Chip 2001 May/W2KPRK.iso/apps/smartsketch_le/_user1.cab/Language_Independent_OS_Independent_Files/newlicense.txt

Text File | 1999-11-02 | 12KB | 198 lines

Intergraph Corporation Software License Agreement
Intergraph SmartSketch(R)
Copyright ⌐  1999 Intergraph Corporation
All Rights Reserved

______________________________________________________________________


You should carefully read this Software License Agreement ("Agreement") before
downloading, opening, loading, or operating the online copy of the computer program
and related documentation ("Software").

The Software can only be downloaded, installed, loaded, and operated in accordance
with the terms and conditions of this Agreement.  Except as may otherwise be
prohibited, opening, loading, or operating the Software indicates your acceptance of this
Agreement, and your agreement to use the Software in accordance with the following
terms and conditions.

The Software is a proprietary product of Intergraph Corporation and relevant third
parties, and is protected by copyright law and international treaty.  Any loading, use, or
operation of the Software, other than as specified herein, is unauthorized and in violation
of applicable copyright law and international treaty.

In consideration of the above and the terms and conditions set forth below, it is agreed
as follows:

The terms of this Agreement, and the rights granted hereunder, shall commence with the
acceptance hereof and the installation of the Software by you onto your computer, and
end upon the removal of the Software from your computer.  However, this Agreement
shall terminate immediately upon (i) your failure to comply with any term or condition
of this Agreement, (ii) any unauthorized transfer of possession of the Software or any
copy, derivative corporation thereof, (iii) circumvention of the Software protection
device, if any exists, or this Agreement, or (iv) deactivation or destruction of the
Software.  Upon termination of this Agreement, you agree to return to Intergraph, or
destroy, all copies of the Software and any related documentation.

License

a.  Single-use software
Single-use software is designated by SU in the product description.  Each license for SU
software permits a single copy to be stored on hard disk and loaded for execution on a
single designated type of workstation and operating system.  It is the responsibility of the
licensee to assure that SU software is not moved to a second workstation until it has
been completely removed from the first workstation.

b.  Home use
If SU software is permanently stored on the hard disk of a workstation and one person
uses that workstation more than 80% of the time it is in use, then that person may also
use the software either on a portable computer or on a home computer.

c.  Upgrade or update
If this software is purchased as an upgrade or provided as an update to a previous
version of licensed software, this software may be used only to replace the previous
version, and no additional license is granted.  This software and the previous version
may not be separately used or transferred to a third party.

You may:
1.  Copy this program into any machine readable or printed form for backup purposes in
support of your licensed use of the program.

2.  Modify this program and/or merge it into another program for licensed use (any
portion of this program merged into another program will continue to be subject to the
terms and conditions of this Agreement).

3.  Transfer this program and license to another party if the other party agrees to accept
the terms of this Agreement.  If you transfer this program, you must at the same time
either transfer all copies, modifications, or merged portions, in whatever form, to the
same party, or destroy those not transferred.

You must reproduce and include the copyright notice on any copy, modification, or
portion of this program merged into another program.

You may not:
Decompile, disassemble, or otherwise reverse engineer this program.  You may not use,
copy, modify, or transfer this program, or any copy, modification, or merged portion, in
whole or in part, except as expressly provided for in this Agreement.  If you do transfer
possession of any copy, modification, or merged portion of the program to another party
except as expressly provided, your license is automatically  terminated.

Documentation
Intergraph's standard U.S. documentation delivery policy for Windows, Windows NT, and
MS-DOS software products is to provide one standard documentation set free per license
for each copy of the software purchased, except for licenses with which no product-
specific documentation is provided.  Intergraph reserves the right to deliver
documentation in an online format.  You have the right to print online documentation as
needed for your internal purposes.  These policies may vary outside the United States.
Check with your local Intergraph office for details.

Term
The terms of this Agreement, and the rights granted hereunder, shall commence with the
acceptance hereof and the installation of the Software by you onto your computer.  The
license is effective until terminated.  You may terminate it at any time by destroying this
program together with all copies, modifications, and merged portions in any form.  It will
also terminate upon conditions set forth elsewhere in this Agreement or if you fail to
comply with any term or condition of this Agreement, or if you fail to pay the
appropriate license fee(s).  You agree upon termination to destroy this program together
with all copies, modifications, and merged portions in any form.

Warranties
Intergraph warrants for a period of thirty (30) days from the date of shipment that,
under normal use, software delivery media will be free of defects in material and
workmanship.  You acknowledge and agree that Intergraph will satisfy this warranty if it
corrects errors which appear in this program or in the user manuals, reported to
Intergraph during the warranty period.  INTERGRAPH DOES NOT WARRANT THAT
ANY INTERGRAPH PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER
NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY INTERGRAPH
PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE.

Intergraph warrants and represents that it has the right to grant this license.
The foregoing warranties are void if failure of a warranted item results, directly or
indirectly, from an unauthorized modification to a warranted item; an unauthorized
attempt to repair a warranted item; or misuse of a warranted item, including without
limitation use of warranted item under abnormal operating conditions or without
routinely maintaining a warranted item.  You agree to promptly notify Intergraph of any
suspected defects in software delivery media or this program.

THE FOREGOING WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER
WARRANTIES.  INTERGRAPH MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.  YOU ACCEPT THE PRODUCT IN AN "AS IS" CONDITION.  IN NO
EVENT WILL INTERGRAPH BE LIABLE FOR ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.

Remedies
Intergraph's entire liability and your exclusive remedy shall be, in Intergraph's sole and
absolute discretion, either (i) the repair or replacement of any warranted item which does
not meet the respective warranties given above, or (ii) a refund of the purchase price of
the warranted item.

The above warranties and limitations give you specific legal rights, and you may also
have other rights which vary from jurisdiction to jurisdiction.  Certain limitations set forth
in this section may not apply in some jurisdictions.

Limitation of Damages
In no event will Intergraph be liable to you for any damages, including but not limited to
any incidental, special, or consequential damages, arising out of or in connection with the
use or inability to use this program or software delivery media.  Except as otherwise
provided by applicable law, no claim, regardless of form, arising out of or in connection
with this Agreement may be brought by you more than two (2) years after the cause of
action has accrued.

General
If this program is acquired directly or indirectly on behalf of a unit or agency of the
United States Government, this provision applies.  For civilian agencies: This program
was developed at private expense and is "restricted computer software" submitted with
restricted rights in accordance with subparagraphs  (a) through (d) of the Commercial
Computer Software - Restricted Rights clause at 52.227-19 of the Federal Acquisition
Regulations ("FAR") and its successors, and is unpublished and all rights are reserved
under the copyright laws of the United States.  For units of the Department of Defense
("DoD"): This program is licensed only with "Restricted Rights" as that term is defined
in the DoD Supplement to the FAR, clause 252.227-7013(c)(1) (ii), Rights in Technical
Data and Computer Software and its successors, and use, duplication or disclosure is
subject to the restrictions set forth therein.

Any attempt to sublicense, assign, or transfer the license or the program except as
expressly provided in this Agreement is void.

If any provision of this Agreement is held unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall remain in full force and effect.

This Agreement will be governed by the laws of the State of Alabama.  Jurisdiction and
venue for any dispute arising from this Agreement or relating to the Software shall be in
the United States District Court for the Northern District of Alabama, Northeastern
Division, or the Circuit Court for Madison County, Alabama.

Should you have any questions concerning this Agreement, you may contact your local
Intergraph office or Intergraph Corporation by calling 1-800-345-4856 or writing
Intergraph Corporation, Huntsville, AL  35894-0001.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Support Services
Intergraph will provide Complimentary Service during the warranty period.
Complimentary Service will be limited to telephone support for bug reports, installation,
and basic operation, excluding customization.  To use Complimentary Service, call
Intergraph's customer service hotline: [phone].  Intergraph will accept customer
reports of problems found, but after the warranty period you will be required to purchase
updated or corrected software.  If you obtained this program from an authorized dealer
you should contact the dealer for support.

Updates
Upgrades, when and as available, will be provided at a separate charge.  In order to
receive notices of updates and enhancements, you must complete and return the
enclosed registration form.

Intergraph is a registered trademark and Intergraph SmartSketch is a trademark
of Intergraph Corporation.

Other brands and product names are trademarks of their respective owners.