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License agreement (EULA) “End User License Agreement”

Important: The automatically translated version of this document into a language other than Spanish may have errors in the translation, therefore, only the Spanish version of this document is the official one. In case of discrepancies, use a professional translator.

Definitions: Mr.CAD Professional, Mr.CAD 360, Stand Alone or SA, including all programming and all compiled versions, artwork, logos, graphics, documentation, packaging and all its contents, and other components not included in the packaging such as: old versions, future updates, “Upgrades”, revisions, modifications, improvements, and their documentation, are represented in this document as the SOFTWARE. InGeomatics (DBA) and/or Miguel A. Ramírez Aguilar, is represented in this document as the OWNER. You (your person), the company, or the legal entity you represent, are represented herein as the RECIPIENT. These License Terms (the document you are reading) are a legal agreement between the RECIPIENT and the OWNER.

BY COPYING, INSTALLING, ACCESSING, USING ALL OR ANY PORTION OF THE SOFTWARE, THE RECIPIENT HAS AGREED TO ENTER INTO THIS LICENSE AGREEMENT, AGREES TO BE BOUND BY ALL ITS TERMS AND CONDITIONS, AND AGREES TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY NOT BE VIOLATED BY ANY PERSON OR ENTITY UNDER YOUR CONTROL OR ON YOUR SERVICE. A CONTRACT IS FORMALIZED BETWEEN THE OWNER AND THE RECIPIENT. IF THE RECIPIENT DOES NOT AGREE TO THE TERMS OR DOES NOT WISH TO ENTER INTO THIS AGREEMENT: DO NOT COPY, INSTALL, OR USE THE SOFTWARE

1. Grant of license

THIS IS A LICENSE AGREEMENT, NOT A SALES AGREEMENT. The SOFTWARE (described in the first section of this agreement) and its related documentation, NOT FOR SALE, are and will remain the property of the OWNER. All intellectual property rights (including and without limitation, copyrights, trade secrets, trademarks, etc.) related to the SOFTWARE are and remain the property of the OWNER. This license agreement only allows you a limited, revocable right of use in accordance with the terms of this license agreement. Nothing in this agreement constitutes a share of the OWNER'S intellectual property rights under any law. the OWNER retains title to the property and reserves all rights.

2. License

The OWNER grants the RECIPIENT the following rights as long as he/she complies with all the terms and conditions of this Agreement:

1) The OWNER grants you a personal, non-exclusive, non-transferable, and completely revocable, royalty-free license to install and use the SOFTWARE for drawing, development, and testing purposes. You may install and use (in executable form only) the SOFTWARE, on up to three (3) computers under your domain, provided that you are the only person using the SOFTWARE.

2) 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.

3) You may not use the SOFTWARE in whole or in part as a basis for developing other products and tools.

4) You may not rent or lease the SOFTWARE.

5) You may not redistribute the SOFTWARE.

6) You may not upload the SOFTWARE to third party websites or services.

7) No rights are granted for the use of illegal copies of the SOFTWARE, or for legal copies of the SOFTWARE obtained by illegal means.

8) If you file a patent claim against the OWNER, or any of its suppliers, for patents that you claim are infringed by the SOFTWARE, then your license to the OWNER'S SOFTWARE automatically terminates.

9) PERPETUAL LICENSE: The license is perpetual as long as the author of the SOFTWARE is alive. See section 12.

10) SUBSCRIPTIONS: The subscription license is valid for the duration of the subscription. When your subscription terminates, your right to use the SOFTWARE ends, however, portions of this agreement survive. See section 11. Subscription period begins on the day the purchase is made.

11) TRIAL LICENSE: The SOFTWARE may be subject to trial periods for evaluation purposes. Trial periods may begin after installation or upon first use of a component. Upon expiration of a trial period, the SOFTWARE will not function, or may continue to function with reduced functionality. The duration of trial periods is specified in the SOFTWARE documentation or displayed in its interfaces.

12) SOFTWARE REGISTRATION: The use of some SOFTWARE components may be governed by product registration technology. Unregistered SOFTWARE may be in a non-functional state or subject to testing. During registration, the licensor (or its affiliates) will issue you a serial number for one or more components. By entering the valid serial and activation number for the SOFTWARE, the registered SOFTWARE will be released from its trial status and/or non-functional limitations. You agree not to disclose the serial and activation number issued to you, to any third party for any reason, except for the purposes of purchasing technical support, or by the licensor (or its affiliates).

3. Restrictions

·         You are prohibited from copying, modifying, merging, selling, renting, redistributing, assigning, or transferring any of the materials, the SOFTWARE, or any part thereof.

·         You may make a single copy of the materials contained within the package or relating to the SOFTWARE only as necessary for backup purposes.

·         You are prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or attempting to discover the source code of the SOFTWARE. Nor may you modify, alter, adapt, port, or merge the SOFTWARE.

·         You may not remove, alter, deface, overprint or otherwise obscure licensor's patent, trademark, service mark or copyright notices.

·         RECIPIENT will not install the SOFTWARE on a server that can be accessed by the public network (or the Internet).

·         RECIPIENT may not use the copies (“Backup”) (or allow any other person to use such copies) for any purpose other than to replace the original copy should it become defective, damaged, or destroyed.

·         You may not publish or distribute, in any form of electronic or printed communication, the materials contained in or related to the SOFTWARE, including, without limitation, documentation, help files, examples and references.

4. Limits of the Guarantee

The OWNER warrants for its own benefit that: The SOFTWARE, when delivered to you, for a period of thirty (14) days from the date of delivery, will substantially perform the applications described in the attached documentation and provided within of the SOFTWARE, provided that the SOFTWARE is installed on a computer that meets the installation requirements of the SOFTWARE.

5. Warranty Claims

THE OWNER MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR PERSONAL REQUIREMENTS OR THOSE OF YOUR COMPANY. IT DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE. DISTRIBUTORS, AGENTS, OR EMPLOYEES OF THE OWNER ARE NOT AUTHORIZED TO MAKE MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. If the RECIPIENT makes any modification to the SOFTWARE, or part of it during the warranty period; if the discs (CDs) have been subjected to an accident, theft, loss, misuse; or if RECIPIENT breaches any of the terms of this agreement, the warranty set forth herein will terminate immediately. The warranty does not apply if the SOFTWARE is used in conjunction with other equipment or programs, which are different from the unaltered version of such equipment and products, on which the SOFTWARE was designed to function.

6. Limitation of Remedies

Within the term of this warranty described in the Warranty Limits section, the OWNER'S sole obligation shall be (at the OWNER'S sole discretion): Replace or repair the SOFTWARE, and/or components that do not comply with the existing warranty, no fees.

7. Exclusion of Consequences and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS.” THERE ARE NO WARRANTIES UNDER THIS “EULA”, AND THE OWNER DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, OR MAY ONLY APPLY IN PART. IF THE OWNER'S LOCATION LAWS DO NOT APPLY TO THIS AGREEMENT FOR ANY REASON, IN JURISDICTIONS WHERE WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS OF ANY KIND CANNOT BE STATED, ANY REPRESENTATION, WARRANTY, REPRESENTATION AND/OR CONDITION IS: (1) HEREBY LIMITED TO THE PERIOD OF (A) THIRTY (30) DAYS FROM DOWNLOAD OF THE SOFTWARE OR (B) THE SHORTEST PERIOD PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IF THE THIRTY (30) DAY LIMITATION WOULD BE INAPPLICABLE; AND (2) LICENSOR'S SOLE LIABILITY FOR ANY BREACH OF ANY WARRANTY, REPRESENTATION OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE.

 

UNDER NO CIRCUMSTANCES WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS , REGARDLESS OF WHETHER THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND OF ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

THE SOFTWARE AND/OR ANY OTHER TECHNICAL MATERIAL THAT ACCOMPANIES IT ARE TOOLS DESIGNED WITH THE PURPOSE OF BEING USED ONLY BY TRAINED PROFESSIONALS. THESE TOOLS DO NOT REPLACE PROFESSIONAL JUDGMENT. THE OWNER IS NOT RESPONSIBLE IN ANY WAY FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. THE PERSONNEL USING THIS SOFTWARE ARE RESPONSIBLE FOR SUPERVISING, MANAGING AND CONTROLLING THE SOFTWARE. THIS RESPONSIBILITY INCLUDES DETERMINING THE APPROPRIATE USE OF THE SOFTWARE AND THE SELECTION OF RELATED PRODUCTS IN ORDER TO OBTAIN THE DESIRED RESULT. PEOPLE USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING AN INDEPENDENT AND ADEQUATE PROCESS FOR TESTING THE ACCURACY AND FIDELITY OF THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE, INCLUDING ANY ITEMS DESIGNED USING THE SOFTWARE. THE OWNER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. Applicable Law / Limitation of Liability

This “EULA” will be governed by the laws of the United States, excluding its conflicts of law principles. If for any reason the OWNER or RECIPIENT uses legal services for the enforcement of any rights not related to this license agreement, the prevailing party will be entitled to recover the reasonable costs of such services. If in the event, the prevailing party objects to comply with the terms of this agreement and/or the OWNER is liable for damages based on any defect, or the RECIPIENT does not agree with the SOFTWARE, the total liability of each SOFTWARE will not exceed the price paid to the OWNER for such defective SOFTWARE. The United Nations Convention on Contracts for the International Sale of Goods (1980) is entirely excluded from the application of this License.

 

In the event that any provision of this “EULA” is held invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not be affected or impaired in any way and a valid, legal and enforceable provision of Similar intent and economic impact will be replaced accordingly.

9. SOFTWARE Maintenance

OWNER is not obligated to provide any maintenance or updates to CONTAINER. But in the case of providing them, any maintenance or updates provided by the OWNER will also be covered by this license agreement, and the OWNER may establish a reasonable fee for such services or products.

10. This Agreement is the Only

This License Agreement constitutes the sole and exclusive license agreement between the OWNER and the RECIPIENT with respect to the subject matter set forth herein, and supersedes any other prior agreement, whether oral or written, communications or agreements not specifically incorporated herein. This Agreement will not be modified in any way except by written permission signed by an authorized representative of the OWNER.

11. Termination

If RECIPIENT fails to comply with the terms of this license agreement, or a party to this agreement dies, RECIPIENT'S license and this agreement terminate immediately. Upon termination of the license agreement between the OWNER and RECIPIENT: The license granted in this agreement expires and RECIPIENT must discontinue all future use of the SOFTWARE and/or accessories involved; In addition, the RECIPIENT must immediately return to the OWNER all tangible property that represents the owner's intellectual property rights and all copies made, and must delete any related electronic information. Sections 1, 3, 5, 6, 7, 8, 9, 10 and 11 survive any termination of this agreement.

12. This license agreement will also terminate if one of the parties to this agreement dies. See details in section 11.

13. Applications provided by Third Parties

If the SOFTWARE contains any applications provided by any Third Party supplier, such applications are provided as such, without any warranty of any kind on the part of the OWNER and Sections 2, 3, 5, 7, 8-12 of this agreement shall apply. to said applications provided by said suppliers respectively. Such software is distributed pursuant to the respective license grants accompanying such third party software. “Third Party Software” means software created and licensed to you by a company other than InGeomatics, which may be distributed and/or installed together with the SOFTWARE distributed in accordance with this EULA. The foregoing is a limited express use license and not an assignment, sale or other transfer of the Software or any Intellectual Property Rights (as defined in section 3) of Licensor.

By InGeomatics

All rights reserved

Modified on: September 28, 2023

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