End user agreement for Envisioneer Express
IMPORTANT - READ CAREFULLY CADSOFT SOFTWARE END USER LICENSE AGREEMENT IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND CADSOFT CORPORATION. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER. 1. Definitions a. "Cadsoft" shall mean Cadsoft Corporation and its licensors, if any. b. "Software" means only the Cadsoft software program(s) and third party software program(s), in each case, supplied by Cadsoft herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. 2. License Grants a. The Cadsoft Software is licensed, not sold. b. You may install and use the Software on a single computer. A license for the Software may not be shared, installed or used concurrently on different computers. c. You may make one (1) copy of the Software in machine readable form solely for backup purposes, provided that you reproduce all proprietary notices on the original copy of the Software. d. Your license rights under this EULA are non-exclusive. e. You may physically transfer the Software from one computer to another; provided that the Software is installed on only one computer at a time. 3. License Restrictions a. Other than as set forth in Section 2, you may not make or distribute copies of the Software; b. You may not use the Software on more than one computer or workstation at a time in a network or multi-user system; c. You may not modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the Software or the accompanying documentation; d. You may not rent, transfer, assign, lease, sublicense or grant any rights in this EULA or the Software or accompanying documentation in any form to any person without the prior written consent of Cadsoft which, if given, is subject to the transferee's consent to the terms and conditions of this EULA; e. You may not remove any proprietary notices, labels, or marks on the Software and accompanying documentation; f. You may not modify the Software or create derivative works based upon the Software; g. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder; h. In the event that you fail to comply with this EULA, Cadsoft may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination). 4. Ownership The foregoing license gives you limited license to use the Software. Cadsoft and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Cadsoft and its suppliers. Unauthorized copying of the Software or the accompanying documentation or failure to comply with the above restrictions in full will result in automatic termination of this license. 5. Warranty and Disclaimer Cadsoft warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the CD-ROM which the Software is furnished under normal use will be free from defects in materials and workmanship. Cadsoft's entire liability and your exclusive remedy under this warranty (which is subject to you returning the Software to Cadsoft or an Authorized Cadsoft Dealer with a copy of your receipt) will be, at Cadsoft's option, to attempt to correct or work around errors, to replace the Software or CD, as applicable, or refund the purchase price and terminate this EULA. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, CADSOFT MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIES, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND CADSOFT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CADSOFT DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 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 and country to country. 6. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Cadsoft or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Cadsoft or any supplier, and even if Cadsoft or any supplier has been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Cadsoft and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Software or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 7. Basis of Bargain The Warranty Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Cadsoft and you. Cadsoft would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Cadsoft's licensors. 8. U.S. Government Restricted Rights This Software and accompanying documentation are provided with RESTRICTED RIGHTS for U.S. Government customers. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software-Restricted Rights) and DFAR 252.227.7013 (c)(l)(ii) (Rights in Technical Data and Computer Software) as applicable. 9. General You may voluntarily terminate this EULA at any time after payment in full of all amounts owing by you to Cadsoft under this Agreement and all other agreements between you and Cadsoft relating to the Software. Cadsoft may discontinue the license and terminate this Agreement upon written notice to you if you fail to comply with this Agreement or any of the other agreements. In the event of termination of this Agreement, you will, within 30 days of such termination, return to Cadsoft or destroy all copies of the Software and accompanying documentation and certify to Cadsoft in writing that all copies have been returned or destroyed. This Agreement will be governed by the laws of the Province of Ontario, Canada. This Agreement is the entire agreement between us and supercedes any other communications or advertising with respect to the licensing of the Software and accompanying documentation. You are hereby notified that Autodesk, Inc. 111 McInnis Parkway, San Rafael, CA 94903 ("Autodesk") is a third-party beneficiary to this Agreement to the extent that this Agreement contains provisions which relate to your use of the Software. Such provisions are made expressly for the benefit of Autodesk and are enforceable by it in addition to Cadsoft. If you have any questions, please contact in writing: Cadsoft, Customer Service, 727 Speedvale Avenue West, Suite 3, Guelph, Ontario, Canada, N1K 1E6. Canadian Sales If you have purchased this product in Canada, you agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices have been and shall be drawn up in the English language only. Disclaimer Please note that although we do our best to automate your design process, you are responsible for verifying that all measurements and material lists are correct and that the design and any substitutions or modifications made meets all local building codes and requirements. You must verify that all design criteria and materials are consistent with conditions of the constructions site, including bracing and bridging. You should review the design with a qualified architect. Cadsoft assume absolutely no liability or responsibility for your design, construction, or use of any product supplied by this software. It must be understood that it is ultimately the users responsibility to check any deck construction permits as required by city, country or state agencies.