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The MathWorks, Inc. Software License Agreement IMPORTANT NOTICE READ THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT CAREFULLY BEFORE COPYING, INSTALLING, OR USING THE PROGRAMS OR DOCUMENTATION. THE LICENSE AGREEMENT TOGETHER WITH ANY APPLICABLE ADDENDUM REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (THE "LICENSEE") AND THE MATHWORKS, INC. ("MATHWORKS") CONCERNING THE PROGRAM(S) AND DOCUMENTATION. BY COPYING, INSTALLING, OR USING THE PROGRAMS AND DOCUMENTATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO DO SO, DO NOT COPY, INSTALL, OR USE THE PROGRAMS AND DOCUMENTATION. _________________________________________________________________ The MathWorks, Inc. Software License Agreement Installation and Use Addendum (if applicable) Academic Installation and Use Addendum (if applicable) Student License and Home License Installation and Use Addendum (if applicable) Deployment Addendum The MathWorks, Inc. Software License Agreement 1. DEFINITIONS. 1.1. "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 the License, and ensuring that anyone permitted access to the Programs also complies with such obligations. 1.2. "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 that MathWorks has expressly refused to license (or grant access under a license to) its software products or that had a license for MathWorks software products that MathWorks expressly terminated. 1.3. "Application" shall have the meaning ascribed to it in Section 4.1 of the Deployment Addendum anywhere the term is used in the upper case in this Agreement. 1.4. "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. 1.5. "Documentation" means the user guides, if any, accompanying delivery of a Program on DVD 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. Documentation may be delivered in any medium or language. 1.6. "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. 1.7. "Licensed User" means an individual authorized by MathWorks or the Licensee to use the Programs for Licensee's Internal Operations, to the extent permitted by the License Option acquired. 1.8. "License Manager" means the FlexNet license management software, or the MathWorks Hosted License Manager ("MHLM"), provided with the Program(s). 1.9. "License Option" means the specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to this Agreement, including those related to the permitted Activation Type associated with the License Option acquired, as described in the applicable Installation and Use Addendum, and including restrictions associated with the License being an "Annual License," "Term License," "Perpetual License," "Student License," "Home License" or "Certain MATLAB Distributed Computing