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LICENSE.TXT
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1996-04-09
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KINETIX (tm), A DIVISION OF AUTODESK, INC.
ELECTRONIC END USER LICENSE
AGREEMENT FOR UNRELEASED SOFTWARE
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS
SOFTWARE YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT.
This Kinetix End User License Agreement for
Unreleased Software accompanies an unreleased
version of an Kinetix software product and related
explanatory materials ("Software"). The term
"Software" shall also include any upgrades, modified
versions or updates of the Software licensed to you by
Kinetix. This copy of the Software is licensed to you
as the end user. Please read this Agreement carefully.
Kinetix grants to you a nonexclusive license to use
the Software for evaluation and trial use purposes
only, provided that you agree to the following:
1. Use of the Software.
You may install the Software in a single location on a
hard disk or other storage device; install and use the
Software on a file server for use on a network for the
purpose of installation onto hard disks or other
storage devices or use of the Software over such
network; and make backup copies of the Software.
You may make unlimited copies of the Software and
give copies to other persons or entities so long as (i)
you do not relicense the Software as a stand-alone
product or as a product of which the Software is the
primary source of value and (ii) all copies contain this
Agreement and the same copyright and other
proprietary notices that appear on or in the Software.
2. Copyright. The Software is owned by Kinetix and
its suppliers, and its structure, organization and code
are the valuable trade secrets of Kinetix and its
suppliers. The Software is also protected by United
States Copyright Law and International Treaty
provisions. You agree not to modify, adapt, translate,
reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the
Software. You may use trademarks only to identify
printed output produced by the Software, in
accordance with accepted trademark practice,
including identification of trademark owner's name.
Such use of any trademark does not give you any
rights of ownership in that trademark. Except as
stated above, this Agreement does not grant you any
intellectual property rights in the Software.
3. Cooperation with Kinetix. During the term of this
Agreement, you will provide feedback to Kinetix
regarding testing and use of the Software, including
error or bug reports.
4. No Warranty. You acknowledge that the Software
is a pre-release, prototype version, does not represent
final product from Kinetix, and may contain bugs,
errors and other problems that could cause system
failures. Consequently, the Software is provided to
you "AS IS," and Kinetix disclaims any warranty or
liability obligations to you of any kind. You
acknowledge that Kinetix has not promised or
guaranteed to you that such Software will be
announced or made available to anyone in the future,
that Kinetix has no express or implied obligation to
you to announce or introduce the Software and that
Kinetix may not introduce a product similar or
compatible with the Software.
Accordingly, you acknowledge that any research or
development that you perform regarding the Software
or any product associated with the Software is done
entirely at your own risk. KINETIX AND ITS
SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE OR
DOCUMENTATION. KINETIX AND ITS
SUPPLIERS MAKE NO WARRANTIES, EXPRESS
OR IMPLIED, AS TO NONINFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT WILL KINETIX OR ITS
SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST SAVINGS, EVEN IF AN KINETIX
REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the
exclusion or limitation of incidental, consequential or
special damages, or the exclusion of implied
warranties or limitations on how long an implied
warranty may last, so the above limitations may not
apply to you.
5. Termination of Use. Upon your receipt of a later
unreleased version of the Software or a publicly
released commercial version of the Software, you
agree to destroy all earlier unreleased versions of the
Software received from Kinetix and to abide by the
terms of the End User License Agreement for any
such later versions of the Software.
6. Governing Law and General Provisions. This
Agreement will be governed by the laws of the State
of California, U.S.A., excluding the application of its
conflicts of law rules. This Agreement will not be
governed by the United Nations Convention on
Contracts for the International Sale of Goods, the
application of which is expressly excluded. If any part
of this Agreement is found void and unenforceable, it
will not affect the validity of the balance of the
Agreement, which shall remain valid and enforceable
according to its terms. You agree that the Software
will not be shipped, transferred or exported into any
country or used in any manner prohibited by the
United States Export Administration Act or any other
export laws, restrictions or regulations. This
Agreement shall automatically terminate upon failure
by you to comply with its terms.
This Agreement may only be modified in writing
signed by an authorized officer of Kinetix.
7. Notice to Government End Users. If this product is
acquired under the terms of a: GSA contract- Use,
reproduction or disclosure is subject to the
restrictions set forth in the applicable ADP Schedule
contract; DoD contract- Use, duplication or
disclosure by the Government is subject to
restrictions as set forth in subparagraph (c) (1) (ii) of
252.227-7013; Civilian agency contract- Use,
reproduction, or disclosure is subject to 52.227-19 (a)
through (d) and restrictions set forth in the
accompanying end user agreement.
Unpublished rights reserved under the copyright laws
of the United States.
Kinetix, a division of Autodesk, Inc., 111 McInnis
Parkway, San Rafael CA 94903
Please indicate your acceptance of or decline the
foregoing Agreement by clicking on the appropriate
box during installation.
Autodesk is a registered trademark and Kinetix a
trademark of Autodesk, Inc.
Copyright (c) 1996 Autodesk, Inc.
All rights reserved.