End user agreement for ShapeBook with 2D3DSteel
South Fork Technologies, Inc.
End-User License Agreement for
ShapeBook 2009 with 2D3DSteel 2009
IMPORTANT READ CAREFULLY:
This South Fork Technologies End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and South Fork Technologies, Inc. for the software product identified above, which includes computer software and associated media, and printed materials, and may include online or electronic documentation (Software).
BY USING THIS SOFTWARE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Subject to payment of applicable license fee(s), South Fork Technologies grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") as follows:
This version of ShapeBook is shareware. You are granted a license to use it for a period of up to 30 days. After that time, you are required to purchase the product(s) through registration or discontinue its use and uninstall it from your computer. You may install and use one copy of the Software on a single computer.
You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Software is run from the storage device. A license for the Software may NOT be shared or used concurrently on different computers.
If you have acquired this EULA in a South Fork Technologies License Pack, you may make the number of additional copies of the computer software portion of the Software authorized on the printed copy of this EULA or other documentation provided by South Fork Technologies, provided that every copy contains all of the original Software's proprietary notices, and you may use each copy in the manner specified above. The number of copies that may be installed or run pursuant to the License Pack is comprised of the total number of copies installed or run on any platform.
You are allowed to make copies of this software and distribute it to your friends and colleagues, on Internet Website(s), over networks, and so on. If you distribute this software, you agree to distribute the installation executable which contains the associated files together as a group or an exact duplicate of all the files as a group which are contained on the original distribution media. The attached pad_file.xml data record is hereby incorporated by reference. Any distribution satisfying all the distribution requirements expressed in that data record is hereby authorized. All rights not expressly granted are reserved to the producer. Distribution of the product is expressly prohibited, except as specifically authorized by the producer. The producer may revoke any permissions granted to the distributor, by notifying the distributor in writing.
Ownership of software:
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. As a licensee, you own the media upon which the software is recorded or distributed and are entitled to use the software, but do not have title or ownership of the original software or all subsequent copies. This license is not a sale of the software or any copy. You are not allowed to make any modifications to, or create derivative works from any of the files that are used in this software. This includes all the executable, help, image, installation, and readme files.
You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software. You must provide South Fork Technologies notification in writing of the transfer by including a completed order form with the recipients name, address, and the word "TRANSFER" boldly written at the top of the form.
Limitations on Modification, Reverse Engineering, Decompilation, and Disassembly:
You may not modify, reverse engineer, decompile, or disassemble the Software, or create derivative works based upon the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components:
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not remove any proprietary notices or labels on or in the Software.
You may not rent or lease the Software.
Without prejudice to any other rights, South Fork Technologies may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
If the Software is an upgrade from another product, whether from South Fork Technologies or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a South Fork Technologies product, you now may use that upgraded product only in accordance with this EULA. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by South Fork Technologies, Inc. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software.
U.S. Government Restricted Rights:
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs C(1) (ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013 or in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: South Fork Technologies, Inc., 1231 S. Toutle Rd, Toutle, WA 98649, USA
None of the Software or underlying information or technology may be installed, downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing, downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
High Risk Activities:
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). South Fork Technologies and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact South Fork Technologies for any reason, please contact the South Fork Technologies subsidiary serving your country, or write: South Fork Technologies, 1231 S Toutle Rd, Toutle, WA, 98649, USA.
South Fork Technologies warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. South Fork Technologies does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. South Fork Technologies also warrants that the media containing the Software, if provided by South Fork Technologies, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE, IF ANY, ARE LIMITED TO NINETY (90) DAYS.
South Fork Technologies and its suppliers entire liability and your exclusive remedy shall be, at South Fork Technologies option: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) South Fork Technologies advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform South Fork Technologies of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will South Fork Technologies be obligated to honor this warranty. South Fork Technologies will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. Outside the United States, neither these remedies nor any product support services offered by South Fork Technologies are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUTH FORK TECHNOLOGIES AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL SOUTH FORK TECHNOLOGIES, ITS SUPPLIERS, OR ITS RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SOUTH FORK TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SOUTH FORK TECHNOLOGIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT SOUTH FORK TECHNOLOGIES RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You acknowledge that you have read this agreement, understand it, and that by opening or using this software you agree to be bound by these terms and conditions. You further agree that this is the complete and exclusive statement of the agreement that governs your use of this software, which supersedes any proposal or prior agreement. All rights in the software not specifically granted in this Agreement are reserved by the author.
Thank you for using ShapeBook 2009 with 2D3DSteel 2009 and for supporting the shareware concept.