End user agreement for Toolbox LT
Globalcad Consultants Limited
Electronic End User License Agreement
ATTENTION: PLEASE READ THIS ELECTRONIC END USER LICENSE AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE BELOW, THE INDIVIDUAL OR ENTITY OPENING THIS PACKAGE (THE "END-USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE.
The enclosed computer program(s) and the accompanying documentation (together referred to as the "Software") are provided to the End-User by Globalcad Consultants Limited (the "Licensor") for use only under the following terms. The Licensor reserves any right not expressly granted to the End-User. The End-User owns the disk(s) or CD-ROM(s) on which the Software is recorded, but the Licensor retains ownership of all copies of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
The End-User is granted a limited, non-exclusive, non-transferable license to do only the following:
A. Install and maintain the Software on one computer owned by the End-User or under the End-User's control at any time for use only in the End-User's own business.
B. Make one copy of the Software in machine-readable form solely for backup or archival purposes for the computer upon which the Software is installed, provided that the Licensee complies with the express condition to reproduce on any such copy, the Licensor's copyright notice and other proprietary legends on the Software. This Software is protected by copyright law.
The End-User may NOT sublicense, assign, or distribute copies of the Software to others. The Software contains trade secrets. The End-User may NOT de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE OR RESELL DERIVATIVE WORKS BASED UPON THE SOFTWARE OR RESELL COMPUTER PROGRAMS OR SOFTWARE DESIGN TOOLS OR COMPUTER CODE, BASED UPON OR COMPILED WITH THE ASSISTANCE OF THE SOFTWARE OR ANY PART THEREOF. THE COPYRIGHT IN ANY COMPUTER GENERATED EFFECTS OR TOOLS FOR CREATING THEM, BEING ELEMENTS OF DESIGN SUBSTANTIALLY PRODUCED BY USING THE TOOLS IN THE SOFTWARE OR DERIVED FROM SUCH USE, SHALL VEST IN THE LICENSOR.
3. Protection and Security.
The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to the Licensor.
This License is effective until terminated. This License will terminate immediately without notice from the Licensor if the End-User fails to comply with any of its provisions. Upon termination the End-User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.
5. Limited Warranty.
The Licensor warrants that, for 30 days from the date of initial use by the End-User, the Software shall operate substantially in accordance with the published functional specifications current at the time of shipment. If, during the warranty period, a defect appears, the End-User shall return the Software to the Licensor and Licensor's only obligation shall be, at the Licensor's election, to replace the defective Software or refund the purchase price. The End-User agrees that the foregoing constitutes the End-User's sole and exclusive remedy for breach by the Licensor under any warranties made under this Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than the Licensor. The Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by the Licensor.
No oral or written information or advice given by the Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL THE LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO THE LICENSOR FOR THE LICENSE OF THE SOFTWARE.
From time to time the Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices as may be established by the Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST COMPLETE, SIGN AND RETURN TO THE LICENSOR THE ATTACHED END-USER REGISTRATION CARD.
This License will be governed by and construed in accordance with the laws of the United Kingdom, and shall inure to the benefit of the Licensor and the End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to the Licensor must be mailed first class, postage prepaid, to the following address:-
Globalcad Consultants Limited, P.O. Box 22, Godalming, Surrey GU8 6YS United Kingdom.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of the Licensor.
BY INDICATING ACCEPTANCE BELOW, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact the Licensor at the address set forth above.
GlobalCAD, GlobalCAD (logo), LandARCH, LandARCH (logo), Toolbox LT, Toolbox LT (logo), Hatch Manager, Hatch Manager (logo), GlobalCAD Exchange, GlobalCAD Exchange (logo), GlobalCAD Organizer, GlobalCAD Organizer (logo), GlobalCAD Schedule, GlobalCAD Schedule (logo), Block Manager, Attribute Wizard, Linetype Wizard, Dynamic Link and Drawing Border are trademarks of Globalcad Consultants Limited. Copyright (c) 2010 Globalcad Consultants Limited. All rights reserved.