and Technical College License is available solely - under the Counted Individual License Option. - - 2.2.6. Primary and Secondary School - - (i) Program use is restricted to all faculty, academic staff, and - students of the school on Computers owned or leased by the school or by - the individual faculty, staff, or student. - - (ii) The Primary and Secondary School License is available solely to - primary and secondary schools. - - (iii) The Primary and Secondary School License is available solely - under the Total Headcount License Option. - - (iv) Each Primary and Secondary School License is limited to a single - physical address. - - 2.3. Student - - (i) Student Licenses may be licensed by students enrolled in - degree-granting educational institutions, or primary and secondary schools, - or those participating in a continuing education program at a - degree-granting educational institution. A Licensee may use the Programs - only on a single physical (not virtual) Computer owned or leased by the - student. - - (ii) A Student License may also be licensed by teachers at primary and - secondary schools for course preparation and teaching, and the Student - License may be installed on Computers owned or leased by the teacher or - school. - - (iii) A Student License may not be used for activities that are commercial, - for profit, professional (except for primary and secondary school teachers - using the License for the purpose of teaching at such schools), government, - or revenue-generating. - - (iv) The Programs may only be accessible to, and used by, the Licensee. - - (v) Technical support for Student Licensees is limited to installation - support. - - (vi) A Student License is not transferable. - - (vii) Returns and refunds of Student License purchases are subject to the - refund policies at the time and point of purchase. - - 2.4. Home - - (i) A Home License may be licensed by an individual and may be used only - for personal use. A Home License may not be used for activities that are - commercial, for profit, professional, academic, government, or - revenue-generating. - - (ii) A Licensee of a Home License may use the Programs only on a single - physical (not virtual) Computer owned or leased by the Licensee. - - (iii) The Programs may only be accessible to, and used by, the Licensee. - - (iv) Technical support for Home Licensees is limited to installation - support. - - (v) A Home License is not transferable. - - (vi) Returns and refunds of Home License purchases are subject to the - refund policies at the time and point of purchase. - -3. Specific Program Use Rights - - 3.1. MATLAB Parallel Server - - 3.1.1. General Use Rights - - Licensed Users of MATLAB Parallel Server may run simultaneous sessions - of certain Programs on one or more Computers through MATLAB Parallel - Server, subject to the restrictions below: - - (i) The number of simultaneous Program sessions by all Licensed Users - may not exceed the number of worker instances licensed, except that if - a Licensed User has 200 worker instances checked out, the Licensed User - can scale to an unlimited number of Program sessions without checking - out any additional worker instances. (This does not apply to on-demand - use of MATLAB Parallel Server. See Section 3.1.2 below for details.) - - (ii) You must have access to a valid license to Parallel Computing - Toolbox and any Programs you wish to use in order to be able to run - sessions of such Programs through MATLAB Parallel Server. However, a - license to Parallel Computing Toolbox is not required when running - Polyspace Bug Finder Server or Polyspace Code Prover Server with MATLAB - Parallel Server, or when running Applications generated with a Compiler - Program. - - (iii) Access to MATLAB Parallel Server may be made available to - Licensed Users globally. - - (iv) Access to MATLAB Parallel Server may not be made available to any - Third Party unless expressly allowed by your License Use. - - 3.1.2 MATLAB Parallel Server On-Demand Use Rights - - On-demand use of MATLAB Parallel Server allows you to pay based on - usage. Subject to all other restrictions in Section 3.1.1 above, - Licensed Users of MATLAB Parallel Server may scale the number of - worker instances on the following additional terms: - (1) Licensee uses online licensing; and (2) Licensee agrees to pay all - MATLAB Parallel Server on-demand fees incurred by its Licensed Users - applicable to their on-demand use, if any, of worker instances. Any - fees that may be due to any cloud providers for use of their platforms, - programs, or services are separate and are the responsibility of the - Licensee. - - 3.2. MATLAB Production Server - - Licensed Users of MATLAB Production Server are permitted to install and use - MATLAB Production Server for the sole purpose of scheduling and running - Applications generated with Licensee's validly licensed Compiler Program, - provided that the number of worker instances running simultaneously on one - or more Computers does not exceed the number of worker instances acquired. - Licensee may make the Applications running on MATLAB Production Server - accessible to end-users globally, including Third Parties, via a web - interface, or other interface provided by Licensee, subject to the - restrictions of Part Two, Section 3.1 of this document (Deployment Rights; - Compiler Programs). - - 3.3. MATLAB Web App Server - - Licensed Users of MATLAB Web App Server are permitted to install and use - MATLAB Web App Server globally to run Applications, provided that the total - number of server instances does not exceed the number of server instances - acquired. End-users of the Applications need not be Licensed Users of - MathWorks Programs and can access the Applications through a web browser. - - 3.4. MATLAB Online Server - - Licensed Users of MATLAB Online Server are permitted to install and use - MATLAB Online Server globally to run MathWorks Programs, provided that the - total number of server instances does not exceed the number of server - instances acquired. End-users of Programs running on MATLAB Online Server - must have a valid license to any such Programs. - - 3.5. Polyspace Bug Finder Server and Polyspace Code Prover Server - - Licensed Users of Polyspace Bug Finder Server and Polyspace Code Prover - Server are permitted to install and use such Programs globally, provided - that the number of worker instances running simultaneously on one or more - Computers does not exceed the number of worker instances acquired. - - -Part Two: Deployment Rights - -The Software License Agreement grants a Licensee and its Licensed Users ("you") -the limited rights to install and use Programs in accordance with the License -Offering you acquire. The Software License Agreement does not grant you the -right to modify or distribute Programs or Program Components or create -derivative works. This Part Two sets forth additional limited rights to modify, -create derivative works of, and/or distribute certain Program Components as -specifically set forth below. - -Certain Programs, such as the Compiler Programs and the Coder Programs, -generate output in the form of Source Code, Object Code, or other files and -materials. For example, MATLAB Compiler and Simulink Compiler can be used to -create an executable program, and MATLAB Coder and other Coder Programs can be -used to generate Source Code in C and C++. Under certain circumstances -described below, you are permitted to use and distribute the files, models, -Applications, and Generated Forms that you create using the Programs. - -Some Programs are technically prevented from being compiled, distributed, -called from an external application, or used with MATLAB Parallel Server. - -All rights described below are limited by the restrictions of your License -Offering, this Program Offering Guide, and the Software License Agreement. - -1. Deployment Rights for User Files - -You may distribute or sublicense User Files without restriction, provided that -a principal purpose of the distribution or sublicense is not to replace or -replicate a Program or any part of a Program and you otherwise comply with the -general restrictions of the Software License Agreement and your License -Offering. "User Files" are MATLAB code files, Simulink model files, files -generated by RoadRunner Programs, MEX-files, MAT-files, VHDL-files, -Verilog-files, FIG-files or P-files that you create and that do not include any -code obtained from MATLAB code files, Simulink model files, MAT-files, -VHDL-files, Verilog-files, TLC-files, P-code, C/C++ files or other Source Code -files supplied with the Programs. - -2. Deployment Rights for Derivative Forms - -Your rights to create, use and distribute Derivative Forms are limited to those -rights expressly set forth in this Section 2. - -You may distribute Derivative Forms to Third Parties only (a) as expressly -permitted in Section 3.4 (API Code) below, or (b) if the Third Party is bound -by a Software License Agreement with MathWorks that requires such Third Party -to treat such Derivative Forms received from you as its own Derivative Form -under its Software License Agreement. - -If you receive software that is a Derivative Form under a Third Party's -Software License Agreement with MathWorks, or would otherwise be a Derivative -Form under the terms of your Software License Agreement, then you must treat -such software as a Derivative Form as if you modified or generated the software -yourself. - -3. Deployment Rights for Generated Forms and Applications - -Your rights to create, use and distribute Generated Forms and Applications are -limited to those rights expressly set forth in this Section 3. - -No further license or royalty fees shall be due to MathWorks for deployment as -expressly permitted in this Section, regardless of whether the deployment is -solely for your Internal Operations or to Third Parties. - - 3.1. Compiler Programs - - If you license a Compiler Program, you may create and deploy Applications - generated by the Compiler Program that meet the requirements of this Section - and comply with the restrictions in the Software License Agreement. - - These Applications may include compiled versions of MATLAB code files or - Simulink model files, but only as required for the Application and from - Programs that you have licensed. You may also use and distribute the MATLAB - Runtime together with these Applications for the sole purpose of running - the Applications. However, you are prohibited from making copies of the - MATLAB Runtime accessible to any Third Party separate from or for use other - than with your Application, and from providing the MATLAB Runtime for - service bureau or similar service use. - - If you license Parallel Computing Toolbox (PCT) and generate an - Application using any functionality of PCT, that Application may enable - up to the number of worker instances provided by PCT used to build the - Application. End-users of your Application do not need to have a license to - PCT. - - Your exercise of any of the rights granted here is subject to the - restrictions in the Software License Agreement, including the following: - - i) You may not distribute any library header files. - - ii) You may not use your Application to enable access to the code - generation capabilities of Programs or the capabilities of other - Transformation Programs. - - iii) Your Application may not provide capability similar to the - capabilities of any of Programs, or provide functionality or behavior - similar to that of the MATLAB command line or scripting and programming - capabilities. Your Application also may not enable evaluation of end-user - code or expressions. - - iv) Your Application may not provide access to all or a substantial portion - of a Program. - - v) You must include the notice "MATLAB(r). (c) 1984 - [INSERT YEAR MATLAB - VERSION PUBLISHED] The MathWorks, Inc." in your Application's About Box, or - similar visible location, and in the applicable documentation distributed - with each copy of your Application. - - vi) You may not modify or remove any proprietary notices included with - Programs or Program Components. However, you are permitted to remove the - MathWorks logo icon within the figure title bar of your Application and - replace it with a different icon. - - 3.2. Coder Programs - - This Section discusses the deployment rights MathWorks grants you in - conjunction with your license and use of the Coder Programs: 1) MATLAB - Coder, 2) Simulink Coder, 3) Embedded Coder, 4) HDL Coder, 5) Filter Design - HDL Coder, 6) Simulink PLC Coder, and 7) GPU Coder. - - The Coder Programs take content that you choose to input. Depending on the - Coder Program you use, the input could be a Simulink model, a Stateflow - diagram, or MATLAB code. The Coder Program then converts this input to code - in C/C++, VHDL/Verilog or PLC structured text. You may copy and deploy - these Generated Forms for use outside of the Programs. - - In order to enable this output code to work, each of these Coder Programs - will link in certain files proprietary to MathWorks, which may include C, - C++, Assembly, linker command files, template makefiles, project files, or - TLC source code files. You may only copy, modify, and deploy these - proprietary MathWorks files in Source Code or Linked Object Code form for - different development targets when used with the Coder Programs or with - code generated by the Coder Programs as part of, and only as required by, a - larger standalone application. A standalone application is an Application - created using programming languages and tools other than the Programs, - which executes outside of the Programs. - - 3.3. Simulink Real-Time - - You may use Simulink Real-Time to develop Applications that include Object - Code derived from Program Components of Simulink Real-Time that are - required by the Application and that have been compiled or otherwise - obtained from Simulink Coder on a single development Computer, download - that Application to a target Computer, and distribute that Application - beyond the target Computer. - - 3.4. API Code - - Programs you license may include selected Source Code and shared Object - Code library files that implement various documented application - programming interface (API) capabilities. - - You may use and modify such Source Code files solely for creation of your - own Application. You may copy and distribute Object Code compiled from this - Source Code, but only as either a standalone Object Code file or Object - Code linked to your Application, and only for use with and deployment of - your own Application. - - You may use, copy and distribute shared Object Code library files from the - Programs for deployment of your own Application, but only if a header file - exists in the Program for the shared library file. However, you may not - copy or distribute the header files. You may not transfer Source Code, - development rights or development capabilities for any Source Code or - Object Code from the Programs to any Third Party. - - 3.5. MAT-Files - - You may create and distribute Applications that read MAT-files using the - MAT-file API, but if you distribute such Applications to Third Parties, - they must also implement MAT-file write capability. As an exception to - Section 3.4 above, in connection with Applications that read and write - MAT-files, you may use, copy, and distribute certain shared Object Code - library files even if no header file exists in the Program for the shared - library file. Consult the documentation on Sharing MAT-file Applications - for a list of permitted files. - -4. Application License - -If you are distributing an Application, you must accompany the Application with -a written Application License. See the Glossary for Application License -requirements. The only exceptions to this requirement are when you are -distributing an Application solely for Internal Operations, or within an -embedded system not covered by a license agreement. - - - -Part Three: Automation Servers and External Applications - -Your rights to use the Programs in Automation Servers and External Applications -are set forth in this Part Three. - -1. Definitions - -"Automation Server" means an automated, batched, cron, scheduled, or unattended -process for software development, simulation, code generation, validation, -verification, or deployment or any other type of Program execution that -processes Program Input Artifacts. Automation Server includes server farm, -cluster, grid, build system, continuous integration system, regression server, -data center, and similar types of systems. Automation Server also means an -individual executing a Program to process Program Input Artifacts on behalf of -other individuals in order to minimize or avoid purchasing additional licenses -for such Program. - -"External Application" means an external interface or application, such as a -web application or an application written in another language, that calls or -invokes the Programs. - -"Personal Automation Server" and "Personal External Application" mean, -respectively, an Automation Server or External Application wherein 1) the -Automation Server or External Application is used solely by you as an -individual solely on your own Program Input Artifacts, and 2) no other -individuals submit, or otherwise provide or allow you to use in any form, -Program Input Artifacts to the Automation Server or External Application. - -"Program Input Artifact" means a file (e.g., a MATLAB file, Simulink model, or -Source Code file) used as input to a Program in an Automation Server or -External Application. - - -2. Program Use in Automation Servers and External Applications - -You may use Programs in Automation Servers and External Applications in -accordance with the conditions in this Section 2. Additional conditions apply -to Transformation Programs, as described in Section 3 below. - -The following provisions (i)-(vii) apply to any use of Programs in Automation -Servers and External Applications: - -i) Programs may be run on Personal Automation Servers or Personal External -Applications. - -ii) Programs may be run on Automation Servers using physical or virtual -machines. - -iii) Programs may be run on Automation Servers using shared administrative -logins. - -iv) Only Licensed Users of a Program may create or modify Program Input -Artifacts that are processed by that Program running on an Automation Server. - -v) External Applications may be used by any individual or entity, including -Third Parties. - -vi) External Applications must not: provide access to the MATLAB command line; -provide access to an entire Program, a substantial portion of a Program, or a -specific function of a Program; or enable evaluation of end-user code or -expressions. - -vii) Programs must be contracted for global use if Program Input Artifacts used -in the Automation Server or External Application are created in different -regions, unless the Programs are licensed under an Educational Institution -License Use. - -The following provisions (viii)-(x) apply to use of Programs in Automation -Servers and External Applications, licensed under specific License Options: - -viii) Programs licensed under Individual or Network Named User License Option: -Programs may be run on an Automation Server or from an External Application if -the Program license is dedicated to this use and is not used for other -purposes, and the Program is not used on more than one (1) Computer at any -time. - -ix) Programs licensed under Designated Computer License Option: Programs may be -run on an Automation Server or from an External Application if the Program -license is dedicated to this use and is not used for other purposes. - -x) Programs licensed under Concurrent License Option, Total Headcount License -Option or Enterprise License Option: -Programs may be run on an Automation Server or from an External Application. - - -3. Transformation Programs and Client Access Licenses - - 3.1. Transformation Programs - - The Transformation Programs are: - - MATLAB Coder - - Simulink Coder - - Embedded Coder - - HDL Coder - - Filter Design HDL Coder - - Simulink PLC Coder - - GPU Coder - - MATLAB Compiler - - MATLAB Compiler SDK - - Simulink Compiler - - Simulink Code Inspector - - Simulink Design Verifier - - Polyspace Bug Finder - - Polyspace Code Prover - - - Section 3.14 of the Software License Agreement states that you are not - permitted to "create a server or automated system for the Transformation - Programs without obtaining a license from MathWorks that expressly allows such - use." The Transformation Programs may be used in Personal Automation - Servers or Personal External Applications. The Transformation Programs may - only be used in Automation Servers or External Applications if you have - sufficient licenses as described in Section 3.2 below. - - Polyspace Bug Finder and Polyspace Code Prover may not be used in an - Automation Server except to prepare and initiate analysis performed by - Polyspace Bug Finder Server and Polyspace Code Prover Server when used in - conjunction with MATLAB Parallel Server. - - 3.2. Client Access Licenses - Client Access Licenses (CALs) are licenses that give you the right to use - Transformation Programs to process Program Input Artifacts in an Automation - Server, or to call Transformation Programs from an External Application, if - you do not otherwise have sufficient licenses for the Transformation - Programs. - - CALs are only offered for Standard Licenses and only with an Annual term. - - If a Licensee is using a Transformation Program to process Program Input - Artifacts in an Automation Server, or calling a Transformation Program from - an External Application: - - * For Transformation Programs in the MATLAB and Simulink product - families, the Licensee's total number of licenses (including CALs) for - the Transformation Program must be no less than the number of MATLAB or - Simulink licenses used to create or modify the Program Input Artifacts. - - * For Transformation Programs in the MATLAB and Simulink product families - licensed under the Concurrent License Option, the Licensee's total number - of licenses (including CALs) for the Transformation Program may instead - be based on the number of Licensed Users of MATLAB or Simulink licenses - used to create or modify the Program Input Artifacts. - - * For Transformation Programs in the MATLAB and Simulink product families - licensed under the Enterprise License Option, each user's total desktop - usage of the Transformation Program (including CALs for such - Transformation Program), must be no less than such user's total desktop - usage of the MATLAB or Simulink licenses used to create or modify the - Program Input Artifacts processed by such Transformation Program. - - Examples: - - 1. Licensee uses MATLAB to create or modify MATLAB files processed by - MATLAB Compiler in an Automation Server or External Application. - - * If Licensee has 5 Individual licenses of MATLAB and 2 Individual licenses - of MATLAB Compiler, Licensee needs to purchase 3 Individual MATLAB - Compiler CALs. - * If Licensee has 5 Individual licenses of MATLAB and 5 Individual licenses - of MATLAB Compiler, no CALs are needed. - - - 2. Licensee uses Simulink to create or modify Simulink models processed by - Simulink Coder in an Automation Server or External Application. - * If Licensee has a Concurrent license with 10 Simulink keys and 3 Simulink - Coder keys, Licensee needs 7 Simulink Coder CAL keys. - * If Licensee has a Concurrent license with 10 Simulink keys and 10 - Simulink Coder keys, no CAL keys are needed. - - - -Part Four: Software Maintenance Service and Updates - -1. Software Maintenance Service -MathWorks Software Maintenance Service is required in order to receive the -following services:[fn4] - -* Product general releases with new features, enhancements, and bug fixes - -* Direct technical support by phone, email, and web - -* Ability to add new Programs[fn5] - -* Enhanced access and storage for online services including MATLAB Mobile, MATLAB - Drive, and MATLAB Online - -* Access to prereleases of Programs that are available for pre-release - -* Add-ons and Support Packages via Add-On Explorer - -* Converting License Option[fn6] - -* Transferring Programs[fn5,fn6] - -* Changing country of Licensed Users or changing License to global use[fn6] - -* Enhanced web access to trial licenses of Programs - -You must keep your Software Maintenance Service up to date to receive these -services uninterrupted. For Annual and Term licenses, Software Maintenance -Service is included as part of the license and will expire automatically at the -end of the term. For Perpetual licenses, the first year of Software Maintenance -Service is included with the initial purchase and you must renew annually after -that. - -Fees for subsequent year Software Maintenance Service renewals are calculated -based on the Programs and License Offering. Software Maintenance Service must -be purchased for a minimum of one year (12 months) forward. - - 1.1 Fees for Lapsed Software Maintenance Service - - For Perpetual licenses, if your Software Maintenance Service has expired - without being renewed, you may reinstate it by paying the fees described - below. Reinstating will provide access to all Software Maintenance Service - services available at the time of reinstatement, including the latest - versions of Programs licensed. - - Your quote to reinstate lapsed Software Maintenance Service for Programs - will include fees for the forward service period, any applicable back - maintenance fees for the lapsed period, and a reinstatement fee of 25% of - the annual cost of Software Maintenance Service. These fees are subject to - change. - - -2. Updates -As needed, MathWorks provides software Updates between general releases of the -Programs. Updates for a general release are available to all Licensees who have -access to that general release. Software Maintenance Service is not required to -receive Updates. - -Updates provide bug and security fixes that you can apply to an existing -installation. Updates are available for general releases starting with R2013b. - -You can receive information about Updates through MATLAB desktop notifications -or through the Bug Report System on the MathWorks website at -https://www.mathworks.com/support/bugreports/. The Bug Report System provides -information about bugs, security issues, workarounds, and Updates, and allows -you to create a watchlist to be notified automatically via email about issues -of interest. - -Part Five: Glossary of Terms - -"Academic Internal Operations" means the use of the Programs by enrolled -students, employees (faculty and academic staff), and other academic staff -(including visiting professors and researchers), provided that such other -academic staff have been granted institution email accounts and internal -network login privileges by the Licensee. Such use must be in accordance with -the Educational Institutions License Use acquired, for the purpose of (i) in -the case of employees and other academic staff, performing software -administration, teaching, and noncommercial, academic research in their -ordinary course; and (ii) in the case of enrolled students, meeting classroom -requirements of courses and study offered by the Licensee. Academic Internal -Operations includes Data Center Use as described in Part One, Section 2.2(iv) -above. - -"Application" means binary executable software that runs independently of the -Programs, consisting of one or more software files that Licensee has created by -either (a) using a Program to compile or translate Licensee created Source Code -or (b) incorporating or linking any part of any compiled Source Code, library -file, or other Program Component provided with the Program. An Application -must contain original code developed by Licensee and must provide substantial -functionality not contained in, or provided by, the Program Components that are -incorporated into such Application. If a software file created by a Licensee -incorporates Program Components, but does not meet the requirements of the -previous two sentences, then it is a Derivative Form (as defined below). An -Application may contain Linked Object Code which, if such Object Code was not -Linked to the Application and was a standalone file, would otherwise have been -deemed a Derivative Form. - -"Application License" means a license for an Application that contains terms -and conditions that (a) are at least as restrictive as the terms and conditions -of the Software License Agreement (b) explicitly exclude MathWorks and its -Licensors from all liability for damages or remedies; (c) do not provide a -warranty for any Program; (d) do not transfer or convey any use or deployment -rights for any Program without MathWorks consent; and (e) prohibit the removal -of any copyright, trademark, logo, proprietary rights, disclaimer or warning -notice included on or embedded in any part of the deployed Application. -Further, if Licensee's Application is generated with a Compiler Program, then -Licensee's Application License shall include or incorporate by reference the -terms of the MATLAB Runtime License available at [MCR Install -Directory]\[release]\matlabruntime_license_agreement.pdf located within the -installation for the MATLAB Runtime. - -"Coder Programs" means Simulink Coder, MATLAB Coder, Embedded Coder, HDL Coder, -Filter Design HDL Coder, Simulink PLC Coder, and GPU Coder. - -"Compiler Programs" means MATLAB Compiler and Simulink Compiler. - -"Derivative Form" means a software file that Licensee has derived from one or -more Program Components (including without limitation by incorporating, -translating, or modifying, in whole or in part, any Program Component), and -which, if modified or copied without MathWorks' authorization, would constitute -a copyright infringement or breach of the Agreement. A software file created -by Licensee which qualifies as an "Application" under the above definition -shall not be deemed a Derivative Form. - -"Generated Form" means the output of the Transformation Programs in the form of -Source Code or Object Code, as well as such Source Code converted to Object -Code or Linked forms. - -"Internal Operations" means the use of a Program by employees, consultants, -student interns, and software administration contractors of Licensee or an -Affiliate on behalf of the Licensee or Affiliate. - -"Linked" means an executable or loadable file created by a compiler or linker -program combining Object Code module files. - -"MATLAB Runtime" means MATLAB Runtime support libraries and other files for -deployment of Applications created with a Compiler Program. MATLAB Runtime is -a Program Component of the MATLAB Compiler. - -"Named User" means a Licensed User, that must be an individual, designated and -identified by the Licensee as the "Named User" for a License to a Program, and -in respect to the Network Named User License Option, listed in the license -options file. - -"Object Code" means the code created by a system compiler from source code; -also called "machine-readable code." Object Code can be Linked with an -appropriate linker to resolve address references and may be combined with other -Object Code for targeted execution on a specific processor. Object Code -includes "Object Code libraries" and "shared libraries," which are groupings of -Object Code for specific purposes. - -"Program" means the software licensed under the Software License Agreement, -including Program Components, Documentation, enhancements, and error -corrections. Each product licensed is a separate Program. - -"Program Component" means any portion of, or file provided with, a Program. - -"Source Code" means human-readable program code written in a higher-level -language such as C, C++, Java, MATLAB, MDL, SLX, VHDL, Verilog, or Fortran, -which must be translated or compiled into machine-readable code before it can -be executed by a computer. Source Code also includes header files and other -human-readable files necessary for a Program to be compiled in the higher-level -language. - -"Transformation Programs" are the Programs listed in Part Three, Section 3.1. - -"Updates" means software updates to the Programs as described in Part Four, -Section 2. - -Footnotes - -[fn1] Details vary for Programs listed in Section 3 below, Specific Program -Use Rights - -[fn2] Solely in respect to a Concurrent License Option licensed for a Standard -License Use, "Country" means in respect to member countries of the United -States-Mexico-Canada Agreement ("USMCA") or any successor agreement, all such -countries collectively; and in respect to Iceland, Norway, Switzerland, the -United Kingdom, and member countries of the European Union ("EU"), all such -countries collectively. - -[fn3] Microsoft and Skype are registered trademarks of Microsoft Corporation. - -[fn4] Services may vary depending on License Offering. - -[fn5] Program dependency rules apply. - -[fn6] Additional fees may apply. - -03/2023 - -