Global Utilities

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Scroll down, read Licence, click button at foot of page.

ESCI PPS p intervals: FREE

ESCI IBI levels of confidence: FREE

ESCI CInext PM: FREE

ESCI Inference by eye: FREE

ESCI APR Simulation: FREE

ESCI APR Figures: FREE

ESCI JSMS: FREE

ESCI Ustanding Stats: FREE


Download user notes for ESCI-delta, without charge, as a PDF file (175k). (These notes may be updated. Current version: 23 July 2001. Bookmark this site.) User Notes
Any ESCI-delta software download is a 1.2MB file. Save it to disk. Double-click the .exe file and it unzips automatically into a folder containing ESCI-delta. If there is a README file, note this first. Options, accessible after accepting the conditions below, are:
ESCI-delta, DEMO version: FREE

ESCI-delta, INDIVIDUAL licence: US$15

ESCI-delta, LOCAL NETWORK licence: US$65
Permits mounting of ESCI-delta on a local network with up to 50 networked computers.

(Email ESCI for other requirements, including bulk deals for classes of individual students.)

WARNING: Permission to use the ESCI software is conditional on you, the customer, agreeing to the terms set out below. Do not download the software until you have read and accepted all the terms of this licence and wish to become the licensee of the software. At the bottom of the page you will find two buttons. If you click on "ACCEPT", you will be deemed to have accepted the terms of the licence and this will bind you, your employees and your enrolled students. If you do not wish to accept the terms, click on "DO NOT ACCEPT".


1.

1.1

Licence

Pursuant to this licence, the licensee acquires a non-exclusive right to:

(a) use the ESCI program (INDIVIDUAL or LOCAL NETWORK version) or the demonstration version depending on the licence fee paid;
(b) make one copy for backup purposes only; and
(c) use the program strictly in accordance with the provisions of this licence and the user notes.

2.

2.1

Licence Fee

The licensee is not entitled to use the program until the licence fee has been paid.

3.

3.1

Licensee’s Obligations

The licensee hereby undertakes the following obligations:

(a) to not copy, reproduce, translate, adapt, vary or modify the program without the express consent of LA TROBE UNIVERSITY, except as expressly authorised by this agreement;
(b) to supervise and control the use of the program in accordance with the terms of this licence;
(c) to ensure its employees, enrolled students, sub-contractors and other agents who have authorised access to the program are made aware of the terms of the licence;
(d) to not provide or otherwise make available the program in any form to any person other than those referred to in paragraph (c) without the written consent of LA TROBE UNIVERSITY; and
(e) to not use the program in connection with a service bureau operation.

4.

4.1

Warranty

The licensee acknowledges that the program cannot be guaranteed error free and further acknowledges that the existence of any such errors shall not constitute a breach of this licence.

4.2

If any statute implies terms into this agreement which cannot be lawfully excluded, such terms will apply to this agreement, save that the liability of LA TROBE UNIVERSITY for breach of any such implied term will be limited, at the option of LA TROBE UNIVERSITY, to any one or more of the following:

(a) the replacement of goods to which the breach relates or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.

4.3 LA TROBE UNIVERSITY will not be liable for any indirect or consequential damages arising out of a breach of this licence or arising out of the supply of a defective program.
4.4 The licensee acknowledges that it has exercised its independent judgment in acquiring the program and has not relied on any representation made by LA TROBE UNIVERSITY which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by LA TROBE UNIVERSITY.

5.

5.1

Copyright

The licensee acknowledges that the program is the subject of copyright. The licensee shall not during or at any time after the expiry or termination of this licence permit any act which infringes that copyright and, without limiting the generality of the foregoing, the licensee specifically acknowledges that it may not copy the program except as otherwise expressly authorised by this agreement.
5.2 The licensee indemnifies LA TROBE UNIVERSITY fully against all liabilities, costs and expenses which LA TROBE UNIVERSITY may incur to a third party as a result of the licensee’s breach of the copyright provisions of this agreement.

6.

6.1

Term of Licence

This licence commences upon payment of the licence fee and is granted in perpetuity, but may be terminated in the following circumstances:

(a) if the licensee is in breach of any term of this agreement;
(b) if the licensee, being a corporation, becomes the object of insolvency proceedings;
(c) if the licensee, being a firm or partnership, is dissolved; or
(d) if the licensee destroys the program for any reason.

6.2 On termination, the licensee or its representative shall destroy any remaining copies of the program or otherwise return or dispose of such material in the manner directed by LA TROBE UNIVERSITY.
6.3

Termination pursuant to this clause shall not affect any rights or remedies which LA TROBE UNIVERSITY may have otherwise under this licence or at law.

7.

7.1

Assignment

The benefit of this agreement shall not be dealt with in any way by the licensee (whether by assignment, sub-licensing or otherwise) without LA TROBE UNIVERSITY’s written consent.

8.

8.1

Waiver

Failure or neglect by either party to enforce any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of that party’s rights under this licence.

9.

9.1

Governing Law

This licence shall be governed by and construed according to the laws of the state of Victoria, Australia.


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