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License agreement (EULA) “End User License Agreement”

Important : The automatically translated version of this document into a language other than Spanish may have errors in the translation, therefore, only the Spanish version of this document is the official one. In case of discrepancies, use a professional translator.

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Definitions: Mr.CAD Professional, Mr.CAD 360, Stand Alone or SA, including all programming and all compiled versions, artwork, logos, graphics, documentation, packaging and all its contents, and other components not included in The packaging such as: old versions, future updates, “Upgrades”, revisions, modifications, improvements, and their documentation, are represented in this document as the SOFTWARE. InGeomatics (DBA) and/or Miguel A. Ramírez Aguilar , is represented in this document as the OWNER. You (your person), the company, or legal entity you represent, are represented herein as the RECIPIENT. These License Terms (the document you are reading) are a legal agreement between The RECIPIENT and the OWNER.

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BY COPYING, INSTALLING, ACCESSING, USING ALL OR ANY PORTION OF THE SOFTWARE, THE RECIPIENT HAS AGREED TO ENTER INTO THIS LICENSE AGREEMENT, AGREES TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, AND AGREES TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY NOT BE VIOLATED BY ANY PERSON OR ENTITY UNDER YOUR CONTROL OR ON YOUR SERVICE. A CONTRACT IS FORMALIZED BETWEEN THE OWNER AND THE RECIPIENT. IF THE RECIPIENT DOES NOT AGREE TO THE TERMS OR DOES NOT WISH TO ENTER INTO THIS AGREEMENT: DO NOT COPY, INSTALL, OR USE THE SOFTWARE

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Section - 1. Grant of License

THIS IS A LICENSE AGREEMENT, NOT A SALES AGREEMENT . The SOFTWARE (described in the first section of this agreement) and its related documentation, NOT FOR SALE, are and will remain the property of the OWNER. All intellectual property rights (including and without limitation, copyrights, trade secrets, trademarks, etc.) related to the SOFTWARE are and remain the property of the OWNER. This license agreement only allows you a limited, revocable right of use in accordance with the terms of this license agreement. Nothing in this agreement constitutes a share of the intellectual property rights of the OWNER under any law. THE OWNER retains title to the property and reserves all rights, including and without reservation, the right to REVOKE THE LICENSE at its discretion.

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Section - 2. License

The OWNER grants the RECIPIENT the following rights provided that he/she complies with all the terms and conditions of this Agreement:

1) The OWNER grants you a personal, non-exclusive, non-transferable, fully revocable, royalty-free license to install and use the SOFTWARE for drawing, development and testing purposes. You may install and use (only in executable form) the SOFTWARE, for a limited time according to the type of license, and on up to three (3) activations (for each license granted) on computers under your domain, provided that you are the only person using the SOFTWARE.

2) You may not reverse engineer, decompile 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 in part, as a basis for developing other products and tools.

4) You may not rent or lease the SOFTWARE.

5) You may not redistribute the SOFTWARE.

6) You may not upload the SOFTWARE to any third party websites or services.

7) No rights are granted for the use of illegal copies of the SOFTWARE, or for legal copies of the SOFTWARE obtained by illegal means.

8) If you file a patent claim against OWNER, or any of its suppliers, for patents that you claim are infringed by the SOFTWARE, then your license to the OWNER's SOFTWARE automatically terminates.

9) "CONVENTIONAL" LICENSE: Authorizes its owner to use a specific version of Mr.CAD® as long as his/her PC and/or operating system supports it. This type of license remains active, provided that the following conditions are met:

  • The author of the SOFTWARE is alive and has the mental capacity to continue managing it (see section 12).

  • The RECIPIENT of the license is alive (see section 12).

  • 5 years have not passed since the date of purchase. After 5 years, licenses that are not on an appropriate maintenance plan will not be reactivated. The licenses that the RECIPIENT has activated remain functional as long as their PC and/or operating system supports them, or some eventuality occurs that causes their deactivation. Notes : The OWNER may charge a reasonable amount for reactivations. In the case of licenses that are not the current version, an update to the most recent version of the SOFTWARE will be required.

10) SUBSCRIPTIONS: This type of subscription license is valid for the duration of the subscription. When the subscription ends, the right to use the SOFTWARE ends, however, there are parts of this agreement that survive. See section 11. Subscription period begins on the day of purchase.

11) TRIAL LICENSE: Under this type of license, the SOFTWARE will be subject to trial periods for evaluation purposes. Trial periods may begin after installation or upon first use of a component. Upon expiration of a trial period, the SOFTWARE will not function, or may continue to function with reduced functionality. The duration of trial periods is specified in the SOFTWARE documentation or displayed in its interfaces.

12) REGISTRATION OF SOFTWARE: Use of some components of the SOFTWARE may be governed by the product's registration technology. Unregistered SOFTWARE may be in a non-functional state or subject to testing. During registration, Licensor (or its affiliates) will issue you an activation key for one or more components. Upon entering the valid activation key for the SOFTWARE, the registered SOFTWARE will be released from its testing state and/or non-functional limitations. You agree not to disclose activation keys issued to you to any third party for any reason except for the purposes of acquiring technical support, or by Licensor (or its affiliates).

13) UPGRADES WITH A NEW LICENSE AGREEMENT: When the recipient acquires an upgrade to the product, which requires acceptance of a new license agreement, the current license to the product being upgraded is terminated as described in Section 11 of this agreement. (See section 9).

 

Section - 3. Restrictions

  • You are prohibited from copying, modifying, merging, selling, renting, redistributing, assigning, or transferring any of the material, the SOFTWARE, or any part thereof.

  • You may make a single copy of the materials contained within the package or relating to the SOFTWARE only as necessary for backup purposes.

  • You are prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or attempting to discover the source code of the SOFTWARE. Nor may you modify, alter, adapt, port, or merge the SOFTWARE.

  • You may not remove, alter, deface, overprint or otherwise obscure licensor's patent, trademark, service mark or copyright notices.

  • RECIPIENT will not install the SOFTWARE on a server that can be accessed by the public network (or the Internet).

  • RECIPIENT will not install the SOFTWARE on a virtual machine.

  • RECIPIENT may not use the (“Backup”) copies (or allow any other person to use such copies) for any purpose other than to replace the original copy if it becomes defective, damaged, or destroyed.

  • You may not publish or distribute, in any form of electronic or printed communication, the materials contained in or related to the SOFTWARE, including, without limitation, documentation, help files, examples and references .

Section - 4. Limits of the Warranty

The OWNER warrants for its own benefit that: the SOFTWARE, when delivered to you, for a period of thirty (14) days from the date of delivery, will substantially perform the applications described in the documentation attached and provided within the SOFTWARE, provided that the SOFTWARE is installed on a computer that meets the installation requirements of the SOFTWARE.

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Section - 5. Warranty Claims

THE OWNER MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR PERSONAL REQUIREMENTS OR THOSE OF YOUR COMPANY. IT DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE. DISTRIBUTORS, AGENTS, OR EMPLOYEES OF THE OWNER ARE NOT AUTHORIZED TO MAKE MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. If the RECIPIENT makes any modification to the SOFTWARE, or any part of it during the warranty period; if the discs (CDs) have been subjected to an accident, theft, loss, misuse or misuse; or if RECIPIENT breaches any of the terms of this agreement, the warranty set forth herein will terminate immediately. The warranty does not apply if the SOFTWARE is used in conjunction with other equipment or programs, which are different from the unaltered version of such equipment and products, on which the SOFTWARE was designed to function.

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Section - 6. Limitation of Remedies

Within the term of this warranty described in the Warranty Limits section, the OWNER'S sole obligation shall be (at the OWNER'S sole discretion): Replace or repair the SOFTWARE, and/or components that do not comply with the existing warranty, no fees.

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Section - 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 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A 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 LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, OR MAY ONLY APPLY IN PART. IF THE LAWS OF THE OWNER'S LOCATION DO NOT APPLY TO THIS AGREEMENT FOR ANY REASON, IN JURISDICTIONS WHERE WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS OF ANY KIND CANNOT BE STATED, ANY REPRESENTATION, WARRANTY, REPRESENTATION AND/OR CONDITION IS: (1) HEREBY LIMITED TO THE PERIOD OF (A) THIRTY (30) DAYS FROM DOWNLOAD OF THE SOFTWARE OR (B) THE SHORTEST PERIOD PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IF THE THIRTY (30) DAY LIMITATION WOULD BE INAPPLICABLE; AND (2) LICENSOR'S SOLE LIABILITY FOR ANY BREACH OF ANY WARRANTY, REPRESENTATION OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE.

 

UNDER NO CIRCUMSTANCES WILL 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, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS , REGARDLESS OF WHETHER THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND OF 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 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

THE SOFTWARE AND/OR ANY OTHER TECHNICAL MATERIAL THAT ACCOMPANIES IT ARE TOOLS DESIGNED WITH THE PURPOSE OF BEING USED ONLY BY TRAINED PROFESSIONALS. THESE TOOLS DO NOT REPLACE PROFESSIONAL JUDGMENT. THE OWNER IS NOT RESPONSIBLE IN ANY WAY FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. THE PERSONNEL USING THIS SOFTWARE ARE RESPONSIBLE FOR SUPERVISING, MANAGING AND CONTROLLING 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. PEOPLE USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING AN INDEPENDENT AND ADEQUATE PROCESS FOR TESTING THE ACCURACY AND FIDELITY OF THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE, INCLUDING ANY ITEMS DESIGNED USING THE SOFTWARE. THE OWNER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE .

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Section - 8. Applicable Law / Limitation of Liability

This “EULA” shall be governed by the laws of the United States, excluding its conflicts of laws principles. If for any reason either OWNER or RECIPIENT utilizes legal services for the enforcement of any right not related to this license agreement, the prevailing party shall be entitled to recover the reasonable costs of such services. If in the event, the prevailing party refuses to comply with the terms of this agreement and/or OWNER is liable for damages based on any defect, or RECIPIENT is in breach of the SOFTWARE, the total liability of each SOFTWARE shall not exceed the price paid to OWNER for such defective SOFTWARE. The United Nations Convention on Contracts for the International Sale of Goods (1980) is entirely excluded from the application of this License.

In the event that any provision of this “EULA” is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of any remaining provisions shall not in any way be affected or impaired thereby and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted accordingly.

Section - 9. SOFTWARE Maintenance

OWNER is not obligated to provide any maintenance or updates to RECIPIENT. However, if OWNER provides any maintenance or updates, any maintenance or updates provided by OWNER that are not accompanied by a license agreement will also be covered by this agreement.

UPGRADES WITH A NEW LICENSE AGREEMENT: When the recipient acquires an upgrade to the product, which requires acceptance of a new license agreement, the current license to the product being upgraded is terminated as described in Section 11 of this agreement.

THE OWNER may establish a reasonable rate for such services or products.

Section - 10. This Agreement is the Sole

This License Agreement constitutes the sole and exclusive license agreement between OWNER and RECIPIENT with respect to the subject matter hereof, and supersedes any and all prior oral or written agreements, communications or understandings not specifically incorporated herein. For purposes of clarity and other matters, OWNER may update this Agreement from time to time (see Section 14).

Section - 11. Termination

If RECIPIENT fails to comply with the terms of this license agreement, or a party to this agreement dies, or this license is superseded by a new update, RECIPIENT's license and this agreement terminate immediately. Upon termination of the license agreement between OWNER and RECIPIENT: The license granted in this agreement expires and RECIPIENT must discontinue all future use of the SOFTWARE and/or accessories involved; furthermore, RECIPIENT must promptly return to OWNER all tangible property representing OWNER's intellectual property rights and all copies made, and must delete any related electronic information. Sections 1, 3, 5, 6, 7, 8, 9, 10, and 11 survive any termination of this agreement.

Section - 12. This license agreement will also terminate if one of the parties to this agreement dies, or if the OWNER or the OWNER becomes incapacitated. See more details in section 11.

Section - 13. Applications provided by Third Parties

If the SOFTWARE contains any applications provided by any Third Party supplier, such applications are provided as is, without any warranty of any kind on the part of OWNER and Sections 2, 3, 5, 7, 8-12 of this Agreement shall apply to such applications provided by such suppliers respectively. Such software is distributed pursuant to the respective license grants accompanying such Third Party Software. “Third Party Software” means software created and licensed to you by a company other than InGeomatics, which may be distributed and/or installed together 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 the Licensor.

Section - 14. Updates to the Services or SOFTWARE, and changes to these Terms of this Agreement

  • We may change these Terms of this Agreement at any time and will notify you here if we do so. You are advised to review these Terms periodically for any changes . Your use of the Services or the SOFTWARE after the changes become effective means that you accept the new terms. If you do not accept the new terms, you must stop using the Services or the SOFTWARE and close your ingeomatics.com account.

  • You may occasionally need software updates to continue using the Services or the SOFTWARE. We may automatically check your version of the SOFTWARE and download updates or configuration changes to the SOFTWARE. You may also be required to update the software to continue using the Services or the SOFTWARE. Such updates will be subject to these Terms unless accompanied by different terms, in which case, those different terms will apply. OWNER is under no obligation to make any updates available, and we do not guarantee that we will support the version of the SOFTWARE or device for which you purchased the Services or the SOFTWARE, applications, content or other products, or for which you acquired a license to use them.

  • Additionally, there may be times when OWNER may need to remove or change features or functionality of the Services or the SOFTWARE, we may need to stop providing a Service, or we may need to stop providing access to Third Party Applications and Services altogether. Except to the extent required by applicable law, we are under no obligation to provide a new download or replacement of any materials, Digital Goods, or applications previously purchased. We may release the Services or their features in a pre-release or beta version, which may not function correctly or in the same manner as the final version might function.


Contact us
If you have any questions about this privacy policy, please contact us.

 

By: Miguel A. Ramírez Aguilar - InGeomatics IS

All Rights Reserved

Modified on: August 28, 2024

 

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