SOURCE LICENSE AGREEMENT

 

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

This license agreement is a legal agreement between you (either an individual person or a single legal entity, referred to as "You") and ceometric (ceometric UG (haftungsbeschr√§nkt), referred to as "ceometric") for the software product that accompanies this license agreement ("Software Product"). 

By copying, installing, or otherwise using the Software Product, You agree to be bound by the terms of this license agreement. If You do not agree to the terms of this license agreement, do not copy, install, or use the Software Product.

 

1. SOURCE CODE PRODUCT LICENSE

 

GRANT OF LICENSE: ceometric grants to You the following non-exclusive, non-assignable royalty-free copyright licenses in the Software Product, which is identified specifically in the Software Product Definitions and in any updates thereto that ceometric may offer in the future.

 

SOFTWARE PRODUCT DEFINITION: The Software Product provided consists of Code Files.

Code Files include .NET 2.0 source code files written in C# eligible to be compiled to Binary Libraries with Microsoft Visual Studio. Code Files comprise xml documentation and code documentation.

You may redistribute the Binary Libraries generated from the Code Files with applications you develop that make use of or incorporate them, provided such applications do not expose application programming interfaces of the Software Product either directly or indirectly.

 

2. LICENSE LIMITATIONS

 

COPYRIGHT: The Software Product is protected by copyright and other intellectual property laws and treaties. ceometric owns the title, copyright, and other intellectual property rights in the Software Product. ceometric reserves all rights not expressly granted to You in this license agreement. The Software Product is licensed, not sold.

 

CODE FILE REDISTRIBUTION: You may not redistribute or make publicly accessible the Code Files or part of the Code Files either directly or with applications you develop.

 

TRANSFER: You may not transfer Your rights under this license agreement to any third parties.

 

RENTAL: You may not rent, lease, or lend the Software Product.

 

AutoDeskTM  applications: You may not use the Software product in value adding applications for any AutoDeskTM product other than for internal use.

 

MILITARY USE: You may not use the Software Product in a military application.

 

TERMINATION OF THIS LICENSE: ceometric may terminate this license at any time if you are in breach of any of its terms and conditions. In such event, you must immediately destroy the Software Product or return all copies of the Software Product to ceometric along with any copies you have made.

 

3. OTHER RIGHTS AND LIMITATIONS

 

SUPPORT SERVICES: ceometric is not obligated to provide technical or other support ("Support Services") for the Software Product. Any supplemental software 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 license agreement.

 

USER SUBMISSIONS: ceometric may use technical information You provide to ceometric as part of the Support Services for its business purposes, including for product support and development. ceometric will not utilize such technical information in a form that personally identifies You.

 

TECHNICAL SUPPORT FOR YOUR APPLICATION: You are responsible for any and all maintenance, end-user support, technical support and updates for Your Application(s).

 

4. WARRANTY AND LIABILITY

 

LIMITED WARRANTY: THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE SOFTWARE PRODUCT LICENSE AGREEMENT APPLIES TO THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS DESCRIBED ABOVE.

 

DISCLAIMER OF WARRANTIES:  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEOMETRIC PROVIDES THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS. FOR THE SOFTWARE PRODUCT AND THE SUPPORT SERVICES (IF ANY), CEOMETRIC OFFERS NO WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR OF ACCURACY OR CORRECTNESS OF RESULTS.

 

LIMITATION OF LIABILITY: THE ENTIRE LIABILITY OF CEOMETRIC FOR ANY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOFTWARE PRODUT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.

 

5. GOVERNING LAW

 

Any claim arising under or relating to this Agreement shall be governed by German internal substantive laws, without regard to principles of conflict of laws. Court of jurisdiction is the Munich county court.

 

6. EXPORT RESTRICTIONS

 

You may not export the Software Product in violation of applicable export laws.

 

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Munich, Aug. 23rd, 2010