The following is provided as a service; it is a full copy of the license agreement you assented to when you obtained the CADViewer installer from the Tailor Made Software Ltd. Web site.
Under this License the Licensee MAY:
Under this License the Licensee MAY NOT:
THIS SOFTWARE IS LICENSED, NOT SOLD, AND AVAILABLE FOR USE ONLY UNDER THE TERMS OF THIS SINGLE USER LICENSE AGREEMENT ("AGREEMENT"). THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE END-USER, AND Tailor Made Softare Ltd. INC. ("Tailor Made Softare Ltd."). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO INDICATING YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS BY EITHER OPENING THE PACKAGE CONTAINING THE SOFTWARE OR PROCEEDING WITH THE SOFTWARE DOWNLOAD PROCESS BY CLICKING ON THE "I ACCEPT" BUTTON. IF YOU OPEN THE PACKAGE OR CLICK ON THE "I ACCEPT" BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, EITHER PROMPTLY RETURN THE SOFTWARE TO THE PLACE OF PURCHASE FOR A REFUND IN THE AMOUNT YOU PAID OR CLICK THE "I DECLINE" BUTTON TO TERMINATE THE SOFTWARE DOWNLOAD PROCESS AND SEPARATELY REQUEST A REFUND OF ANY AMOUNT PAID FROM THE PLACE OF PURCHASE.
(a) "Product or Products" means the software supplied to you by Tailor Made Softare Ltd., any updates, patches or upgrades provided by Tailor Made Softare Ltd., online electronic documentation, HTML files, help text, and PDF files, and may include associated media or printed materials.
(b) "Server" means any single server owned, controlled, operated on behalf of or otherwise maintained by the Licensee.
2. Limited Use License. Subject to payment of the applicable license fees, which may change from time to time, listed at http://www.cadviewer.com/docs/pricing.html, on the date when you downloaded the Product, Tailor Made Softare Ltd. hereby grants to you a revocable, nontransferable, nonexclusive license to install and use the Product in object code form only, solely for internal use and solely in accordance with the terms and conditions of this Agreement. The Product may only be used for the processing and/or viewing of the License's own information and data. The Product may not be used to provide access or services to third parties. The Licensee may not use the Products to run a service bureau, or a website. The Licensee may not use the Products to (a) compete with Tailor Made Softare Ltd.'s current or future products or services or (b) display drawings belonging to more than one business entity. Tailor Made Softare Ltd. may, from time to time, under no obligation and at Tailor Made Softare Ltd.'s sole discretion, provide updates, patches or upgrades to the Products. All rights not expressly granted herein are retained by Tailor Made Softare Ltd. and its licensors, as the case may be.
3. Ownership of Software. This license is not a sale of the Product or any copy thereof. The Licensee may not copy, rent, lease, sell, sublicense, assign, loan, time-share or otherwise transfer or distribute copies of the Product to others, except as set forth in this Agreement. The Licensee may physically transfer the Product from one computer to another provided that you do not retain any copies of the Product, including any copies stored on a computer. The Licensee may permanently transfer this license to another user, but only if you transfer or destroy all copies of the Product, and the recipient agrees in writing to be bound by all of the terms of this Agreement. All worldwide ownership of and rights, title and interest in and to the Product, and all copies and portions thereof, including without limitation, all copyrights, patent rights, trademark rights, trade secret rights, inventions and other proprietary rights therein and thereto, are and shall remain exclusively in Tailor Made Softare Ltd. and its licensors.
4. Copy Restrictions. The Product is protected, among other ways, by federal copyright law and international treaties. The Licensee may not modify or prepare derivative works of the Product. Other than a single copy for backup and archival purposes, you may not copy, or permit copying of, the Product or any part thereof. The Licensee shall not, and shall not permit a third party to: (i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Product, (ii) remove any product identification, copyright or other notice from the Product, or (iii) modify, adapt, create a derivative work, merge, or translate the Products without the prior written consent of Tailor Made Softare Ltd.. You shall not release the results of any benchmark of the Product to any third party without the written prior consent of Tailor Made Softare Ltd..
5. Termination. The license granted herein is effective for one year, or until terminated, or until the demonstration software clock expires, whichever occurs first. The license will terminate immediately without notice if the Licensee fails to comply with any material provision of this Agreement. Upon termination the Licensee shall destroy all copies of the Product or portions thereof. The provisions of this Agreement other than the license grant contained in Section 2 hereof, shall survive termination.
6. Limited Warranty. Tailor Made Softare Ltd. WARRANTS THAT FOR A PERIOD OF THIRTY (30) DAYS FOLLOWING THE EFFECTIVE DATE, THE PRODUCTS, AS ORIGINALLY DELIVERED TO THE LICENSEE, WILL SUBSTANTIALLY CONFORM TO Tailor Made Softare Ltd.'S THEN-CURRENT PUBLISHED SPECIFICATIONS FOR THE PRODUCTS, AND THAT ANY TANGIBLE MEDIA SUPPLIED WILL BE FREE FROM PHYSICAL DEFECTS. Tailor Made Softare Ltd.'S SOLE LIABILITY AND THE LICENSEER SOLE REMEDY FOR THE BREACH OF THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF Tailor Made Softare Ltd. DETERMINES, IN ITS SOLE DISCRETION, THAT REPLACEMENT IS INADEQUATE OR IMPRACTICAL, THE REFUND OF THE LICENSE FEES PAID BY THE LICENSEE AND TERMINATION OF THE APPLICABLE LICENSE(S). Tailor Made Softare Ltd. AND ITS SUPPLIERS DO NOT WARRANT THAT THE PRODUCTS WILL SATISFY THE LICENSEE'S REQUIREMENTS, THAT THE PRODUCTS ARE WITHOUT DEFECT OR ERROR OR THAT OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED.
7. Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED "AS IS," AND Tailor Made Softare Ltd. MAKES NO OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS RELATING TO THE PRODUCTS, EXPRESS, OR IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
8. Limitations of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW Tailor Made Softare Ltd. WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, EXTRAORDINARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF Tailor Made Softare Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. Liability Cap. IN NO EVENT WILL Tailor Made Softare Ltd.'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEES PAID BY YOU. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY HEREUNDER.
10. Indemnification. The Licensee agree to indemnify and hold harmless Tailor Made Softare Ltd. and its officers, directors, shareholders, agents and employees against any claims, damages, obligations, liabilities, expenses and costs (including attorneys' fees and costs) arising out of or related to your use of the Product.
11. U.S. Government Restricted Rights. The Product is comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (Jun. 1995) and 227.7202-3 (Jun. 1995).
12. High Risk Use. The Product is not fault tolerant and is not designed or intended for use in hazardous environments requiring fail-safe operation, including, but not limited to, aircraft navigation, air traffic control systems, weapon systems, life-support systems, nuclear facilities, or any other application in which the failure of the Product could lead to death or personal injury, or severe physical or property damage. Tailor Made Softare Ltd. disclaims any implied warranty of fitness for High Risk Use.
13. General Conditions:
(a) Governing Laws and Jurisdiction. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California exclusive of its conflicts of law principles and specifically excluding from application to this Agreement that law known as the United Nations Convention on the International Sale of Goods in its entirety. The parties hereby exclusively and irrevocably submit to, and waive any objection against, the personal jurisdiction of the United States District Court for the Northern District of California, and the state courts of the State of California for the County of San Mateo.
(b) No Waiver of Rights. No waiver, implied or expressed, by either party or any right or remedy for any breach by the other party of any provision of this Agreement will be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
(c) Severability. If any provision of this Agreement is held illegal or unenforceable, that provision will be limited or eliminated to the maximum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
(d) Assignment. This Agreement and the use of the Product provided hereunder are not assignable without the prior written consent of Tailor Made Softare Ltd.. Any attempt at assignment by you, including by means of merger, acquisition, operation of law or otherwise, without such consent shall be null and void and of no force and effect.
(e) Compliance with Laws. The Licensee hereby agree not to knowingly, directly or indirectly, violate any local, state or federal law or regulation of the United States, or any applicable U.S. or foreign export provision.
(f) Force Majeure. With the exception of payment of monies, neither party will be liable for any failure to perform or delay in performance of its obligations hereunder caused by circumstances beyond its reasonable control or which make performance commercially impractical, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy or rebellion, insurrection, riot, civil commotion, strikes or other labor disputes, sabotage, epidemic, quarantine or any agency thereof, judicial action and any other such external circumstances. If the force majeure event lasts longer than sixty (60) days Tailor Made Softare Ltd. may terminate this Agreement by providing to you written notice to such effect.
(g) Taxes. The Licensee is responsible for payment of all such taxes and duties.
(h) Headings. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.
(i) Entire Agreement and Amendment. This Agreement will constitute the entire agreement between the parties pertaining to the subject matter hereof and all other agreements, understandings, representations, warranties, and writings are superseded hereby. Amendment to this Agreement will only be effective if reduced to writing and executed by authorized signing representatives of the parties.