Cadcraft Eula

 

 

CADCRAFT END USER LICENSE AGREEMENT

 

Last revised February 23, 2017.

This limited software warranty and license agreement (this “Agreement”) is entered in between the end user (“End User” or “You”) and Cadcraft AB, Teknikg. 2, 504 62 Borås, Sweden (“Cadcraft”). The Agreement may be updated periodically and the current version will be posted at http://www.cadcraft.com/sv/cadcraft-eula (the “Website”). The words “Agreement”, “End User” and other capitalized terms used in this Agreement are defined terms.

This Agreement and its terms and conditions must be entered into before downloading, opening, installing, copying or otherwise use any products provided by Cadcraft (the “Software”). By selecting the “I accept” button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of this Agreement, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Software, (i) you accept this Agreement on behalf of the entity for which you are authorized to act (e.g., an employer) and acknowledge that such entity is legally bound by this Agreement (and you agree to act in a manner consistent with this Agreement) or, if there is no such entity for which you are authorized to act, you accept this Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement, and (ii) you represent and warrant that you have the right, power and authority to act on behalf of and bind such entity (if any) or yourself. You may not accept this Agreement on behalf of another entity unless you are an employee or other agent of such other entity with the right, power and authority to act on behalf of such other entity. Your continued use of the Software after a revised Agreement has been posted on the Website constitutes Your acceptance of its terms and conditions.

If You are unwilling to accept this Agreement, or You do not have the right, power and authority to act on behalf of and bind such entity or yourself as an individual (if there is no such entity), do not select the “I accept” button or otherwise acknowledge the Agreement or use the Software.

The Software includes all software included with this agreement, accompanying manuals and other written files, electronic or online materials or documentation and any and all copies of such software and its materials. The Software also includes any upgrades provided by Cadcraft that replace or supplement the original Software, unless such upgrade is accompanied by a separate license in which case such license will govern.

 

A. SCOPE OF THE LICENSE

 

Single User License

This license granted for You for the Software is limited to a non-exclusive, non-transferable limited license to install and use the Software in object code form solely on a single central processing unit owned or leased by End User or otherwise embedded in equipment provided by Cadcraft as permitted by the terms of use set forth below (the “Usage Rules”).

Multiple-Users License

This license granted for You for the Software is limited to a non-exclusive, non-transferable limited license to install and use the Software in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by You for which You have paid a license fee (”Permitted Number of Computers”); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers, as permitted by the terms of use set forth below (the “Usage Rules”).

General

The Software provided by Cadcraft is licensed, not sold, for Your use only under the terms of this Agreement. Cadcraft reserves all rights not expressly granted to You.

The license does not allow You to use the Software on any unit or equipment that You do not own or control, and You may not distribute or make the Software available to be used by multiple devices at the same time, other than specified in the Usage Rules.

 

B. USAGE RULES

As an End User, You agree to the following terms of use.

(i)

You may only use the programs contained in the Software (i) for which You have paid a license fee (or in the case of an evaluation copy, those programs the End User is authorized to evaluate) and (ii) for which You has received a product authorization key (”PAK”).

(ii)

You agree to only make one (1) archival copy of the Software provided that You affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.

(iii)

The licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Cadcraft. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Cadcraft. Furthermore, You agree to implement reasonable security measures to protect such trade secrets and copyrighted material.

(iv)

You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of Cadcraft and its licensors. If You breach this restriction, You may be subject to prosecution and damages.

(v)

You may not disclose confidential information or information that You do not lawfully possess.

(vi)

You may not post, link to, upload or transmit software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components.

(vii)

You may not use Cadcrafts services for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for the content that you post or upload to Cadcraft, including its legality, reliability, and appropriateness.

 

C. USE OF DATA

You agree that Cadcraft may collect and use technical data and related information, including personal data, in accordance to current privacy policy, which can be found at www.cadcraft.com/sv/allmanna-villkor

 

D. TERMINATION

The license is effective until terminated by You or Cadcraft. Your rights under this license will terminate automatically without notice from Cadcraft if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.

End User grants to Cadcraft or its independent accountants the right to examine its books, records and accounts during End User’s normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, You shall promptly pay to Cadcraft the appropriate licensee fee for the additional computers or users. At Cadcraft’s option, Cadcraft may terminate this license for failure to pay the required license fee.

 

E. SERVICES; THIRD PARTY MATERIALS

The Software may enable access to Cadcrafts and third party services and web sites (collectively and individually, ”Services”). Use of the Services may require Internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Cadcraft shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Cadcraft is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Cadcraft does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

The Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Cadcraft is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from the Software may not be available in all languages or in all countries. Cadcraft makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Cadcraft, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Cadcraft be liable for the removal of or disabling of access to any such Services. Cadcraft may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

F. WARRANTY

Cadcraft warrants that for a period of ninety (90) days from the date of shipment from Cadcraft:

(i)

the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and

(ii)

the Software substantially conforms to its published specifications.

 

This limited warranty extends only to End User as the original licensee. End User’s exclusive remedy and the entire liability of Cadcraft and its suppliers under this limited warranty will be, at Cadcraft or its service center’s option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to End User.

Except for the foregoing, the Software or Services performed or provided by Cadcraft are provided “as is” and “as available”. Cadcraft does not warrant against interference with the Software, that the functions contained in, or Services performed or provided by Cadcraft will meet Your requirements, that the Software or Services will be uninterrupted or error-free, or that defects will be corrected. No oral or written information or advice in respect to the Software and/or Services given by Cadcraft shall create a warranty.

This warranty does not apply if the Software

(i)

has been altered, except by Cadcraft,

(ii)

has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cadcraft,

(iii)

has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or

(iv)

is used in ultrahazardous activities.

The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Cadcraft does not receive a license fee. All such software products are provided “as is” and “as available” without any warranty whatsoever.

If You have entered into this Agreement as a consumer, above exclusion and limitation may not fully apply to You.

 

G. LIMITATION OF LIABILITY

Cadcraft or its suppliers shall in no event, however caused, be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, punitive damages, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Software and/or Services. This shall be, to the extent not prohibited by law, regardless of the theory of liability (contract, tort [including negligence] or otherwise), and not exceed the price paid by End User. This applies even if Cadcraft or its suppliers have been advised of the possibility of such damages. The foregoing limitations shall also apply even if the above stated warranty fails of its essential purpose.

Cadcraft will not be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from acts of God, supplier delay or other causes beyond Cadcrafts reasonable control (Force Majeure).

 

H. ADDITIONAL TERMS

(i)

In case this Agreement is available in several languages, the English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations.

(ii)

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision or any other provision of this Agreement in any other jurisdiction.

(iii)

Notices in connection with this Agreement by either party will be in writing and will be sent by electronic mail, postal service, or a delivery service (such as UPS, FedEx or DHL), except that You may not provide notice to Cadcraft of an Cadcraft-breach or provide notice of termination of this Agreement by electronic mail. Notice of termination shall be sent to [order@cadcraft.se].

(iv)

Sections B, D, E, F, G and H (i, vi) will survive any termination of this Agreement.

(v)

The Software, including technical data, is subject to Swedish export laws and regulations, and may be subject to export or import regulations in other countries. End User must strictly comply with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Software.

(vi)

This Agreement will be governed by and construed in accordance with the laws of Sweden. Any claim, action or dispute arising under, or relating to, this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the district court of Stockholm, Sweden. The language used at dispute resolution shall be Swedish.