End User License Agreement

Design Simulation Technologies, Inc.

The following End User License Agreement applies to all DST desktop software products, including SimWise and the desktop versions of Working Model 2D and Interactive Physics. It is published here so that you can review it before purchase. The license agreement displayed during installation of a particular product version governs that installation; if it differs from the text below, the installed version controls. Please read the entire agreement before you click the “I AGREE” button during installation. The web versions of Interactive Physics and Working Model 2D are governed by our Terms of Service, not by this Agreement.

License Agreement

DESIGN SIMULATION TECHNOLOGIES, INC. (“DST”) IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE AND DOCUMENTATION, WHETHER DOWNLOADED, DELIVERED ON MEDIA, OR ENABLED BY A LICENSE KEY OR HARDWARE KEY (COLLECTIVELY THE “SOFTWARE”), TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT.

IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY BEFORE USING, OPENING, INSTALLING OR ACCESSING THE SOFTWARE. BY SUCH USE OR INSTALLATION, YOU AGREE TO BE BOUND BY ALL OF THE AGREEMENT’S TERMS AND CONDITIONS. BY CLICKING THE “I AGREE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, DST IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD CLICK THE “I DO NOT AGREE” BUTTON TO DISCONTINUE THE INSTALLATION OR DOWNLOADING PROCESS, AND YOU MAY NOT INSTALL OR USE THE SOFTWARE. THIS AGREEMENT IS AVAILABLE AT DESIGN-SIMULATION.COM/CORPORATE/EULA.PHP FOR REVIEW BEFORE PURCHASE. AS STATED IN DST’S TERMS AND CONDITIONS OF SALE, ALL SALES ARE FINAL. IF YOU ARE INSTALLING AN EVALUATION VERSION OF THE SOFTWARE, ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS, AS DESCRIBED IN THIS AGREEMENT, APPLY TO YOUR USE OF THE SOFTWARE. BY CLICKING “I AGREE,” YOU AGREE TO THESE ADDITIONAL TERMS.

Grant of License. DST grants to you a non-exclusive, non-transferable license to use the Software in executable code form and its user documentation for the period described in the corresponding invoice or quote (“License Term”). The Software is licensed, not sold, to you for use only under the terms of this Agreement. Title, copyright and trade secrets in the Software, including copies made by you, remain with DST and its licensors. You understand and agree that DST may integrate software licensed from its licensors with the Software, and that the license granted hereunder does not include, and you are expressly prohibited from using, the integrated software independently from the Software. DST reserves all rights not expressly granted to you by this Agreement and the license granted herein is limited solely to the uses specified in this Agreement.

You must have a reasonable mechanism or process to (a) ensure that the number of users at any one time does not exceed the authorized number of users indicated in this Agreement or the documentation provided with the Software (if no number is specified, then the authorized number of users is one (1)), and (b) prevent access to the Software by any person not authorized under this Agreement to install and use the Software.

PERMITTED USES. You may:

(a) Use the Software only for your own personal or internal purposes and for non-remunerated demonstrations (but not for delivery or sale) in connection with your personal or internal purposes.

(b) If this license is to a commercial organization, use the Software only if you are an employee of such organization.

(c) If this license is to an academic institution, use the Software only if you are a faculty member at such institution and hold a valid faculty ID, or a registered student at such institution and hold a valid student ID.

(d) If this license authorizes one (1) user, install and use the Software on only one (1) computer at any time.

(e) If this license authorizes more than one (1) user as indicated on the corresponding receipt evidencing the purchase of more than a single user license, install and use the Software only at a Single Site (i.e., a campus in the case of an academic institution or a building in the case of a commercial organization) on a number of stand-alone computers, or on a computer network, up to a number equal to or less than the number of authorized users, with simultaneous access up to the maximum number of authorized users. Access by anyone located more than 5 miles from the Single Site is not permitted.

(f) Make copies of the Software only for archival purposes, provided you reproduce and include any proprietary notices, copyright notices, labels or marks on the Software.

(g) FOR EVALUATION SOFTWARE: In addition to the permitted uses described in Sections (a) – (f) above, you may only use the evaluation Software during the evaluation period, and only for the purpose of evaluating the capabilities and performance of the evaluation Software.

NON-PERMITTED USES. You may NOT:

(a) Modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, or copy (except for archival purposes) the Software, except to the extent allowed under applicable law. You acknowledge that the Software and its structure, organization and source code constitute valuable trade secrets of DST and its licensors.

(b) Rent, sell, assign, transfer or grant any rights in the Software to any person or entity without the prior written consent of DST which, if given, is subject to the transferee’s consent to the terms and conditions of this Agreement.

(c) Remove any proprietary notices, labels or marks on the Software.

(d) FOR EVALUATION SOFTWARE: In addition to the restrictions described in Sections (a) – (c) above, you may not use the evaluation Software for production or actual work-related activities. You may not use evaluation Software to develop data for actual design, engineering or other commercial projects. Evaluation Software provided for educational purposes may not be used by educational institutions or their teachers for any instructional purposes or by students for completion of laboratory or homework assignments.

(e) FOR EDUCATIONAL AND STUDENT SOFTWARE: You may not use Software licensed under educational or student pricing terms or otherwise designated as being educational or student for production or work-related activities or any commercial purposes whatsoever. You may not use the Software for any funded research activities without the prior permission of DST.

LICENSE TERM, SUBSCRIPTIONS AND RENEWAL. The License Term is stated on your invoice or quote. A perpetual license has no end date, subject to termination for breach. A subscription license is for the stated Term (normally one (1) year) and renews automatically as described in DST’s Terms and Conditions of Sale unless cancelled. You may cancel a subscription at any time; cancellation takes effect at the end of the then-current Term, and no partial refunds are given. When a subscription or other time-limited License Term ends without renewal, your right to use the Software ends, and the Software may stop operating. Files and models you created with the Software remain yours.

TERM AND TERMINATION. This Agreement is effective from the time you first use the Software or the time you click the “I AGREE” button, whichever is earlier, and continues until the License Term ends or the Agreement is terminated. This Agreement will terminate automatically if you breach any of its terms or conditions, which will enable DST to pursue all appropriate remedies. On expiration or termination, you must stop using the Software, delete or destroy all copies of the Software in your possession, and return to DST any hardware key (dongle) supplied with it if DST requests. On request, you will certify in writing that you have done so.

WARRANTY. DST warrants that the Software, when delivered and properly installed and used unmodified in accordance with its documentation, will for a period of thirty (30) days after the date of delivery (the date DST sends the download link, or, for products that use a hardware key, the date the hardware key is delivered to you) be free of defects and conform in all material respects to DST’s published specifications as set forth in its documentation. DST does not warrant that the operation of the Software will be uninterrupted or that the Software is error free. You must notify DST in writing within that thirty (30) day period of your claim of defect or material nonconformance, and demonstrate such defect or nonconformance to DST’s reasonable satisfaction. If DST determines that the Software is defective, DST shall repair or replace the Software or make reasonable efforts to otherwise remedy such defects, and this shall be DST’s sole obligation and your sole remedy. Any replacement Software will be warranted through the remainder of the original warranty period or thirty (30) days, whichever is longer. If any modification is made to the Software, this warranty shall immediately and automatically terminate and DST shall be released from any further obligations hereunder. THE FOREGOING WARRANTY IS NOT APPLICABLE TO EVALUATION SOFTWARE.

DISCLAIMER. THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY DST AND ITS LICENSORS. DST AND ITS LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DST, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW WARRANTIES. THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENT IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF DST AND ITS LICENSORS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE. DST’S AND ITS LICENSORS’ TOTAL LIABILITY FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE LICENSE, DELIVERY, INSTALLATION, USE, SUPPORT, OR MAINTENANCE OF THE SOFTWARE, SHALL NOT EXCEED THE LICENSE FEE PAID BY YOU TO DST FOR THE SOFTWARE (FOR A SUBSCRIPTION, THE FEE PAID FOR THE LICENSE TERM CONCERNED). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

INDEMNITIES. DST will indemnify you and your company for any claims brought by a third party that the Software infringes upon any U.S. copyright, U.S. patent or U.S. trade secret of any third party. You and your company agree to indemnify DST against any third-party claims for personal injury or property damage arising out of or resulting from the use you make of the Software. These indemnity obligations are conditioned on the indemnified party notifying the indemnifying party promptly in writing of such claim, the indemnified party giving the indemnifying party sole control of the defense thereof and any related settlement negotiations, and the indemnified party cooperating and, at the indemnifying party’s request and expense, assisting in such a defense.

LIMITATIONS OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL DST, ITS LICENSORS, AGENTS OR RELICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ANY ONE OR ALL OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TECHNICAL SUPPORT. Technical support for the Software, including who is eligible, what it covers and excludes, and how to request it, is provided as described in the “Technical Support” section of DST’s Terms and Conditions of Sale (design-simulation.com/corporate/salestc.php). Support requests should be sent to support@design-simulation.com.

PRIVACY. When you purchase, DST collects your order details. When you activate the Software after installation (at which point DST issues your license key), or transfer or revoke a license, DST collects information such as your name, email address, license key, and a computer or hardware-key identifier. DST handles this information as described in its Privacy Policy (design-simulation.com/Corporate/privacy.php).

COPYRIGHT OWNERSHIP. You acknowledge that the Software and its documentation constitute copyrighted works protected by the federal and international copyright laws, including without limitation the U.S. Copyright Act of 1976, as amended. You acknowledge and agree that all such copyrights and intellectual property rights are owned by and remain with DST (or its licensors), and you shall not take any action that would infringe upon any such copyrights, intellectual property rights or other proprietary rights of DST (or its licensors).

GOVERNMENT USE. The Software is a “commercial item” as that term is defined at FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212, and is provided to the U.S. Government only as a commercial end item. Consistent with FAR 12.212 and DFARS 227.7202, all U.S. Government end users acquire the Software with only those rights set forth herein.

EXPORT LAW. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required. You will indemnify and hold DST harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this paragraph. Your obligations under this paragraph will survive the expiration or termination of this Agreement.

ORDER OF PRECEDENCE. This Agreement, together with the documents listed in this paragraph, is the complete and exclusive statement of the terms between you and DST for the Software, and is not modified by the terms of any purchase order or other document issued by you unless they are in a Master License or agreed to in writing by DST. If these documents conflict, the following order applies, highest first: (1) a DST Software License Agreement signed by each party (the “Master License”); (2) your DST quote, order or invoice, to the extent it states products, quantities, prices, License Term or payment terms; (3) this Agreement; (4) DST’s Terms and Conditions of Sale; (5) DST’s Privacy Policy, which governs the handling of personal information.

CHANGES TO THIS AGREEMENT. DST may update this Agreement for future versions or releases of the Software. The version you accepted applies to your current License Term. An updated version applies only when you accept it, for example when you install a new version or renew a subscription. DST will post the current version, with its “Last updated” date, at design-simulation.com/corporate/eula.php, and will notify subscribers of material changes before their renewal date.

GENERAL. If any term or provision of this Agreement shall be found to be illegal, void, or for any reason unenforceable, it shall in no way affect the validity or enforceability of the remaining provisions of this Agreement. DST’s licensors are third-party beneficiaries to this Agreement and, to the extent applicable, this Agreement is enforceable by DST’s licensors in addition to DST. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Neither this Agreement nor any rights or obligations of you the user hereunder may be assigned by you in whole or in part without the prior written approval of DST. The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan in the United States of America, without regard to that state’s conflict-of-law principles. Any dispute arising under this Agreement is subject to the exclusive jurisdiction of the state and federal courts located in Michigan, and you consent to their personal jurisdiction.

CONTACT. Design Simulation Technologies, Inc., 43311 Joy Road, #237, Canton, MI 48187, USA. Technical support: support@design-simulation.com. Licensing and general questions: info@design-simulation.com. Phone: +1-734-446-6935.

Last updated: October 2026

© 2005–2026 Design Simulation Technologies, Inc. All rights reserved. SimWise is a trademark of Design Simulation Technologies, Inc. Dynamic Designer, Interactive Physics and Working Model 2D are either trademarks or registered trademarks of The MSC.Software Corporation in the United States and/or other countries. All other trademarks are the property of their respective owners.