END-USER LICENSE AGREEMENT FOR ALL SOFTWARE PRODUCTS. IMPORTANT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION OF ANY SOFTWARE PROVIDED BY CIVILCAD DESIGN OR ANY OF ITS CONTRACTORS: CivilCAD Design’s End-User License Agreement (“EULA”) is a legal agreement between you (either as an individual or a single entity) and CivilCAD Design. For all CivilCAD Design software product(s) identified herein, but not limited to, which may include associated software components, media, printed materials, and “online” or electronic documentation (“PRODUCT”). By installing, copying, or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and CivilCAD Design and CivilCAD Design’s Contractors, (referred to herein as “licenser”), and it supersedes any prior proposal, representation, or understanding between all parties involved. If you do not agree to the terms of this EULA, do not install or use the PRODUCT.
The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold.
GRANT OF LICENSE
The PRODUCT is licensed as follows: (a) Installation and Use – CivilCAD Design grants you the right to install and use copies of the PRODUCT on your computer running a validly licensed copy of the operating system or parent software for which the PRODUCT was designed [e.g., Windows 7, Windows 8, Windows 10, AutoCAD, AutoCAD Civil 3D]. The software may be installed on any computer but will not function until activated. (b) Activation – CivilCAD Design grants you one activation per license per the calendar year specifically for the event of a computer failure or the purchase of a new computer. The activation process creates license files that are directly connected to computer CPU/Motherboard ID’s on which the PRODUCT was initially installed and activated on. Any licenses must be removed from the previous computer prior to transferring activation to another computer. (c) License Files – CivilCAD Design’s license files are in no way connected to Autodesk product licensing, or any other software and may not be transferred to any other computer. CivilCAD Design does offer site licenses, which are governed by their own Site Use License Agreement (SULA) (d) Backup Copies – You may make copies of the PRODUCT as may be necessary for backup and archival purposes only.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices – You must not remove or alter any copyright notices on any and all copies of the PRODUCT. (b) Distribution – You may not distribute ANY copies of the PRODUCT to third parties, regardless of any matter. Evaluation versions that have been made available for download from CivilCAD Design’s websites, or from the Autodesk App Store may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly – You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental – You may not rent, lease, or lend the PRODUCT in any manner. (e) Support Services – CivilCAD Design may provide you with support services related to the PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws – You must comply with all applicable laws regarding use of the PRODUCT.
Without prejudice to any other rights, CivilCAD Design 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 PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the PRODUCT and any copies thereof are owned by CivilCAD Design or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the 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. All rights not expressly granted are reserved by CivilCAD Design.
CivilCAD Design expressly disclaims any warranty for the PRODUCT. The PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. CivilCAD Design does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the PRODUCT. CivilCAD Design makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer programs. CivilCAD Design further expressly disclaims any warranty or representation to Authorized Users or to any third party.
LIMITATION OF LIABILITY
In no event shall CivilCAD Design be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of, or inability to use the PRODUCT, even if CivilCAD Design has been advised of the possibility of such damages. In no event will CivilCAD Design be liable for loss of data, or for indirect, special, incidental, consequential (including lost profit), or other damages based on contract, tort or otherwise. CivilCAD Design shall have no liability with respect to the content of the PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.