SOFTWARE LICENSE AGREEMENT
NOTICE---READ BEFORE USING THIS SOFTWARE
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THIS PACKAGE, USING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The Software Product. The Software Product licensed under this Agreement consists of computer programs, data compilation(s), and documentation referred to as TCAD for .NET Edition(the "Software Product").
The Software Product is licensed (not sold) to you, and HuZhou HongDi science and technology development co.,ltd. Zhejiang, China ("Vendor") owns all copyright, trade secret, patent and other proprietary rights in the Software Product.
1. Evaluation Version License Grant. If You have downloaded or otherwise received an evaluation version of the Software Product, You are authorized to use the Software Product on a royalty-free basis for evaluation purposes during the initial evaluation period of thirty (30) days. During the evaluation period, You may copy the Software Product for archival purposes, provided that any copy must contain the original Software Product's proprietary notices in unaltered form, and You may distribute and/or transmit as many copies to others as You wish. You have the option to register for full use of the Software Product at any time during the evaluation period by following the instructions in the accompanying documentation, including the payment of the required license fee. Your use of the Software Product for any purpose after the expiration of the initial evaluation period is not authorized.
2. Registered Version License Grant For Single Copies (Non-Network Use). If You are a registered user of the Software Product, You are granted non-exclusive rights to install and use the Software Product in accordance with either one of the following authorized uses, but not both: (i) by a single person who uses the Software Product only on one or more computers or workstations, or (ii) as installed on any single computer or workstation, provided the single computer or workstation is used non-simultaneously by multiple persons. You may copy the Software Product for archival purposes, provided that any copy must contain the original Software Product's proprietary notices in unaltered form.
3. Registered Version License Grant For Network Use. If You are a registered user of the Software Product, You are granted non-exclusive rights to install and use the Software Product and/or transmit the Software Product over an internal computer network, provided You acquire and dedicate a licensed copy of the Software Product for each user who may access the Software Product concurrently with any other user. If a copy of the Software Product is used concurrently, then You must have some software mechanism which locks out any concurrent users in excess of the number of licensed copies of the Software Product. You may copy the Software Product for archival purposes, provided that any copy must contain the original Software Product's proprietary notices in unaltered form.
4. Purchase of Additional Licenses. Registered users of the Software Product may purchase license rights for additional authorized use of the Software Product in accordance with Vendor's then-current volume pricing schedule. Such additional licenses shall be governed by the terms and conditions hereof. You agree that, absent Vendor's express written acceptance thereof, the terms and conditions contained in any purchase order or other document issued by You to Vendor for the purchase of additional licenses, shall not be binding on Vendor to the extent that such terms and conditions are additional to or inconsistent with those contained in this Agreement.
You may not transfer the Software Product or any rights under this Agreement without the prior written consent of Vendor, which consent shall not be unreasonably withheld. A condition to any transfer or assignment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall be null and void.
LIMITED SOFTWARE PRODUCT WARRANTY:
Vendor does not warrant the contents of the Software Product or that it will be error free. The Software Product is furnished "AS IS" and without warranty as to the performance or results You may obtain by using the Software Product.The entire risk as to the results and performance of the Software Product is assumed by You.
The warranty provided above is in lieu of all other warranties, and there are no other warranties, representations or guarantees of any kind whatsoever, either express or implied, whether arising by statute, agreement, tort, product liability or otherwise, regarding the Software Product, or any other materials to be supplied by Vendor, including warranties as to merchantability, fitness for purpose, design, condition or quality.
NO CONSEQUENTIAL LOSS:
In no event will Vendor or its third party suppliers be liable to You for lost profits, lost savings or any punitive, exemplary, incidental, consequential or special damages arising out of the possession or use of the Software Product, or any other materials to be supplied hereunder.
LIMITATION OF DAMAGES:
If, despite the foregoing, for any reason Vendor becomes liable to You, Vendor's liability will be limited to the amounts paid by You to Vendor for
those units of Software Product licensed which have given rise to such liability.
You are exclusively responsible for obtaining any approvals, permits, licenses or other permissions necessary for You to export, import, possess, install, use or operate the Software Product in a territory, unless otherwise agreed to in writing by Vendor. This includes, but is not limited to, in the case of telecommunications products, obtaining applicable licenses from any telecommunications agencies, authorities or companies having jurisdiction before installing, interfacing, interconnecting or operating the Software Product.
The Software Product is not specifically designed, manufactured or intended for use as parts, components or assemblies for the planning, construction, maintenance, operation or use of any nuclear facility nor for the flight safety or navigation of aircraft or ground support equipment, nor for use in any medical device or life-sustaining application. If You are using the Software Product for these applications You agree that, the Vendor is not liable, in whole or in part, for any claims or damages arising from such use and You agree to indemnify and hold Vendor harmless from any claims for lost, cost, damage, expense or liability arising out of or in connection with the use and performance of the Software Product in such excluded applications.
This Agreement constitutes the entire Agreement between the parties as to the subject matter hereof, and supersedes and replaces all prior or
contemporaneous agreements, written or oral, regarding such subject matter, and shall take precedence over any additional or conflicting terms which may be contained in Your purchase orders or Vendor's acknowledgement thereof.
Copyright (c) 2005 HuZhou HongDi science and technology development co.,ltd.
All Rights Reserved.