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AEC OBJECT ENABLER SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT.
AUTODESK IS WILLING TO LICENSE THE AEC OBJECT ENABLER SOFTWARE TO YOU ONLY
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
ACCOMPANYING LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE
TERMS INCLUDED HEREWITH ("AGREEMENT").
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING
THE "ACCEPT TERMS" BUTTON AT THE BOTTOM OF THE PAGE. BY
SELECTING THE "ACCEPT TERMS" BUTTON, YOU ARE CONSENTING TO BE
BOUND BY ALL THE TERMS OF THE LICENSE AGREEMENT AND THE SOFTWARE WILL BE
DOWNLOADED.
IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE
TO ALL ITS TERMS AND CONDITIONS, SELECT "REJECT TERMS" -- WHICH
WILL CANCEL THE DOWNLOADING OF THE SOFTWARE. YOUR USE OF THE SOFTWARE
INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW.
This Agreement accompanies an Autodesk, Inc. ("Autodesk")
software product which includes graphics, digital imagery, text, drawing
files, programs, documentation and related information on this software
which you downloaded from Internet ("Software"). This Software
is licensed to you as the end user.
Autodesk grants to you a nonexclusive license to use the Software,
provided that you agree to the following:
Grant of License. Autodesk grants you a nonexclusive, nontransferable
license to use the Software according to the terms and conditions herein.
This License Agreement permits you to install the Software in a single
location on a single 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 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 all such copies contain this Agreement and the same
copyright and other proprietary notices that appear on or in the Software.
Restrictions. YOU MAY NOT DOWNLOAD AND/OR USE THE SOFTWARE IN THE
FOLLOWING COUNTRIES: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria,
and the Federal Republic of Yugoslavia, including the Republic of Serbia.
In conformity with laws and regulations of the United States relating to
international trade, you, your employees, agents and third parties shall
not disclose, export or reexport, directly or indirectly, by any method or
media, the Software or any portion thereof provided under this Agreement
to any country or party which is ineligible to receive such items under
U.S. laws and regulations or any other export laws, restrictions or
regulations.
YOU MAY NOT: (1) use or transfer the Software outside of the country in
which it was downloaded; (2) modify, translate, reverse-engineer,
decompile, or disassemble the Software; (2) rent, lease, or transfer all
or part of the Software or any rights granted hereunder to any other
person without Autodesk's prior written consent; (4) remove any
proprietary notices, labels, or marks from the Software.
Copyright/Trademarks. The Software is owned by Autodesk, and its
structure, organization and code contain valuable trade secrets of
Autodesk. The Software is protected by copyright law and international
treaty provisions. Title and copyrights to the Software and accompanying
materials and any copies made by you remain at all times with Autodesk.
Unauthorized copying of the Software, or failure to comply with the above
restrictions, will result in automatic termination of this license. You
may use trademarks 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.
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 JUDGMENT. 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. AUTODESK SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR
THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE
SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF
THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, 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.
Express Limited Year 2000 Warranty. Autodesk warrants that the Software
under normal use shall be able to accurately process date and time data
from, into and beyond the year 2000 including leap year calculations.
Except for the above express limited warranty, the Software is provided to
you "AS IS", and you acknowledge that it may contain errors.
AUTODESK DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE. AUTODESK MAKES, AND YOU RECEIVE, NO
WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU;
AND AUTODESK SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
AUTODESK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability. IN NO EVENT WILL AUTODESK BE LIABLE FOR ANY
DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA,
LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM
OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY. THIS LIMITATION WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
Restricted Rights for US Government Customers. This Software is provided
with RESTRICTED RIGHTS for US Government customers. Use, duplication, or
disclosure by the US Government is subject to restrictions as set forth in
FAR 12.212 (Commercial Computer Software-Restricted Rights) and DFAR
227.7202 (Rights in Technical Data and Computer Software), as applicable.
Manufacturer is Autodesk, Inc., 111 McInnis Parkway, San Rafael,
California 94903.
English ONLY Agreement. The parties hereto agree that it is their wish
that this Agreement, as well as other documents relating hereto, including
Notices, have been and shall be written in the English language only. Les
parties aux présentes confirment leur volonté que cette Convention de même
que tous les documents y compris tout avis qui s'y rattache, soient rédigés
en langue anglaise.
General. This Agreement shall not be governed by the UN Convention on
Contracts for the Sale of Goods; rather this Agreement shall be governed
by the laws of the State of California, including its Uniform Commercial
Code without reference to conflict-of-laws principles. This Agreement is
the entire agreement between us and supersedes any other communications or
advertising with respect to the Software. 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. This Agreement may only be modified in writing
signed by an authorized officer of Autodesk. If you have any questions,
please contact in writing: Autodesk, Inc., Customer Service, 111 McInnis
Parkway, San Rafael, California 94903.
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