PLEASE READ THIS CAREFULLY. IT CONTAINS THE TERMS ON WHICH THIS ARCON COMPUTER PROGRAM IS BEING LICENSED TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, RETURN THE DISK PACKAGE AND ALL OTHER ITEMS IN THIS PACKAGE TO YOUR DEALER FOR A FULL REFUND.
COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF ELECO, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO ELECO FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
POSSESSION OR USE FOR COMMERCIAL PURPOSES OF ANY PROGRAM, DEVICE OR OTHER MEANS INTENDED TO FACILITATE REMOVAL OR CIRCUMVENTION OF ANY HARDWARE LOCK OR NODE IDENTIFICATION NUMBER WITH WHICH THIS COMPUTER PROGRAM IS SUPPLIED IS PROHIBITED.
ARCON SOFTWARE LICENSE AGREEMENT
1. Grant Of License - In consideration of your agreement to the terms of this Agreement Eleco Software GmbH ('Eleco') grants you a non exclusive non-transferrable license to use the enclosed computer program (the 'Software') and its accompanying documentation ('Documentation') on equipment owned by you or under your control according to the terms and conditions below.
This Agreement permits a single user to use the Software on only one computer at one location at any one time.
If this software is an educational version, you may use it only for the purpose of training and instruction and for no other purpose. If this Software is a student version, it may be used only by student who acquired it and only for study and instruction.
Regardless of which alternative you choose, this Agreement permits you to make only one backup copy of the Software. This Software Package may contain a printed manual and accompanying documentation (the 'Documentation') or electronic Documentation. If the Documentation is in printed form it may not be copied.
2. Restrictions - You may not:
a. Copy the Software or Documentation except as permitted by this Agreement.
b. Reverse engineer, decompile or disassemble the Software
c. Distribute, rent, loan, sell sublicense or otherwise transfer all or part of the Software, Documentation or any rights granted hereunder to any other person with the prior written consent of Eleco.
d. Remove, alter or obscure any proprietary notices, labels or marks from the Software or Documentation.
e. Modify, translate, adapt or arrange the Software or Documentation, or create derivative works based on the Software or Documentation, for any purpose.
f. Utilise any equipment, device, software, information or other means designed or adapted to circumvent or remove any form of copy protection used by Eleco in connection with the Software, or use the Software together with any hardware lock or other copy protection device not supplied by Eleco or an Authorised Eleco Dealer.
2. Copyright û Ownership and copyrights in the Software and Documentation and any copies made by you remain with Eleco. Unauthorised copying of the Software or Documentation or failure to comply with any of the terms of this Agreement will result in automatic termination of this Agreement. Any use of any copies of the Software of Documentation after termination of this Agreement is unlawful.
6. Warranty - Eleco 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, 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. ElecoÆs entire liability and your exclusive remedy under these warranties will be, at ElecoÆs option, to attempt to correct or work around errors, to replace the defective media, Documentation or copy protection device, or to refund the license fee and terminate this Agreement. 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 Eleco office or the Authorised Eleco Dealer 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, Eleco 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. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ELECO MAKES AND YOU RECEIVE NO OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY (WITHOUT LIMITATION, ANY TERMS OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE). ELECO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
7. 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 JUDGEMENT. 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. ELECO SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THIS SOFTWARE. THIS RESPONSIBILITY INCLUDES 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.
8. Limitation of Liability - IN NO EVENT WILL ELECO BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING LOSS OF DATA, LOSS OF 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 INCLUDING UNDER CONTRACT, NEGLIGENCE OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF ELECO OR ANY ELECO DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
Eleco 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, Eleco 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.
In the event that any exclusion, disclaimer or other provisions contained in this Agreement shall be held invalid for any reason and Eleco becomes liable for loss or damage that could otherwise have been limited, such liability, whether in contract, negligence or otherwise, shall not exceed the cost of the software. Eleco does not exclude liability for death or personal injury resulting from the negligence of Eleco or liability for damage caused by a defect in the Software within the meaning of Part 1 of the Consumer Protection Act 1987, to which no limit applies.
9. General
a. This agreement shall terminate without further notice or action by Eleco if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or take any similar action in consequence of debt.
b. This Agreement shall not be governed by the 1980 Convention of Contracts for the Sale of Goods but by the laws of England and shall be subject the jurisdiction of the English Courts. This Agreement is the entire agreement between us and supersedes any other communications, representations, or advertising with respect to the Software and Documentation. If you have any questions, please contact Eleco.
c. If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement shall not be affected.
d. Nothing herein shall affect the statutory rights of consumers in 'consumer transactions' under any applicable legislation.
e. You agree that Eleco takes the benefit of the provisions of this Agreement for itself and as agent for any other entity from time to time forming part of the Eleco group.
f. You agree that the parties do not intend for any third party to have the right to enforce any provisions of this Agreement under the Contract (Rights of Third Parties) Act 1999 or otherwise.
g. Microsoft and MS-DOS are registered trademarks of Microsoft Corporation, Windows is a trademark of Microsoft Corporation, Autodesk, the Autodesk logo and 3D Studio are registered trademarks of Autodesk, Inc. 1993, 1995 Autodesk Inc. All rights reserved.
