ceometric

SOFTWARE LICENSE AGREEMENT

 

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

 

This license agreement is a legal agreement between You (either an individual person, if you acquire the software for yourself, or a single legal entity, referred to as "You") and ceometric (ceometric UG (haftungsbeschränkt), referred to as "ceometric") for the software product “ComputationalCAD” that accompanies this license agreement ("Software").

ceometric licenses the Software to You only upon the condition that you accept all of the terms contained in this software license agreement. By copying, installing, or otherwise using the Software, You agree to be bound by the terms of this license agreement. A contract is then formed between ceometric and You. If You do not agree to the terms of this license agreement, do not copy, install, or use the Software.

 

1. SOFTWARE LICENSE

 

GRANT OF LICENSE: ceometric grants You a non-sublicensable, non-exclusive, non-transferable limited license to install and use the Software that is identified in the Software Definition within the scope of the license that accompanies the Software.

You may access application programming interfaces (APIs) the Software may provide to develop programs, modules, components or functionality that contribute significant value-added functionality or enhancements to the Software provided that you install and access such API modules solely on computers where a licensed copy of both the Software and an Autodesk™ product supported by the Software is also installed and further provided that the installation and access of such API modules is solely for internal business needs.

 

SOFTWARE DEFINITION: The Software consists of machine-readable code libraries and documentation files (Documentation).

The Software is solely intended to be called from within Autodesk™ products that are supported by the Software (“add-on”). The supported Autodesk products are specified in the Documentation accompanying the Software.

The Documentation comprises explanatory printed or electronic materials that ceometric sends to You via email or otherwise, including but not limited to license agreements, license files, help files and other.

 

INDIVIDUAL VERSION: If ceometric identifies the Software as an ‘Individual Version', you may install and access one (1) copy of the Software on one (1) computer solely for internal business use. You may not allow the Software to be accessed from other computers through a network connection.

 

MULTISEAT VERSION: If ceometric identifies the Software as a ‘Multiseat Version', you may install and access the number of copies explicitly permitted to You by ceometric on the number of individual computers explicitly permitted to You by ceometric solely for internal business use. You may not allow the Software to be accessed from other computers through a network connection.

 

ACADEMIC VERSION: If ceometric identifies the Software as an 'Academic Version', you may install and access one (1) copy of the Software on the number of computers permitted to you by ceometric only for non-commercial educational or personal learning purposes, and no other purposes. ceometric may ask You to prove that at the time of installation of the Software, You are a faculty or staff member or a diploma or certificate-seeking student at a qualified educational institution.

 

TRIAL VERSION: If ceometric identifies the Software as an evaluation or trial version, one (1) copy of the Software may be installed on one (1) computer for a thirty (30) day evaluation period. The license automatically expires after the evaluation period. At any time, you may not use the Software for any commercial purposes.

 

2. LICENSE LIMITATIONS

 

COPYRIGHT: ceometric retains title, ownership, copyright, and other intellectual property rights in the Software. ceometric reserves all rights not expressly granted to You in this license agreement. The Software is licensed, not sold.

 

TRANSFERS: You may not redistribute, rent, loan, sell, sublicense or otherwise transfer all or any portion of the Software or any rights granted in this agreement to any third parties without the prior written consent of ceometric.

 

DECOMPILING: You may not (and may not permit any third party to) reverse engineer, decompile or disassemble the Software.

 

HOSTING OR THIRD PARTY USE: You may not install or access or allow installation or access of the Software over the Internet.

 

MODIFICATIONS: You may not create derivative works of the Software, including, but not limited to, modification, translation, adaption and rearrangement.

 

MILITARY USE: You may not use the Software Product for military purposes.

 

EXPORT: You may not export the Software in violation of this agreement or other applicable export laws.

 

TERMINATION OF THIS LICENSE: ceometric may terminate this license at any time if you are in breach of any of its terms and conditions. In such event, you must immediately destroy the Software or return all copies of the Software to ceometric along with any copies you have made.

 

3. OTHER RIGHTS AND LIMITATIONS

 

SUPPORT SERVICES: ceometric is not obligated to provide technical or other support ("Support Services") for the Software. Any supplemental software provided to You as part of the Support Services (if any) shall be considered part of the Software and subject to the terms and conditions of this license agreement.

 

USER SUBMISSIONS: ceometric may use technical information You provide to ceometric as part of the Support Services for its business purposes, including for product support and development. ceometric will not utilize such technical information in a form that personally identifies You.

 

NO ASSIGNMENT; INSOLVENCY: You may not assign this agreement or any rights hereunder (whether by purchase of stock or assets, merger, change of control, operation of law, or otherwise). The agreement and the licenses granted hereunder shall terminate without further notice or action by ceometric if You become bankrupt or insolvent, make an arrangement with your creditors, or go into liquidation.

 

4. WARRANTY AND LIABILITY

 

LIMITED WARRANTY: THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE SOFTWARE LICENSE AGREEMENT APPLIES TO THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS DESCRIBED ABOVE.

 

DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEOMETRIC PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY) “AS IS” AND WITH ALL FAULTS. FOR THE SOFTWARE AND THE SUPPORT SERVICES (IF ANY), CEOMETRIC OFFERS NO WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR OF ACCURACY OR CORRECTNESS OF RESULTS. WITHOUT LIMITING THE FOREGOING, CEOMETRIC DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

 

LIMITATION OF LIABILITY: THE ENTIRE LIABILITY OF CEOMETRIC FOR ANY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, COST OF COVER, OR OTHER LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOFTWARE PRODUT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.

 

5. WARNINGS

 

THE SOFTWARE IS A TECHNICAL TOOL INTENTED TO BE USED BY TRAINED PROFESSIONALS ONLY. IT IS NOT A SUBSTITUTE FOR YOUR PROFESSIONAL JUDGEMENT OR INDEPENDENT TESTING. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR TESTING THE ACCURACY AND CORRECTNESS OF ANY PROGRAM OUTPUT.

 

6. GOVERNING LAW

 

Any claim arising under or relating to this Agreement shall be governed by German internal substantive laws, without regard to principles of conflict of laws. Court of jurisdiction is the Munich local court.

 

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Munich, Dec. 31st, 2010