AMERI-CAD,
INC. SOFTWARE
LICENSE AGREEMENT
U.S. - Canada
IMPORTANT, PLEASE READ THIS FIRST.
THIS IS A LICENSE AGREEMENT.
Ameri-CAD, Inc. is willing to license
the visionrez 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").
YOUR USE OF VISIONREZ THE “SOFTWARE”
ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
COPYING OR USE OF THIS SOFTWARE OR ITS DOCUMENTATION
EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS
COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU
COPY OR USE THIS SOFTWARE OR ITS DOCUMENTATION WITHOUT PERMISSION
OF AMERI-CAD, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO
AMERI-CAD FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED
30-DAY EVALUATION COPY, THE FOLLOWING TWO PARAGRAPHS ALSO APPLY
TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR A 30-DAY
EVALUATION PERIOD ONLY. TO EXTEND YOUR USE OF THE SOFTWARE,
YOU MUST CONTACT AMERI-CAD OR AN AMERI-CAD AUTHORIZED RESELLER
TO REMIT THE PURCHASE PRICE AND RECEIVE YOUR AUTHORIZATION CODE
OR NEW PAID-IN-FULL COPY ENTITLING YOU TO THE COMMERCIAL LICENSE
RIGHTS GRANTED BELOW.
DURING THE EVALUATION PERIOD, YOU MAY USE
ONE COPY OF THE SOFTWARE ONLY TO EVALUATE IT. USE DURING THE
EVALUATION PERIOD FOR ANY OTHER PURPOSE, INCLUDING COMPETITIVE
ANALYSIS, IS STRICTLY PROHIBITED. UPON YOUR PURCHASE OF A LICENSE
FOR THIS SOFTWARE, USE OF THE SOFTWARE SHALL NO LONGER BE SUBJECT
TO THE FOREGOING RESTRICTION.
NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED
AS A FIXED-TERM LICENSE, A LIMITED DURATION LICENSE OR A RENTAL
LICENSE, THE FOLLOWING PARAGRAPH ALSO APPLIES TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR THE
FIXED-TERM FOR WHICH YOU HAVE PAID AND WILL CEASE TO OPERATE
ON THE EXPIRATION OF THAT FIXED-TERM. USE OF THIS SOFTWARE AFTER
THE EXPIRATION OF THE FIXED-TERM, OR ANY ATTEMPT TO DEFEAT THE
DISABLING FUNCTION, WILL BE IN VIOLATION OF THIS AGREEMENT AND
MAY CONSTITUTE COPYRIGHT INFRINGEMENT.
1. Grant of License.
AMERI-CAD, Inc. ("AMERI-CAD")
grants you a nonexclusive, nontransferable license to use this
program (the "Software") and its manual and other
accompanying material ("Documentation") with equipment
owned by you or under your control, according to the terms and
conditions of this Agreement. This Agreement permits a single
user to install and use the Software on only one computer at
one location at any one time.
Network Version: If this Software is a Network
Version, you may use it only over an internal [local] area network
environment with the AMERI-CAD License Manager tool, and you
may install and operate the Software on a single server computer
in a single location which may be accessed by other computers,
or on an individual computer, as a multiple-user installation
with either:
(i) the maximum number of concurrent users
being one (1), so that multiple individuals may access or use
the Software, but that only one person at a time may do so,
or
(ii) the maximum number of concurrent users
being more than one (1), in which case you must purchase single
seat licenses for each additional concurrent user.
Use of software or any device that reduces
the number of computers/devices which access the Software when
used in a Server configuration may affect the performance of
the Software and does not reduce the number of single seat licenses
required.
Educational Version: If this Software is
an Educational Version, you may use it only for the purpose
of training and instruction, and for no other purpose. Educational
Versions of the Software may not be used for commercial, professional,
or for-profit purposes.
Evaluation Version: If this Software is
identified as a demonstration, evaluation, or NFR version, you
may use it only for the purpose of commercial evaluation and
demonstration. You may not use it for commercial, professional,
or for-profit purposes.
Backup Copy: Regardless of which version
of the Software you have acquired, you may make one archival
(backup) copy of the Software. Such archival copy may not be
installed on another computer, unless such computer is a partitioned
drive of a server to which only the authorized user has access.
In any event, the archival copy may not be used or installed
as long as another copy of the Software is installed on any
computer. If the Documentation is in printed form, it may not
be copied. If the Documentation is in electronic form, it may
not be duplicated electronically, however, you may print out
one (1) copy, which may not be copied.
Additional Installation: Except with Educational,
Student and Evaluation Versions, you may make a second copy
of the Software on the hard disk of a second computer owned
by you or under your contract provided that (1) the original
and second copies are used only by the same person; (2) the
second copy is installed and used only on a notebook computer,
home computer, or other non-server computer away from your usual
work location for the purpose of enabling you to perform work
while away from your usual work location; (3) only one of the
Software copies is in use at any one time; (4) the second copy
of the Software is used exclusively with the copy protection
device (if any) supplied with the Software, and (5) the Software
is not licensed and/or labeled as an Educational Version or
Student Version.
Upgrades: If this Software is labeled as
an upgrade ("New Version") to software previously
licensed to you ("Previous Version"), you must destroy
all copies of the Previous Version, including any copies resident
on your hard disk drive, and return the hardware lock, if any,
which accompanied the software previously licensed to you (unless
AMERI-CAD explicitly notifies you that the hardware lock is
to be used with the upgrade), within sixty (60) days of acquiring
the New Version. AMERI-CAD reserves the right to require you
to show satisfactory proof that the Previous Version has been
destroyed. If the hardware lock is not returned within the stipulated
period, AMERI-CAD reserves the right, without limitation, to
charge you, and you shall pay the difference in price between
the New Version price and the suggested retail price of the
Software. Software patches, if any, provided to you by AMERI-CAD
or an authorized third-party in connection with the Software
licensed to you hereunder shall be subject to the terms and
conditions of this Agreement unless otherwise specified at the
time of delivery.
Notwithstanding the foregoing, you may retain
and need not destroy the Previous Version and may use the Previous
Version solely if necessary for the purposes of (1) installing
the New Version hereby licensed and (2) for archival (backup)
purposes in order to reinstall the New Version hereby licensed
if the initial installation fails. Under no circumstances may
you operate the Previous Version.
Authorization Code: If this Software requires
an authorization code, you must register your purchase of this
Software with AMERI-CAD before an authorization code shall be
issued to you, and AMERI-CAD shall maintain your registration
details.
License Term: Subject to the terms and conditions
of this Agreement, the license to use the Software is perpetual,
unless the Software is designated as a fixed-term license, a
limited duration license or a rental license, and in such case
the term of the license shall be the term for which you have
paid.
Concurrent Use Policy: “Customers
may install and use a second copy of VisionREZ on the hard disc
of a second computer provided that the following regulations
are observed: (1) the additional copy is used only by you (the
customer); (2) only one of the VisionREZ copies is in use at
any one time at any one location; (3) the second copy of VisionREZ
must be used exclusively with the copy protection device (Ameri-CAD
Authorization Wizard) supplied with the software.”
This policy DOES NOT allow customers the
option or opportunity of creating a copy of VisionREZ for use
on an additional computer at their company. If operating the
same product on two different computers at the same time and
at the same location you will constitute a violation of the
terms of the VisionREZ License Agreement, subject to legal review
and/or prosecution.
2. RESTRICTIONS.
You May Not:
1. Copy or use the Software or Documentation
except as permitted by this agreement.
2. Reverse engineer, decompile, or disassemble
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 AMERI-CAD or elsewhere. You may not decompile
the Software if such information is available by licensing any
AMERI-CAD Software Developer's Kit.
3. Distribute, rent, loan, lease, sell,
sublicense, or otherwise transfer all or part of the Software,
Documentation or any rights granted hereunder to any other person
without the prior written consent of AMERI-CAD.
4. Install or use the Software on the Internet
or over a wide area network, including, without limitation,
use in connection with a Web hosting or similar service.
5. Remove, alter, or obscure any proprietary
notices, labels, or marks from the Software or Documentation.
6. Modify, translate, adapt, arrange, or
create derivative works based on the Software or Documentation
for any purpose.
7. Utilize any equipment, device, software,
or other means designed to circumvent or remove any form of
copy protection used by AMERI-CAD in connection with the Software,
or use the Software together with any hardware lock, authorization
code, serial number, or other copy protection device not supplied
by AMERI-CAD directly or through an Authorized AMERI-CAD Reseller.
8. Export the Software or Documentation
in violation of U.S. or other applicable export control laws.
9. Use the Software or Documentation outside
of the country of purchase.
3. COPYRIGHT.
Title and copyrights to the Software, Documentation
and accompanying materials, if any, and any copies made by you
remain with AMERI-CAD and its licensors. The structure, organization,
and code of the Software are valuable trade secrets of AMERI-CAD
and its licensors. Unauthorized copying of the Software or Documentation,
or failure to comply with the above restrictions, will result
in automatic termination of this Agreement. This Agreement does
not grant you any intellectual property rights.
4. GENERAL LIMITED WARRANTY.
AMERI-CAD warrants that the Software will
provide the facilities and functions generally described in
the Documentation and that the media on which the Software is
furnished, if any, the Documentation accompanying the Software,
and any hardware lock or other copy protection device accompanying
the Software will be free from defects in materials and workmanship
under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES,
AMERI-CAD MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED,
STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND AMERI-CAD SPECIFICALLY
DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AMERI-CAD
DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply
to you, as some jurisdictions do not allow the exclusion of
implied warranties. In addition to the above warranty rights,
you may also have other rights, which vary from jurisdiction
to jurisdiction.
AMERI-CAD's entire liability and your exclusive
remedy under the warranties made in this Agreement will be,
at AMERI-CAD's option, to attempt to correct or work around
errors, to replace the defective media, if any; Documentation
or copy protection devices; or to refund the purchase price
and terminate this license. This remedy is subject to the return
of the defective media, documentation, or copy protection device
with a copy of your receipt to your local AMERI-CAD office or
the Authorized AMERI-CAD Reseller from whom it was obtained
within ninety (90) days from the date of its delivery to you.
Following expiration of this ninety (90)-day period, AMERI-CAD
will replace any defective or damaged copy protection device
in return for payment of an amount that covers the cost of a
replacement device plus a fee for handling and shipment.
5. 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. AMERI-CAD 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.
6. LIMITATION OF LIABILITY.
IN NO EVENT WILL AMERI-CAD 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 AMERI-CAD OR
ANY AMERI-CAD RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS
THIS ALLOCATION OF RISK.
AMERI-CAD shall have no responsibility or
liability whatsoever arising from loss or theft of the Software
or of any copy protection device with which the Software is
supplied. specifically, AMERI-CAD shall not be obligated to
replace any lost or stolen software or copy protection device.
You are solely responsible for safeguarding the Software and
any copy protection device from loss or theft and protecting
your investment through insurance or otherwise.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7. RESTRICTED RIGHTS FOR U.S. GOVERNMENT
CUSTOMERS.
The Software and Documentation is provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
United States Government or any agency, department, or instrumentality
thereof is subject to the restrictions set forth in the Commercial
Computer Software -- Restricted Rights clause at FAR 52.227-19
or the Commercial Computer Software -- Licensing clause at NASA
FAR Supplement 1852.227-86. Manufacturer is AMERI-CAD, Inc.,
111 McInnis Parkway, San Rafael, California 94903.
8. CANADIAN SALES.
If you 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 written
in the English language only. Les parties ci-dessus confirment
leur désir que cet accord ainsi que tous les documents,
y compris tous avis qui s'y rattachent, soient rédigés
en langue anglaise
9. GENERAL.
A. This Agreement and the license granted
hereby shall terminate without further notice or action by AMERI-CAD
if you, the licensee, become bankrupt, make an arrangement with
your creditors or go into liquidation.
B. This Agreement shall not be governed
by the UN Convention on Contracts for the Sale of Goods. This
Agreement shall be governed by the laws of the State of California,
U.S.A., including its Uniform Commercial Code without reference
to conflict-of-laws principles. This Agreement is the entire
agreement between us and supersedes any other communications
or advertising with respect to the Software and Documentation.
C. If any provision of this Agreement is
found to be invalid or otherwise unenforceable, the further
conditions of this Agreement will remain fully effective and
the parties will be bound by obligations which approximate,
as closely as possible, the effect of the provision found invalid
or unenforceable, without being themselves invalid or unenforceable.
VisionREZ
Concurrent Use Policy
Ameri-CAD, Inc. recognizes the following Concurrent Use Policy
of its VisionREZ product line:
Definition
The operation of one product at two different locations.
Policy
Concurrent use is permitted according to the following:
“Customers may install and use a second copy of VisionREZ
on the hard disc of a second computer provided that the following
regulations are observed: (1) the additional copy is used only
by you (the customer); (2) only one of the VisionREZ copies
is in use at any one time at any one location; (3) the second
copy of VisionREZ must be used exclusively with the copy protection
device (Ameri-CAD Authorization Wizard) supplied with the software.”
This policy DOES NOT allow customers the
option or opportunity of creating a copy of VisionREZ for use
on an additional computer at their company. If operating the
same product on two different computers at the same time and
at the same location you will constitute a violation of the
terms of the VisionREZ License Agreement, subject to legal review
and/or prosecution.
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