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End-user licence agreement

This is the same agreement presented when you install FireFlow Studio for FDS. It is reproduced here so you can read it before you download.

FireFlow Studio — END-USER LICENSE AGREEMENT

Version 1.0 — Effective on first installation.

IMPORTANT — READ CAREFULLY. This End-User License Agreement ("Agreement") is a
legal agreement between you (either an individual or a single entity, "You") and
FireFlow Studios for FDS, ABN 38 592 552 472, of Queensland, Australia
("Licensor") for the FireFlow Studio software application, including
all associated files, data, media, and documentation ("Software"). By
installing, copying, clicking "I Agree", or otherwise using the Software, You
agree to be bound by the terms of this Agreement. If You do not agree, do not
install or use the Software.

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1. LICENSE GRANT
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Subject to Your compliance with this Agreement and payment of the applicable
license fee, Licensor grants You a perpetual, non-exclusive, non-transferable,
non-sublicensable license to install and use one (1) copy of the Software on
devices You own or control, for Your internal business or personal purposes.
This is a licence of the Software, not a sale. Licensor retains all right,
title, and interest in and to the Software.

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2. RESTRICTIONS
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You shall NOT, and shall not permit any third party to:
  (a) copy, distribute, resell, rent, lease, lend, or sublicense the Software;
  (b) reverse engineer, decompile, or disassemble the Software, except to the
      extent that such activity is expressly permitted by applicable law
      notwithstanding this limitation;
  (c) modify, adapt, translate, or create derivative works of the Software;
  (d) remove, alter, or obscure any proprietary notices on the Software;
  (e) use the Software to develop a competing product; or
  (f) circumvent any licensing, activation, or usage-control mechanism.

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3. NO PROFESSIONAL ADVICE; RESULTS MUST BE VERIFIED
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The Software is a modelling and visualisation tool. It prepares input for, and
displays output from, third-party fire-simulation and analysis engines. It is
NOT a substitute for the independent judgement of a qualified fire, structural,
or life-safety engineer, nor for compliance with any applicable code, standard,
or regulation.

All results, calculations, simulations, and visualisations produced with or by
the Software — including but not limited to temperatures, heat fluxes, smoke and
visibility predictions, and heat-transfer/structural estimates — are
APPROXIMATIONS that depend on user inputs, modelling assumptions, mesh
resolution, and the underlying simulation engines. They may contain errors and
may not reflect real-world behaviour. You are solely responsible for
independently checking, validating, and interpreting all inputs and outputs, and
for any decisions or designs based on them. Do not rely on the Software as the
sole basis for any life-safety, regulatory, financial, or engineering decision.

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4. DISCLAIMER OF WARRANTIES
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THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND
NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ACCURATE,
RELIABLE, COMPLETE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR
THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK ARISING OUT OF
YOUR USE OF THE SOFTWARE AND ITS RESULTS.

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5. LIMITATION OF LIABILITY
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR
ITS OWNERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF
PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, PROPERTY DAMAGE,
PERSONAL INJURY, OR OTHER LOSSES, ARISING OUT OF OR RELATED TO THE SOFTWARE, ITS
RESULTS, ANY INACCURACY, BUG, CRASH, DEFECT, OR FAILURE, OR YOUR USE OF OR
INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S TOTAL AGGREGATE
LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS
AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE LICENSE TO THE
SOFTWARE.

Some jurisdictions do not allow the exclusion or limitation of certain
warranties or liabilities, so some of the above may not apply to You. Nothing in
this Agreement excludes or limits any liability that cannot be excluded or
limited under applicable law (including, where applicable, liability for death
or personal injury caused by negligence, or for fraud). Where liability cannot
be excluded but can be limited, Licensor's liability is limited to the maximum
extent permitted by law.

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5A. AUSTRALIAN CONSUMER LAW
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Nothing in this Agreement excludes, restricts or modifies any guarantee, right or
remedy You may have under the Australian Consumer Law (Schedule 2 to the
Competition and Consumer Act 2010 (Cth)) or any other law where to do so would be
unlawful.

Our goods and services come with guarantees that cannot be excluded under the
Australian Consumer Law. For major failures with the service, You are entitled to
cancel Your service contract with us and to a refund for the unused portion, or
to compensation for its reduced value. You are also entitled to be compensated
for any other reasonably foreseeable loss or damage. If the failure does not
amount to a major failure, You are entitled to have problems with the service
rectified in a reasonable time and, if this is not done, to cancel Your contract
and obtain a refund for the unused portion of the contract.

Where the Australian Consumer Law applies and permits us to do so, our liability
for a failure to comply with a consumer guarantee (other than a guarantee under
sections 51 to 53 of the Australian Consumer Law) is limited, at our option, to
replacing the Software, supplying the Software again, or paying the cost of
having the Software supplied again.

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6. INDEMNIFICATION
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You agree to indemnify and hold harmless Licensor from any claims, damages,
liabilities, costs, and expenses (including reasonable legal fees) arising out of
Your use of the Software, Your breach of this Agreement, or any decision, design,
or deliverable You produce using the Software.

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7. THIRD-PARTY SOFTWARE
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The Software interoperates with, and may include or reference, third-party and
open-source components, and third-party simulation engines (including the Fire
Dynamics Simulator and Smokeview produced by the U.S. National Institute of
Standards and Technology). Such components are provided under their own licenses;
see the accompanying THIRD_PARTY_NOTICES file. Licensor makes no warranty and
accepts no liability in respect of any third-party component or engine. The Fire
Dynamics Simulator, Smokeview, and any other third-party names are the property
of their respective owners; FireFlow Studio is not affiliated with, endorsed by, or
sponsored by any of them.

Certain optional features of the Software (for example, the heat-transfer / FEA
analysis) require additional third-party software that is NOT provided with the
Software and that You must obtain and install separately, under that software's
own license. The Software merely invokes such separately-installed software if
it is present. Your use of any such third-party software is governed solely by
its own license and is Your responsibility.

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8. DATA AND PRIVACY
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The Software runs locally on Your device. It contains no telemetry, analytics or
usage tracking, and it does not transmit Your models or results to Licensor.
Licence activation is performed offline on Your own machine. Any files You open,
create, or save remain under Your control.

If You choose to use "Report a Problem", the Software prepares a report and opens
it in Your own email client. You decide whether to include Your current model and
You send the message Yourself. Where You do send a model file, Licensor will use
it only to reproduce and diagnose the issue You reported, and will delete it once
that issue is resolved; it is not retained or kept in any archive.

See the Privacy Statement at https://fireflowstudio.com.au/privacy.html for
details.

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9. TERM AND TERMINATION
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This Agreement is effective until terminated. It terminates automatically if You
breach any term. On termination You must cease all use of the Software and
destroy all copies. Sections 2–7 and 9–11 survive termination.

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10. EXPORT AND COMPLIANCE
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You shall comply with all applicable export-control and sanctions laws and shall
not use or export the Software in violation of them.

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11. GOVERNING LAW; GENERAL
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This Agreement is governed by the laws of Queensland, Australia, without regard
to its conflict-of-laws rules, and the courts of Queensland, Australia shall have
exclusive
jurisdiction. If any provision is held unenforceable, the remaining provisions
remain in full force. This Agreement is the entire agreement between the parties
regarding the Software and supersedes all prior understandings. Licensor's
failure to enforce any right is not a waiver.

By using the Software, You acknowledge that You have read this Agreement,
understand it, and agree to be bound by its terms.

FireFlow Studios for FDS (ABN 38 592 552 472)
info@fireflowstudio.com.au
https://fireflowstudio.com.au

See also the Privacy statement and Third-party notices.