DISCUS™ License

Notice. A copy of the software application known as DISCUS™ (the “Application”) will be or is being provided to you and licensed to you in one of the following license conditions – trial, evaluation, subscription or one-time fee. Please read this license carefully. By installing or using all or any portion of the Application, you accept all the applicable terms and conditions of this license. You agree that this license is enforceable like any written negotiated agreement signed by you. This license is enforceable against you and any legal entity that obtained the Application and on whose behalf it is installed or used. If you do not agree, do not install or use this Application.

DISCUS™ Trial/Evaluation License
Notice to Trial User: The Trial version of the Application may have limitations to include, but not limited to, only operating on the sample input files provided with the Trial version.
Notice to Evaluation User: The Evaluation version of the Application may have limitations to include, but not limited to, only operating for a limited time.

1. DISCUS Software Company, an Ohio corporation (“DSC”), owns all intellectual property in the Application. DSC permits you to install and evaluate the Software only with the applicable limitations and only in accordance with the terms of this Trial/Evaluation license. Provided that you accept all the terms and conditions of this trial/evaluation license, you are hereby authorized to install and review one copy of the Software in machine readable object code format only, together with on-screen end-user documentation. All right, title, and interest in and to the Application is retained by DSC, and is disclosed to you only for trial/evaluation purposes in accordance with the terms of this trial/evaluation license. The limited right conferred by this trial/evaluation license is nontransferable and is revocable at will by DSC.

2. The Application is provided to you on a confidential basis and is to be used and handled by you only to the limited extent necessary for your internal review in accordance with the limitations herein. The Application is a commercially valuable, proprietary, unpublished product of DSC, the design and development of which reflect the efforts of skilled development experts and the investment of considerable time and money. The Application is based on substantial trade secrets of DSC, and DSC claims and reserves all rights and benefits afforded under trade secret law, United States copyright law, and international copyright treaties in the Application as an unpublished work. You acknowledge that unauthorized disclosure or use of the Application will cause immediate and irreparable harm to DSC. Accordingly, DSC shall have the right to seek and obtain preliminary and final injunctive relief to enforce this trial/evaluation license in case of any actual or threatened breach.

3. You are required to devote your best efforts to prevent any use or disclosure of the Application or of any trade secret embodied or reflected in the Application, except to the limited extent necessary for purposes of your internal review of the Application. You consequently agree to ensure that all of your personnel afforded access to the Application or any trade secret embodied or reflected therein protect such material and trade secrets against any improper use or disclosure. You agree that no copies shall be made of the Application or any portion thereof without this trial/evaluation license and that you shall not reverse engineer or decompile the object code of the Application into source code.

It is understood that the foregoing shall not apply to information that (1) is in the public domain through no fault of your own at the time of its disclosure to you, (2) is independently developed by you or others without reliance on the information, media, and materials provided to you hereunder, or (3) subsequent to disclosure hereunder, is disclosed to you without restriction by a person having the right to make such a disclosure without breach of an obligation of confidentiality.

4. You are required to uninstall or delete the Application, including all portions or copies thereof, upon the earliest of (1) the conclusion of your evaluation of the product, or (2) the written demand of DSC. The terms of this trial/evaluation license regarding the protection and security of the Application shall remain in full force and effect for so long as you continue to use, possess, or have access to the Application, including any trade secrets embodied or reflected therein.

5. You agree, in consideration for the opportunity to review and inspect the Application:

a. To refrain for a period of two years from the date of this trial/evaluation license from developing and marketing any other software program that might tend to compete with the Application.
b. That DISCUS Software Company and any affiliated companies may include the name of your company or
organization as an enterprise that is interested in the product, considering the purchase of the product, reviewing, trying or piloting the product, etc. as applicable, in public marketing and sales information, in direct communications with other enterprises and/or any similar public or private sale and marketing communications.

6. DSC expressly disclaims any warranty that the Application is error or bug free. Accordingly, you agree that you will use the Application carefully and will not use it in any way which might result in any loss of, damage to, or unauthorized disclosure of DSC’s, your, or any third party’s property or information. The Application provided pursuant to this trial/evaluation license is provided free of charge on an “AS IS/AS AVAILABLE” basis. DSC expressly disclaims any warranty or representation to you or to any other party, express or implied, with respect to the Application or any services provided hereunder. Without limiting the forgoing, any implied warranty of merchantability or fitness for a particular purpose is expressly excluded and disclaimed.

7. DSC shall not be liable in any event for special, direct, indirect, incidental, exemplary, or consequential damages or loss of goodwill resulting from any defect in the Application or the use or inability to use the Application, or the performance or non-performance of any services, including the failure of essential purpose, even if DSC has been notified of the possibility or likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, product liability, or otherwise.

8. This trial/evaluation license shall be governed by and construed in accordance with the laws of the state of Ohio without regard to principles of choice of law and without the aid of any canon, custom, or rule of law requiring construction against the draftsman. Both parties to this trial/evaluation license consent to the exclusive jurisdiction and venue of the state and federal courts located in the state of Ohio and agree that this forum is convenient and waive any objection thereto.

9. This trial/evaluation license contains the entire agreement between you and DSC and may be changed only by an instrument in writing executed by both parties.

10. No failure or delay by DSC in enforcing any right, power, or privilege created hereunder shall operate as an implied waiver thereof, nor shall any partial enforcement of the provisions thereof preclude any other or future enforcement thereof.

11. Any notices or other communications required or permitted to be given or delivered under this trial/evaluation shall be provided in writing (including fax transmission or email, with confirmation of delivery), which shall be sufficiently given if delivered personally, mailed by registered first class mail, postage prepaid, or sent via reputable express delivery courier or any other means for which a proof of delivery is provided. Notices shall be sent to a party at its address as set forth below or as provided by you in connection with your receipt of the Application, or, if no address was provide in connection with your receipt of the Application, to such other address as best determined by DSC.

12. United States Government Restricted Rights. The enclosed Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Application clause at 48 C.F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Application — Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is DISCUS Software Company, 829 Bethel Road, Columbus, OH 43214.

DISCUS™ One-time Fee License

1. NOTICE. A copy of the software application known as DISCUS™ (the “Application”) will be provided to you and licensed to you only on the condition that, and for so long as:

  • you pay the one-time license fee; AND,
  • you accept all of the terms contained in this One-time Fee License.

Your installation and use of the Application constitutes your acceptance of these terms in their entirety.

2. Ownership and License. This is a license agreement and NOT an agreement for sale. DISCUS Software Company(“We”) continue to own the copy of the software provided to you and all other copies that you are authorized by this One-time Fee License to make. Your rights to use the Application are specified in this One-time Fee License, and we retain all rights not expressly granted to you in this One-time Fee License. Nothing in this One-time Fee License constitutes a waiver of our rights under U.S. Copyright law or any other federal or state law or international treaty. You agree that this One-time Fee License is enforceable like any written negotiated agreement signed by you. This One-time Fee license is enforceable against you and any legal entity that obtained the Application and on whose behalf it is installed or used. If you do not agree, do not install or use this Application. Return it to us and your license fee will be refunded.

3. Permitted Uses. You are granted the following rights to the Application:

(a) Right to Install and Use. For One-time Fee Node Locked, you may install and use this Application on the hard disk of a single computer. For One-time Fee Floating, you may install and use this Application on the hard disk of a multiple computers, but only the number of purchased floating licenses may be used at the same time, as controlled by a DISCUS floating license server program.
(b) Right to Copy. You may copy the Application for backup and archival purposes only, provided that the original and each copy are kept in your possession.

4. Prohibited Uses. You may not, without written permission from us:

(a) Use, copy, modify, merge, or transfer copies of the Application except as provided in this One-time Fee License;
(b) Use any backup or archival copies of the Application (or allow someone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;
(c) Disassemble, decompile or “unlock,” reverse translate, or in any manner decode the Application for any reason; or
(d) Sublicense, lease, or rent the Application.

5. WARRANTY DISCLAIMER. WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

6. LIABILITY DISCLAIMER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.

7. United States Government Restricted Rights. The enclosed Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Application clause at 48 C.F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Application — Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is Characteristic Solutions Company, 829 Bethel Road, Columbus, OH 43214.

8. Termination. This One-time Fee License and your right to use this Application automatically terminate if you fail to pay the license fee, if you fail to comply with any provisions of this One-time Fee License, if you destroy the copies of the Application in your possession, or if you voluntarily return the Application to us. Upon termination you will destroy all copies of the Application and documentation.

9. Miscellaneous Provisions. This is the entire agreement between us relating to the contents of this package, and supersedes any prior purchase order, communications, advertising or representations concerning the Application.

No change or modification of this One-time Fee License will be valid unless it is in writing, and is signed by us. This One-time Fee license shall be governed by and construed in accordance with the laws of the state of Ohio without regard to principles of choice of law and without the aid of any canon, custom, or rule of law requiring construction against the draftsman. Both parties to this One-time Fee license consent to the exclusive jurisdiction and venue of the state and federal courts located in the state of Ohio and agree that this forum is convenient and waive any objection thereto.
You agree 1) to refrain for a period of two years from the date of purchase from developing and marketing any other software program that might tend to compete with the Application and 2) that DISCUS Software Company and any affiliated companies may include the name of your company or organization as an enterprise that has purchased the product, in public marketing and sales information, in direct communications with other enterprises and/or any similar public or private sale and marketing communications.

DISCUS™ Subscription License

1. NOTICE. A copy of the software application known as DISCUS™ (the “Application”) will be provided to you and licensed to you only on the condition that, and for so long as:

  • you pay the initial subscription fee and each renewal fee as and when it becomes due; AND,
  • you accept all of the terms contained in this Subscription License.

Your installation and use of the Application constitutes your acceptance of these terms in their entirety.

2. Ownership and License. This is a license agreement and NOT an agreement for sale. DISCUS Software Company(“We”) continue to own the copy of the software provided to you and all other copies that you are authorized by this Subscription License to make. Your rights to use the Application are specified in this Subscription License, and we retain all rights not expressly granted to you in this Subscription License. Nothing in this Subscription License constitutes a waiver of our rights under U.S. Copyright law or any other federal or state law or international treaty. You agree that this Subscription License is enforceable like any written negotiated agreement signed by you. This Subscription license is enforceable against you and any legal entity that obtained the Application and on whose behalf it is installed or used. If you do not agree, do not install or use this Application. Return it to us and your Subscription fee will be refunded.

3. Permitted Uses. You are granted the following rights to the Application:

  • (a) Right to Install and Use. For Subscription Node Locked, you may install and use this Application on the hard disk of a single computer. For Subscription Floating, you may install and use this Application on the hard disk of a multiple computers, but only the number of purchased floating licenses may be used at the same time, as controlled by a DISCUS floating license server program.
  • (b) Right to Copy. You may copy the Application for backup and archival purposes only, provided that the original and each copy are kept in your possession.

4. Prohibited Uses. You may not, without written permission from us:

(a) Use, copy, modify, merge, or transfer copies of the Application except as provided in this Subscription License;
(b) Use any backup or archival copies of the Application (or allow someone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;
(c) Disassemble, decompile or “unlock,” reverse translate, or in any manner decode the Application for any reason; or
(d) Sublicense, lease, or rent the Application.

5. WARRANTY DISCLAIMER. WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

6. LIABILITY DISCLAIMER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.

7. United States Government Restricted Rights. The enclosed Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Application clause at 48 C.F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Application — Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is Characteristic Solutions Company, 829 Bethel Road, Columbus, OH 43214.

8. Termination. This Subscription License and your right to use this Application automatically terminate if you fail to pay the subscription fee, if you fail to comply with any provisions of this Subscription License, if you destroy the copies of the Application in your possession, or if you voluntarily return the Application to us. Upon termination you will destroy all copies of the Application and documentation. Otherwise, your rights to use the Application will expire if and when you fail to pay a renewal fee when due.

9. Miscellaneous Provisions. This is the entire agreement between us relating to the contents of this package, and supersedes any prior purchase order, communications, advertising or representations concerning the Application. No change or modification of this Subscription License will be valid unless it is in writing, and is signed by us. This Subscription license shall be governed by and construed in accordance with the laws of the state of Ohio without regard to principles of choice of law and without the aid of any canon, custom, or rule of law requiring construction against the draftsman. Both parties to this Subscription license consent to the exclusive jurisdiction and venue of the state and federal courts located in the state of Ohio and agree that this forum is convenient and waive any objection thereto.

You agree 1) to refrain for a period of two years from the date of purchase from developing and marketing any other software program that might tend to compete with the Application and 2) that DISCUS Software Company and any affiliated companies may include the name of your company or organization as an enterprise that has purchased the product, in public marketing and sales information, in direct communications with other enterprises and/or any similar public or private sale and marketing communications.

DISCUS Software Company
829 Bethel Road
Suite 105
Columbus, OH 43214
Sales: sales@discussoftware.com
Support: support@discussoftware.com