TAILOR MADE SOFTWARE, LTD.

CADVIEWER EVALUATION COPY LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS FIRST! 

THIS IS A LICENSE AGREEMENT

 

TAILOR MADE SOFTWARE LTD,  WILL LICENSE THE ACCOMPANYING CADVIEWER EVALUATION SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT").

 

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "I ACCEPT" BUTTON AT THE BOTTOM OF THE PAGE. BY SELECTING THE "I ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THE LICENSE AGREEMENT AND THE SOFTWARE WILL BE INSTALLED.

 

IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL ITS TERMS AND CONDITIONS, SELECT "I DO NOT ACCEPT " -- WHICH WILL CANCEL THE LOADING OF THE SOFTWARE.

 

YOUR USE OF THE SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW.

 

This is a Tailor Made Software ("TMS") License Agreement for CADViewer (and its associated products as defined in the Definitions Section (a) below) and its related explanatory materials ("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Tailor Made Software, Ltd.

 

Tailor Made Software, Ltd grants to you a nonexclusive limited license to use and copy the Software, provided that you agree to the following:

 

DEFINITIONS

 

a)    “Product or Products” means the software supplied to you by Tailor Made Software (namely CADViewer, CADViewer Evaluation Copy, CADViewer Trial, CADViewer Lite, CADViewer Advanced, CADViewer Pro and or CADViewer Enterprise), any updates, patches or upgrades provided by Tailor Made Software, Ltd., online electronic documentation, HTML files, help text, and PDF files, and may include associated media or printed materials.

 

(b)    “Software” means the software supplied to you by Tailor Made Software (namely CADViewer,

CADViewer Evaluation Copy, CADViewer Trial, CADViewer Lite, CADViewer Advanced, CADViewer Pro and or CADViewer Enterprise), any updates, patches or upgrades provided by Tailor Made Software, Ltd., online electronic documentation, HTML files, help text, and PDF files, and may include associated media or printed materials.

 

(c)    “Server” means a single server owned, controlled, operated on behalf of or otherwise maintained by

you located at the URL specified in your order form.

 

 

 

 

 

EVALUATION COPY LICENSE GRANT (LIMITED USE LICENSE)

 

Tailor Made Software, Ltd. hereby grants to you a nontransferable, nonexclusive license to install and use for evaluation purposes only a single copy of the Products for the purpose of processing and/or viewing your information for the Evaluation of the Product.  CADViewer may NOT be used to provide access or services to third parties.  You may NOT use CADViewer to run a service bureau.  You may NOT charge for usage of CADViewer Trial in any way (this includes fee based web sites as well as advertising supported web sites).  You may NOT use CADViewer to (a) compete with TMS’s current or future products or services or (b) display drawings belonging to more than one business entity.  TMS may, from time to time, under no obligation and at TMS’s sole discretion, provide updates, patches or upgrades to CADViewer Trial.  All rights not expressly granted herein are retained by TMS.

 

COPYRIGHT/PROPRIETARY RIGHTS

 

The Software is owned by Tailor Made Software, Ltd and its suppliers, and its structure, organization and code are the valuable trade secrets of Tailor Made Software, Ltd and its suppliers. The Software is also protected by copyright law and international treaty provisions. You may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

 

RESTRICTIONS

 

You agree not to rent, lease, modify, adapt, translate, reverse engineer, decompile, or disassemble the Software or otherwise attempt to discover the source code of the Software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software or with another program and such information is not readily available from Tailor Made Software, Ltd or elsewhere.  You may not decompile the Software if such information is available by licensing any Tailor Made Software, Ltd Software Developer's Kit or other Tailor Made Software, Ltd software product through an Authorized Tailor Made Software, Ltd Reseller or a local Tailor Made Software, Ltd office.

 

You understand and acknowledge that this Agreement provides for the copying and distribution of the Software in its entirety and does not allow for partial distribution of any of the components (.dlls or other files) that make up the Software.  Creating derivatives of the Software is strictly prohibited.  Redistribution of: (i) the Software that is integrated with other technology as a component or standalone product and does not provide end user access to the complete CADViewer install process; (ii) incomplete, modified, reverse engineered, or otherwise altered copies of the Software, is not permitted and will result in termination of this Agreement.

 

COPYING THE SOFTWARE EXCEPT AS PERMITTED BY THIS END USER LICENSE AGREEMENT IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY.  IF YOU COPY THE SOFTWARE IN VIOLATION OF THIS END USER LICENSE AGREEMENT THEN YOU ARE VIOLATING THE LAW.  YOU MAY BE LIABLE TO TAILOR MADE SOFTWARE, LTD FOR DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

 

NO WARRANTY

 

The Software is provided to you "AS IS," and you acknowledge that it may contain errors. Tailor Made Software, Ltd disclaims any warranty or liability obligations to you of any kind.

 

TAILOR MADE SOFTWARE, LTD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. TAILOR MADE SOFTWARE, LTD AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL TAILOR MADE SOFTWARE, LTD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN TAILOR MADE SOFTWARE, LTD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

 

Some States or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

 

DISCLAIMER

 

COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. TAILOR MADE SOFTWARE, LTD SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL TAILOR MADE SOFTWARE, LTD BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF TAILOR MADE SOFTWARE, LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE NO CHARGE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.

 

GOVERNING LAW AND GENERAL PROVISIONS

 

This Agreement will be governed by the laws of the country in which you acquired the Software, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export control law, restriction or regulation. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Tailor Made Software, Ltd.

 

NOTICE TO GOVERNMENT END USERS

 

If this product is acquired under the terms of a GSA contract -- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DOD contract -- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of 252.227-7013; Civilian agency contract -- Use, reproduction or disclosure is subject to 52.227-19(a) through (d) and restrictions set forth in the accompanying end user agreement.

 

By clicking on "I Accept" you are consenting to be bound by the terms of this license Agreement. If you do not agree to all the terms of this Agreement, click "I Reject" which will cancel the download or installation process.

 

Tailor Made Software, Ltd. Contact Information:

 

Tailor Made Software, Ltd.

1905 SE 277th St

Kent, WA 98030

USA

 

US Ph:                253.631.1513

Fax:                       253.639.4022
E-mail:                             info@tailormade.com
Web sites:                www.tailormade.com; www.cadviewer.com

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All rights reserved. Tailor Made Software, Ltd. www.tailormade.com, www.cadviewer.com, CADViewer Lite*, CADViewer Pro*, CADViewer Advanced*, CADViewer Enterprise*, CADViewer-Developer Kit (DK) *, Flat Out! *, HP2Design Pro*, CADDBridge*, AutoXchange*, Hp2Xchange*, AcroXchange*, CADXchange*, and CADServer* are registered trademarks of Tailor Made Software, Ltd. All other trademarks, service marks, registered trademarks, or registered service marks may be the property of their respective owners. All specifications are subject to change without notice.