End User Licence Agreement
"End user licence agreement" (or, more commonly, the abbreviation "EULA"), is the most widely used term to describe this kind of contract between the licensor of a software product and the licensee.
Cadlogic Software Licence
- Grant of Licence. Cadlogic grants you, the LICENSEE, the right to use one copy of the enclosed Cadlogic software program (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, DR-ROM, or other storage device) of that computer.
- Ownership of Software. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but an express condition of the licence is that Cadlogic retain the title and ownership of the SOFTWARE recorded on the original disk copy(ies) and subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. The Licence is not a sale of the original SOFTWARE or any copy.
- The SOFTWARE is owned by Cadlogic and is protected by copyright laws, international treaty provisions, and all other applicable national laws. Therefore, you must treat the SOFTWARE like any other copyrighted material except that if the SOFTWARE is not copy protected you may make on (1) copy of the SOFTWARE solely for backup or archival purposes. You may not copy the product manual(s) or written materials accompanying the SOFTWARE.
- This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of Cadlogic. Any authorised transferee of the SOFTWARE shall be bound by the terms and conditions of this Licence and Limited Warranty. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein. You may not reverse engineer, decompile or disassemble the SOFTWARE.
Limited Warranty and Disclaimer of Warranty
The SOFTWARE and accompanying, written, materials (including instructions for use) are provided "AS IS" without warranty of any kind. Further, Cadlogic does not warrant, guarantee or make any representations regarding the use, or the result of use, of the SOFTWARE or written materials in terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by you. If the SOFTWARE or written materials are defective, you the Licensee, and not Cadlogic or its dealers, distributors, agents or employees, assume the entire cost of all necessary servicing, repair or correction.
Cadlogic warrants to the original Licensee that the disk(s) on which the SOFTWARE is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety days from the date of delivery as evidenced by a copy of the receipt.
Cadlogic's entire liability and your exclusive remedy shall be, at Cadlogic's option either (a) return of the purchase price or (b) replacement of the disk which does not meet the Cadlogic's Limited Warranty and is returned to Cadlogic postage paid with a copy of the receipt. If failure of the disk has resulted from accident, abuse, or misapplication, Cadlogic shall have no responsibility to replace the disk or refund the purchase price. In the event of replacement of a disk, the replacement disk will be warranted for the remainder of the original warranty period or thirty (30) days whichever is the longer.
The above is the only warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose that is made by Cadlogic on this Cadlogic's product. No oral or written information or advice given by Cadlogic, its dealers, distributors, agents, or employees, shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice. This warranty shall only be effective if the registration card is signed by the Licensee and returned to Cadlogic.
Neither Cadlogic nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such product even if Cadlogic has been advised of the possibility of such damages.
Acknowledgement
You acknowledge that you have read this Licence and Limited Warranty, understand them, and agree to be bound by their terms and conditions. You also agree that the Licence and Limited Warranty are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the Licence or the Limited Warranty.