T-FLEX CAD Student Edition Software License Agreement
AS DESCRIBED BELOW, THIS AGREEMENT DOES NOT GRANT YOU THE RIGHT TO USE THE PRODUCT FOR ANY COMMERCIAL PURPOSE.
- NOTICE. WE ARE WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLATION OF THE SOFTWARE. BY INSTALLING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT INSTALL THE SOFTWARE.
- Ownership and License. This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software and the intellectual property and technology contained in this package, all related documentation and all other copies that you are authorized by this agreement to make (the "Software"). And the Software as supplied by Top Systems and its licensors ("Top Systems") is licensed, not sold, to you. Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under International Copyright law, U. S. Copyright law or any other country, federal, or state law. You acknowledge Siemens PLM Software' proprietary rights and trade secrets contained in portions of the software (Parasolid) and an obligation to use reasonable care in maintaining their confidentiality.
- Permitted and Prohibited Uses.
- Right to Install and Use. You may install and use the Software on the hard disk drive of any number of compatible computers that you own.
- NO COMMERCIAL USE. You may not use the software for commercial purposes. Some purposes which can be non-commercial are teaching, academic research, public demonstrations and personal experimentation.
- You may not use or distribute this Software or any derivative works in any form for commercial purposes.
- You may not use, copy, modify, merge, or transfer copies of the Software (or documentation) except as provided in this Agreement;
- You may not disassemble, decompile or "unlock", reverse translate, reverse engineer, or in any manner decode the Software;
- You may not sublicense, lease, or rent the Software.
- No Technical Support. We have no duty of reasonable care or lack of negligence, and we are not obligated to (and will not) provide technical support for the Software.
- WARRANTY DISCLAIMER. THE SOFTWARE COMES "AS IS", WITH NO WARRANTIES. THIS MEANS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS SOFTWARE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
- LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- United States Government Restricted Rights. The enclosed Software and documentation are provided with Restricted Rights. Use, duplication or disclosure by the U. S. Government or any agency or instrumentality thereof is subject to restriction as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 C F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable.
- Export Controls. You agree that you will not directly or indirectly transfer the Software or documentation to any country or to any end user to which such transfer would be prohibited by the export control laws of US and UK.
- Termination. This license and your right to use this Software automatically terminate if you fail to comply with any provisions of this Agreement, destroy the copies of the Software in your possession, or voluntarily return the Software to us. Upon termination you will destroy all copies of the Software and documentation. Otherwise, the restrictions on your rights to use the Software will expire upon expiration of the copyright to the Software.
- Miscellaneous Provisions. This Agreement is governed by the internal substantive laws of the Russian Federation (and not by the 1980 United Nations Convention on contracts for the international sale of goods, as amended). This is the entire agreement between us relating to the contents of this package, and supersedes any prior purchase order, communications, advertising or representations concerning the contents of this package. No change or modification of this Agreement will be valid unless it is in writing and is signed by us.
If you have any questions about this Agreement, write to us at: Top Systems, Ltd., Vadkovsky Per. 1, Moscow 127055, Russia