End-User License Agreement (“EULA”)
Important: The automatic translated version of this document to a language different than English, can have errors in the translation, therefore, only the English version of this document is the official one. In case of discrepancies please use a professional translator.
Definitions: Mr.CAD – Professional and Mr.CAD – Stand Alone, including all programming, artwork, logos, graphics, documentation, packaging, and all its contents, and other components not included in the package such as: future updates, “upgrades”, revisions, modifications, improvements and documentation, are represented in this document as THE SOFTWARE. InGeomatics is represented in this document as THE OWNER. You (you), the company or legal entity to which it stands, is represented herein as THE RECIPIENT. This End-User License Agreement (“EULA“) is a legal agreement between you and InGeomatics.
BY CLICK “I ACCEPT THE AGREEMENT” AT THE BOTTOM OF THIS AGREEMENT AND / OR BY COPYING, INSTALLING, ACCESSING, USE ALL OR ANY PORTION OF THE SOFTWARE, THE RECIPIENT HAS AGREED TO ENTER INTO THIS LICENSE AGREEMENT, YOU AGREE TO COMPLY WITH ALL ITS TERMS AND CONDITIONS AND AGREE TO TAKE ALL NECESSARY MEASURES TO ENSURE THAT THE TERMS OF THIS AGREEMENT ARE NOT VIOLATED BY ANY PERSON OR ENTITY UNDER HIS CONTROL OR IN HIS SERVICE. A CONTRACT IS FORMED BETWEEN THE OWNER AND THE RECIPIENT. IF THE RECIPIENT, NOT AGREE WITH THE TERMS, OR DO NOT WISH TO ENTER INTO THIS AGREEMENT: (A) DO NOT COPY, INSTALL, OR USE THE SOFTWARE; (B) SELECT THE “I DO NOT ACCEPT THE AGREEMENT” AT THE BOTTOM OF THIS AGREEMENT (action to stops the software installation process);
1. Grant of License
The owner grants you the following rights provided that you comply with all terms and conditions of this “EULA”:
1) The owner grants you a personal, nonexclusive, nontransferable, and fully revocable, royalty-free license to install and use the SOFTWARE for design, development, and testing purposes. You may install and use (only in executable form) the SOFTWARE on one (1) computer as long as you are the only individual using the SOFTWARE.
2) You may not reverse- engineer, De-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3) You may not use the SOFTWARE in whole or any part of it as a library to develop other products and tools.
4) You may not rent or lease the SOFTWARE.
5) You may not redistribute this package.
6) You may not upload this package to any 3rd party web sites or services.
7) No rights are granted for use of illegal copies of the SOFTWARE, or for legal copies of the SOFTWARE obtained by unlawful means.
8) If you bring a patent claim against the owner or any of its suppliers over patents that you claim are infringed by the SOFTWARE, then your license to the SOFTWARE from the owner ends automatically.
TRIAL LICENSE: The Software may be subjected to trial periods for evaluation purposes. Trial periods may begin either after installation or on the first use of a component. At the expiration of a trial period, the software will not work or may continue operating with reduced functionality. The duration of trial periods are specified in the software documentation, or is displayed on the GUI software.
SOFTWARE REGISTRATION: use of some components in the software may be governed by product registration technology. A non-registered software can be on non-functional state or subject to trial. During registration, a serial number will be issued to you by licensor or its affiliates for one or more components. When entering the activation code number for the software (register the software), the registered software will be released from his trial period status and / or its functional limitations. You agree not to reveal the serial number issued to you, to any third party for any reason, except for the effects of the acquisition of technical support from the licensor or its affiliates.
- You are prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof.
- You may make a single copy of materials within the package or otherwise related to the Software only as required for backup purposes.
- You are prohibited from reverse engineering, De-compiling, translating, disassembling, deciphering, De-encrypting, or otherwise attempting to discover the source code of the Software. You may not otherwise modify, alter, adapt, port, or merge the Software.
- You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.
- The recipient will not install the software on a server that is accessible to the public network (or Internet).
- The recipient cannot use the copies (“for Backup”) (or allow someone else to use such copies) for any other purpose than to replace the original copy in the event that gets defective, damaged, or been destroyed.
- You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help files, examples, and benchmarks.
4. Warranty Limitations
The owner does warrant for your own benefit that: The software, when it is delivered to you (physically on a CD) and for a period of thirty (30) days from the date of delivery, will conduct in substance the applications described in the documentation provided with the software, provided that the software is installed on a computer that meets the requirements for installing the software.
5. Warranty claims
THE OWNER DOES NOT WARRANT THAT THE SOFTWARE WILL MEETS YOUR PERSONAL REQUIREMENTS, OR OF YOUR COMPANY. DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. DEALERS, AGENTS, OR EMPLOYEES OF THE OWNER ARE NOT AUTHORIZED TO MAKE MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modification is made to the SOFTWARE or any part of it by the recipient during the warranty period; if the discs (CD) has undergone accident, theft, loss, misuse, or improper use; or if the recipient violates any of the terms of this agreement, then the warranty set forth herein is immediately terminated. The guarantee does not apply if the software is used in conjunction with other equipment or programs that are different from the unaltered version of such equipment and products, in which the software was designed to work.
6. Limitation of Remedies
In the term of this warranty which is described in Warranty Limitations section, the only obligation of the owner will be, at the sole discretion of the owner: Replace or repair the software and / or components which do not comply with existing warranty, free of charges.
7. Exclusion of Consequences and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”. THERE ARE NO WARRANTIES UNDER THIS “EULA”, AND THE OWNER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU OR MAY ONLY APPLY IN PART. IF THE OWNER LOCATION LAWS ARE NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR CONDITION IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM DOWNLOADING THE SOFTWARE OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION, IF THE THIRTY (30) DAYS LIMITATION WOULD BE UNENFORCEABLE; AND (2) THE LICENSOR’S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE SOFTWARE AND / OR ANY OTHER TECHNICAL MATERIAL ACCOMPANY, ARE TOOLS DESIGNED WITH INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THESE TOOLS NOT REPLACE PROFESSIONAL JUDGMENT. THE OWNER IS NOT RESPONSIBLE IN ANY WAY FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. THE PERSONNEL THAT USES THIS SOFTWARE IS RESPONSIBLE FOR SUPERVISE, MANAGE, AND CONTROL THE SOFTWARE. THIS RESPONSIBILITY INCLUDES DETERMINING THE APPROPRIATE USE OF THE SOFTWARE AND THE SELECTION OF RELATED PRODUCTS IN ORDER TO OBTAIN THE DESIRED RESULT. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING AN INDEPENDENT AND PROPER PROCESS TO TEST THE ACCURACY AND FIDELITY TO THE RESULTS OBTAINED FROM USING THE SOFTWARE, INCLUDING ALL ARTICLES DESIGNED USING THE SOFTWARE. THE OWNER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
8. Applicable law / Limitation of Liability
This “EULA” shall be governed by the laws of the United States, excluding their conflicts of law principles. If for some reason the owner or the recipient use legal services for the application of any rights that are not related to this license agreement, the prevailing party shall be entitled to recover the reasonable costs for such services. If in the event, the prevailing party is opposed to comply with the terms of this agreement and / or the owner is liable for damages based on any defects, or the recipient is not in accordance with the SOFTWARE, the total responsibility for every faulty software will not exceed the price paid to the owner for such defective SOFTWARE. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License.
In the event any provision of this “EULA” is found invalid, illegal or unenforceable, the validity, legality and enforce-ability of any of the remaining provisions shall not in any way will be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted accordingly.
9. SOFTWARE Maintenance
The owner is not obligated to provide any maintenance or updates to the recipient. But in the case of providing them, any maintenance or updates provided by the owner, will also be covered by this license agreement and the owner can set a reasonable fee for such services or products.
10. Entire Agreement
This “EULA” sets forth the entire understanding and agreement between you and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
If the recipient fails to meet the terms of this license agreement, recipient license and this agreement are terminated on the spot. Upon termination of the license agreement between the owner and the recipient:
The license granted in this agreement expires and the recipient must discontinue all future use of the SOFTWARE and / or accessories involved; also
The recipient should promptly return to the owner, all tangible property representing the intellectual property rights of the owner and all copies made and should delete / remove any electronic information. Sections 1, 3, 5, 6, 7, 8, 9, 10, and 11 survives to any termination of this agreement.
12. Third-Party Software
The Third-Party Software distributed along with the Software is distributed pursuant to the respective license grants accompanying such Third-Party Software. “Software” means computer software or device firmware, together with any related documentation (including design, systems and user documentation) and other materials for use in connection with such software distributed pursuant to this EULA. “Third-Party Software” means Software created and licensed to you by a company other than InGeomatics, which may be distributed and/or installed along with the Software distributed pursuant to this EULA. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights (as defined in section #3) of Licensor.
All rights Reserved