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The following License Agreement is supplied with all
GlobalCAD software products and must be accepted before
installation and use of the software.
Globalcad Consultants Limited
Electronic End User License Agreement
ATTENTION: PLEASE READ THIS ELECTRONIC END USER LICENSE
AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE BELOW,
THE INDIVIDUAL OR ENTITY OPENING THIS PACKAGE (THE "END-USER")
AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE.
The enclosed computer program(s) and the accompanying
documentation are provided to the End-User by Globalcad
Consultants Limited ("Licenser") for use only under
the following terms. Licenser reserves any right not
expressly granted to the End-User. The End-User owns
the disk(s) or CD-ROM(s) on which the Software is recorded,
but Licenser retains ownership of all copies of the
Software itself. The End-User assumes sole responsibility
for the installation, use and results obtained from
use of the Software.
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| 1. License. |
| End-User is granted a limited, non-exclusive
license to do only the following:- |
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| A. Install and maintain the Software
on one computer at any time for use only in the End-User's
own business. |
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| B. Make one copy in machine-readable
form solely for backup or archival purposes for the computer
upon which the Software is installed. The Software is
protected by copyright law. As an express condition of
this License, the End-User must reproduce on the copy
Licenser's copyright notice and any other proprietary
legends on the original copy supplied by Licenser. |
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| C. Transfer the Software and your License
on a permanent basis to another person only if that person
agrees to accept the terms of this Agreement and you either
transfer all copies to that person or destroy any copies
not transferred. If you transfer possession of any copy
of the Software to another person, your License is automatically
terminated. |
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| 2. Restrictions. |
| The End-User may NOT sublicense, assign,
or distribute copies of the Software to others. The Software
contains trade secrets. The End-User may NOT de-compile,
reverse engineer, disassemble, or otherwise reduce the
Software to a human readable form. THE END-USER MAY NOT
MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR
PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE
SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE
OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION
1.C. ABOVE. |
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| 3. Protection and Security. |
| The End-User agrees to use its best
efforts and to take all reasonable steps to safeguard
the Software to ensure that no unauthorized person shall
have access thereto and that no unauthorized copy, publication,
disclosure or distribution in whole or in part, in any
form, shall be made. The End-User acknowledges that the
Software contains valuable confidential information and
trade secrets and that unauthorized use and/or copying
are harmful to Licenser. |
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| 4. Termination. |
| This License is effective until terminated.
This License will terminate immediately without notice
from Licenser if the End User fails to comply with any
of its provisions. Upon termination the End User must
destroy the Software and all copies thereof, and the End-User
may terminate this License at any time by doing so. |
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| 5. Limited Warranty. |
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Licenser warrants that, for 30 days from the date of
initial use by the original End-User, the Software shall
operate substantially in accordance with the published
functional specifications current at the time of shipment.
If, during the warranty period, a defect appears, End-User
shall return the Software to Licenser and Licenser's
only obligation shall be, at Licenser's election, to
replace the defective Software or refund the purchase
price. The End-User agrees that the foregoing constitutes
the End-User's sole and exclusive remedy for breach
by Licenser under any warranties made under this Agreement.
This warranty does not cover any Software that has been
altered or changed in any way by anyone other than Licenser.
Licenser is not responsible for problems associated
with or caused by incompatible operating systems or
equipment, or for problems in the interaction of the
Software with software not furnished by Licenser.
No oral or written information or advice given by Licenser
or its dealers, distributors, employees or agents shall
in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY,
QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT
WILL LICENSER, OR ITS DIRECTORS, OFFICERS, EMPLOYEES
OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSER'S LIABILITY TO THE END-USER (IF ANY) FOR
ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED
TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY
PAID TO LICENSER FOR THE LICENSE OF THE SOFTWARE.
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| 6. Enhancements. |
| From time to time Licenser may, in
its sole discretion, advise the End-User of updates, upgrades,
enhancements or improvements to the Software and/or new
releases of the Software (collectively, "Enhancements"),
and may license the End-User to use such Enhancements
upon payment of prices as may be established by Licenser
from time to time. All such Enhancements to the Software
provided to the End-User shall also be governed by the
terms of this License. IN ORDER FOR THE END-USER TO BE
ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE
ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST COMPLETE,
SIGN AND RETURN TO LICENSER THE ATTACHED END-USER REGISTRATION
CARD. |
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| 7. General. |
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This License will be governed by and construed in accordance
with the laws of the United Kingdom, and shall inure
to the benefit of Licenser and End-User and their successors,
assigns and legal representatives. If any provision
of this License is held by a court of competent jurisdiction
to be invalid or unenforceable to any extent under applicable
law, that provision will be enforced to the maximum
extent permissible, and the remaining provisions of
this License will remain in full force and effect. Any
notices or other communications to be sent to Licenser
must be mailed first class, postage prepaid, to the
following address:-
Globalcad Consultants Limited, P.O. Box 22, Godalming,
Surrey GU8 6YS United Kingdom.
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof,
and all prior proposals, agreements, representations,
statements and undertakings are hereby expressly cancelled
and superseded. This Agreement may not be changed or
amended except by a written instrument executed by a
duly authorized officer of Licenser.
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| 8. Acknowledgment. |
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BY INDICATING ACCEPTANCE BELOW, THE END-USER ACKNOWLEDGES
THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES
TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you
have any questions concerning this License, contact
Licenser at the address set forth above.
This software is furnished under a license agreement
and may be used only in accordance with the terms of the
agreement. GlobalCAD, GlobalCAD (logo), LandARCH,
LandARCH (logo), Toolbox LT, Toolbox LT (logo),
GlobalCAD Organizer, GlobalCAD Organizer (logo),
GlobalCAD Schedule, GlobalCAD Schedule (logo), ADT
Schedule, ADT Schedule (logo), Project Center, Project
Center (logo), Block Manager, Attribute Wizard, Hatch
Manager, Linetype Wizard, Dynamic Link and Drawing
Border are trademarks of GlobalCAD Consultants Ltd.
Copyright (c) 2007 GlobalCAD Consultants Limited. All
rights reserved.
AutoCAD, AutoCAD LT, Autodesk, Autodesk Map, AutoLISP,
Civil 3D, ObjectARX, ObjectDBX and Visual LISP are
registered trademarks or trademarks of Autodesk, Inc.,
in the USA and/or other countries.
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