The following is a copy of the End-User License Agreement users must accept before installing and using the Alibre Design software.
Product License Agreement Be sure to carefully read and understand all of the rights and restrictions described in the End User License Agreement (EULA). You will be asked to review and either accept or not accept the terms of the EULA. This product will not run on your computer unless or until you accept the terms of the EULA. NOTE: The terms of a printed, paper EULA, which may accompany the SOFTWARE PRODUCT, supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT. For your future reference, refer to a copy of the EULA that can be found in the eula.rtf file of this product. You may also receive a copy of this EULA by contacting Alibre: Alibre, Inc., 2350 Campbell Creek Blvd., Suite 100, Richardson, Texas 75082. Your click of the "I Agree" button is a symbol of your signature that you accept the terms of the license agreement. END-USER LICENSE AGREEMENT FOR ALIBRE DESIGN SOFTWARE IMPORTANT-READ CAREFULLY: This Alibre End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Alibre, Inc. for the Alibre software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Alibre under the "Support Services" (as described below). Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you cannot install or use the SOFTWARE PRODUCT; you may, however, request a full refund. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") this copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal, handheld PC, or other digital electronic device ("COMPUTER"). The primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may make copies for his or her exclusive use on other computers. Storage/Network Use. You may also store or install this copy of the SOFTWARE PRODUCT on a storage device, such as a network server, provided you only use same to RUN the SOFTWARE PRODUCT on other COMPUTERS over your internal network. You must acquire and dedicate a license for each separate user who runs the SOFTWARE PRODUCT from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently with different users. Reservation of Rights. All rights not expressly granted are reserved by Alibre. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER. Trademarks. This EULA does not grant you any rights in connection with any trademarks, service marks or trade names of Alibre. Support Services. Alibre may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Alibre policies and programs described in the user manual, in "online" documentation, and/or in other Alibre-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Alibre as part of the Support Services, Alibre may use such information for its business purposes, including for product support and development. Alibre will not utilize such technical information in a form that personally identifies you. Software Transfer. You may not sell or transfer the SOFTWARE PRODUCT. Termination. Without prejudice to any other rights, Alibre may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Alibre or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 4. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT. 5. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Alibre solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT. 6. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 7. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. If SOFTWARE is labeled "North America Only Version" above, on the Product Identification Card, or on the SOFTWARE packaging or other written materials, then the following applies: The SOFTWARE contains strong encryption features. The SOFTWARE may be distributed in the United States, its territories, possessions and dependencies, and Canada without an export license. Export of the SOFTWARE from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). An export license or applicable license exception is required to export the SOFTWARE outside the United States or Canada. You agree that you will not directly or indirectly export or re-export the SOFTWARE (or portions thereof) to any country, other than Canada, or to any person or entity subject to U.S. export restrictions without first obtaining a Commerce Department export license or determining that there is an applicable license exception. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked, or denied your export privileges. 8. MANDATORY OPERATING SYSTEMS SOFTWARE UPGRADES. The SOFTWARE PRODUCT may contain mandatory operating systems software upgrades required for proper operation of the SOFTWARE PRODUCT. Any such systems software upgrades are licensed to you pursuant to the same terms as provided in your license to the operating system. MISCELLANEOUS If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Delaware. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Alibre: Alibre, Inc., 2350 Campbell Creek Blvd., Suite 100, Richardson, Texas 75082. LIMITED WARRANTY LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Alibre warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Alibre shall be substantially as described in applicable written materials provided to you by Alibre, and Alibre support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. CUSTOMER REMEDIES. Alibre's and its suppliers' entire liability and your exclusive remedy shall be, at Alibre's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Alibre's Limited Warranty and which is returned to Alibre with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Alibre are available without proof of purchase from an authorized international source. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALIBRE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALIBRE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ALIBRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ALIBRE'S AND IT'S SUPPLIER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN ALIBRE SUPPORT SERVICES AGREEMENT, ALIBRE'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
