EULA

SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT


(End-User Perpetual License/Redistribution Prohibited)

VARICAD S R.O. LICENSES THE SOFTWARE UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE OPENING THE PRODUCT PACKAGE AND INSTALLING THE SOFTWARE.

 

1. The Software. The Software licensed under this Agreement consists of computer programs, data compilation(s), and documentation referred to as VariCAD education version (the "Software").

 

2. Perpetual Term. The term of the license granted herein shall be perpetual unless terminated by written notice by You for convenience or terminated by either party for material breach. Immediately upon termination of this license for any reason, You shall return to VariCAD all copies of the Software and documentation.

 

3. License Grant (Single CPU or Network; Per CPU). You are granted non-exclusive rights to install and use the Software on any single computer and/or transmit the Software over an internal computer network, provided that You acquire and dedicate a licensed copy of the Software for each computer on which the Software is used or to which it is transmitted over the internal network. A license for the Software may not be shared or used concurrently on different computers; however, if the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. You may purchase additional licenses for the Software from time to time. This Agreement shall take precedence over any purchase order for additional licenses, and any conflicting, inconsistent, or additional terms in such purchase orders shall be null and void. You may copy the Software for archival purposes, provided that all copies must contain the original Software's proprietary notices in unaltered form.

 

4. Restrictions. You may not: (i) permit others to use the Software, except as expressly provided above for authorized network use; (ii) modify or translate the Software; (iii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law; (iv) create derivative works based on the Software; (v) merge the Software with another product; (vi) copy the Software, except as expressly provided above; or (vii) remove or obscure any proprietary rights notices or labels on the Software

 

5. Transfers. You may not transfer the Software or any rights under this Agreement without the prior written consent of VariCAD, which consent shall not be unreasonably withheld, but can be charged. A condition to any transfer or assignment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall be null and void

 

6. Ownership. VariCAD and its suppliers own the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software's design and coding methodology. The Software is protected by copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.

 

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. VARICAD PROVIDES THE SOFTWARE "AS-IS." NEITHER VARICAD NOR ANY OF ITS SUPPLIERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. VARICAD AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE

 

INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL VARICAD OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF VARICAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VARICAD BE LIABLE FOR DAMAGES IN EXCESS OF VARICAD'S LIST PRICE FOR THIS SOFTWARE LICENSE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

IN NO EVENT SHALL VARICAD'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE.

 

MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of Czech Republic, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

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