ASTER LABS, INC.
APTUS LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ASTER LABS SOFTWARE. BY USING THE ASTER LABS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
- General. The software (including all content), documentation and any images accompanying the software (if any), whether on disk, in read only memory, on any other media or in any other form (collectively the “ASTER Labs Software”) is licensed, not sold, to you by ASTER Labs, Inc. (“ASTER Labs”) for use only under the terms of this License, and ASTER Labs reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by ASTER Labs that replace and/or supplement the original ASTER Labs Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
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Permitted License Uses and Restrictions.
- Demo License. If you are using the demo version of the ASTER Labs Software, this License allows you to install and use the ASTER Labs Software on a single computer for the sole purpose of evaluating the ASTER Labs Software. The demo version of the ASTER Labs Software expires three (3) days after the date you first launch the ASTER Labs Software. Upon the demo expiration, the ASTER Labs Software becomes unable to be launched.
- APTUS Single User License. This License allows you to install and use one copy of the ASTER Labs Software (whether demo or full version) on a single computer. This License does not allow the ASTER Labs Software to exist on more than one computer at a time, and you may not make the ASTER Labs Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the ASTER Labs Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
- You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the ASTER Labs Software or any services provided by the ASTER Labs Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of Open-Sourced Components included with the ASTER Labs Software). Any attempt to do so is a violation of the rights of ASTER Labs and its licensors of the ASTER Labs Software. If you breach this restriction, you may be subject to prosecution and damages.
- You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork or similar assets (“Digital Imagery”) contained within, or provided as a part of, the ASTER Labs Software, or otherwise use the Digital Imagery outside the context of its intended use as part of the ASTER Labs Software.
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Transfer. You may not rent, lease, lend, redistribute or sublicense the ASTER Labs Software. All components of the ASTER Labs Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, ASTER Labs Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
- Services. Services that may be accessed from the ASTER Labs Software are not available in all languages or in all countries. ASTER Labs makes no representation that such Services are appropriate or available for use in any particular location. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. ASTER Labs reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will ASTER Labs be liable for the removal of or disabling of access to any such Services. ASTER Labs may also impose limits on the use of or access to certain Services, in any case and without notice or liability. You acknowledge that neither ASTER Labs nor its licensors has an express or implied obligation to provide, or continue to provide, the Services now or in the future.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from ASTER Labs if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ASTER Labs Software and destroy all copies, full or partial, of the ASTER Labs Software.
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Disclaimer of Warranties.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ASTER LABS SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE ASTER LABS SOFTWARE AND SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ASTER LABS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ASTER LABS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASTER LABS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ASTER LABS SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE ASTER LABS SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ASTER LABS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ASTER LABS SOFTWARE OR SERVICES WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE ASTER LABS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE ASTER LABS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASTER LABS OR AN ASTER LABS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ASTER LABS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- You acknowledge that ASTER Labs makes no representations or warranties with regard to any web sites or information displayed by or accessed through the ASTER Labs Software, the Services, or any web services performed by the ASTER Labs Software in relation to such sites or information. Certain Services may include materials from third parties. You acknowledge and agree that ASTER Labs is not responsible for examining or evaluating the content or accuracy, completeness, currency, validity or quality of any such third-party material. ASTER Labs does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that ASTER Labs is not in any way responsible for any such use by you. ASTER Labs, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you use, receive or view using the ASTER Labs Software or Services, or for any inaccuracies, errors in or omissions from the content.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ASTER LABS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ASTER LABS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ASTER LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ASTER Labs’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Control. You may not use or otherwise export or re-export the ASTER Labs Software except as authorized by United States law and the laws of the jurisdiction in which the ASTER Labs Software was obtained. In particular, but without limitation, the ASTER Labs Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the ASTER Labs Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- Government End Users. The ASTER Labs Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Minnesota, as applied to agreements entered into and to be performed entirely within Minnesota between Minnesota residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language.This License constitutes the entire agreement between the parties with respect to the use of the ASTER Labs Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by ASTER Labs. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this License shall govern.
ASTER Labs, Inc.
Website Store Return and Refund Policy
We want you to be satisfied with your purchase, and we will attempt to solve purchasing or downloading problems that you may experience to the best of our ability.
However, if you are unhappy for any reason of your purchase, please do the following:
- First refer to the web page of the product for technical support literature that describes how to install and run the software. Many of the problems you may encounter are likely solved by this documentation.
- Ensure your computer and support software meet the minimum system requirements for the software program.
- Or contact us, by emailing your problem to support@asterlabs.com
We will gladly accept returns of packaged software within 30 days of purchase in the unopened packaging only. We will make a full refund less shipping and handling costs once we have received and processed the returned item.
Software purchased on-line through our website store is considered opened at the time of purchase. Therefore there are no returns or refunds of electronic software downloads.
We cannot provide a refund for electronic software downloads because installation licenses are provided within a purchased software download; thus there is no manner that we can ensure our software was removed appropriately from any system after the purchase has been completed.
However, software that has been opened or purchased online is provided with free e-mail support and may be replaced with identical software / media within 10 days of purchase if one or more of the following occurs: the software download did not deliver the software or failed, a license key was not delivered, or the software will not install on a system that meets the minimum requirements.
If you have not received or have lost your software license key, please e-mail support@asterlabs.com and include name, company name, email address, and phone number so we can identify your order.
For additional information, please see Terms of Use
The software you are purchasing requires MATLAB® to execute. Your MATLAB program license number must be provided prior to downloading and installing our software. This license number is easily found using the function "license" or "ver" in your MATLAB command window. For example:
>> license ans = 123456
Please enter your license number (usually a five or six digit number) into the data field as requested. Please note that your license number will only be used for installation purposes, and your login information for the software download. Your license number will not be externally verified either by us or by The MathWorks. If you do not currently own MATLAB, it can be purchased from The MathWorks.
It appears you have previously requested a 3-day trial for this product.
Free trials are offered only once for each product.
Please consider purchasing this product for your use.
If this is an error, as you have not previously requested this product trial or you have a legitimate need for another 3-day trial, please contact us at sales@asterlabs.com and we will work to rectify this situation promptly.