hsCADCreator End-User License Agreement        

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hsCADCreator End-User License Agreement

 

DEFINITIONS

HACHISOFT means Hachisoft Corporation, a Washington State corporation, 115 W. Astor Ave Suite 208, Colville, Washington 99114.  EULA is the End-User License Agreement between you (either an individual or a single entity) and HACHISOFT. SOFTWARE means all of the contents of the files, or other media provided with hsCADCreator, including but not limited to HACHISOFT or third party computer information or software; related written explanatory materials or files (DOCUMENTATION); and UPDATES (e.g. upgrades, modified versions, updates, additions), and copies of the SOFTWARE, if any, licensed to you by HACHISOFT.  USE (or USING) means to access, install, download, copy or otherwise benefit from using the functionality of the SOFTWARE.  ALLOWED SEATS means one (1) unless otherwise indicated under a valid volume license granted by HACHISOFT. COMPUTER means any device capable of consuming the SOFTWARE.

 

SOFTWARE LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.  Its USE requires a valid license and an appropriate number of ALLOWED SEATS.  If you do not agree to the terms of this EULA, do not install, copy, or USE the SOFTWARE.

 

GRANT OF LICENSE

HACHISOFT grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.

 

1.General License Grant.  HACHISOFT grants to you a non-exclusive license to USE the SOFTWARE (i) for your internal use; (ii) for designing, developing, testing and demonstrating your software product(s); and (iii) for evaluation of the SOFTWARE.  You may not reverse-engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  You may not tamper with, circumvent or otherwise prevent the license validation mechanism (if any) from operating.  You may not rent or lease the SOFTWARE.  You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE, and the recipient agrees to the terms of this EULA. If the SOFTWARE is an UPDATE, any transfer must include all prior versions of the SOFTWARE.
2.Documentation.  You may make and USE an unlimited number of copies of any DOCUMENTATION, provided that such copies shall be USED only for personal internal purposes and are not to be republished or distributed.

 

RESERVATION OF RIGHTS AND OWNERSHIP

HACHISOFT reserves all rights not expressly granted to you in this EULA. The SOFTWARE is protected by copyright and other intellectual property laws and treaties. HACHISOFT or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE. You may not rent, lease, lend, or provide commercial hosting services with the SOFTWARE.

 

CONSENT TO USE OF DATA

You agree that HACHISOFT and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the SOFTWARE.  HACHISOFT may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

 

COMPLIANCE WITH LICENSES

You agree that upon request from HACHISOFT, you will within thirty (30) days fully document and certify that USE of any HACHISOFT SOFTWARE and/or UPDATES at the time of the request is in conformity with your valid licenses from HACHISOFT, and is supported by an appropriate number of ALLOWED SEATS.

 

EXPORT RESTRICTIONS

You recognize 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 destination restrictions issued by the U.S. government.

 

TERMINATION

Without prejudice to any other rights, HACHISOFT 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 and all of its component parts.

 

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, HACHISOFT and its suppliers provide the SOFTWARE, and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE and the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the USE of the software.

 

EXCLUSION OF DAMAGES

To the maximum extent permitted by applicable law, in no event shall HACHISOFT or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the USE of or inability to USE the SOFTWARE, the provision of or failure to provide support or other services, information, software or otherwise arising out of the USE of the SOFTWARE, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of HACHISOFT or any supplier, and even if HACHISOFT or any supplier has been advised of the possibility of such damages.

 

LIMITATION OF LIABILITY AND REMEDIES

To the maximum extent permitted by applicable law the entire liability of HACHISOFT and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the amount actually paid by you. The foregoing limitations, exclusions and disclaimers shall apply, even if any remedy fails its essential purpose.

 

APPLICABLE LAW

This EULA is governed by the laws of the State of Washington.

 

SEVERABILITY

This EULA is the entire agreement between you and HACHISOFT relating to the SOFTWARE and the support services (if any) and they supersede all prior or oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any HACHISOFT policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

 

QUESTIONS

Should you have any questions concerning this EULA, or if you desire to contact HACHISOFT for any reason, please use the address information enclosed in this EULA to contact HACHISOFT or visit HACHISOFT at http://www.hachisoft.com.