Miracad Software License Agreement
This is a legal agreement ("This Agreement") between Miracad ("Miracad") and the licensee ("the Licensee"). Miracad licenses the Miracad Software ("the Software") only if all the following terms are accepted by the Licensee. The Software includes the Miracad code executable and any files and documents associated with it.
By installing the Software, the Licensee is indicating that he/she has read and understands this Agreement and agrees to be bound by its terms and conditions. If this Agreement is unacceptable to the Licensee, the Licensee must destroy any copies of the Software in the Licensee's possession immediately.
If licensee is unwilling to accept this agreement, do not select the “I accept the terms in the license agreement” button. Within thirty (30) days from the date of acquiring the Miracad Software, licensee may return the Miracad Software to the entity from which they were acquired for a refund of the applicable license fees paid by the licensee.
1. License Conditions
The Licensee is granted a nonexclusive, nonsublicensable, nontransferable, limited license to Install one copy of the Software and use it as an application. The Licensee may not disassemble, reverse engineer, decompile, or otherwise attempt to derive the source code of the Software.
No claims whatsoever can be made on Miracad based on any expectation about the Software.
Licensee may not utilize any equipment, software, device, or other means to circumvent or remove any form of technical protection used by Miracad, or remove any usage restrictions, or to enable functionality disabled by Miracad
Miracad retain title to and ownership of, and all other rights with respect to, the Miracad Software and all copies thereof, including any related copyrights, trade secrets, patents, trademarks and other intellectual property rights. Licensee has only the limited licenses granted with respect to the Licensed Software expressly set forth in this Agreement
2. Term, Termination and survival
If the Licensee fails to comply with any term of this Agreement, this Agreement is terminated and the Licensee has no further right to use the Software.
Upon termination or expiration of this Agreement, the licenses granted hereunder will terminate. Upon termination or expiration of any license granted to Licensee, Licensee must cease all use of Miracad Software to which such license applies
On termination, the Licensee shall have no claim on or arising from the Software. The Software and any copies shall be destroyed.
Licensee acknowledges and agrees that Miracad may assign or sub-contract any of its rights or obligations under this Agreement.
Accessing services may cause Licensee’s Computer, without additional notice, to connect automatically to the Internet and to communicate with an Miracad, to validate that the Licensed Software are being used as permitted under this Agreement.
4. No Warranty
The Software is licensed to the Licensee on an "AS IS" basis. The Licensee is solely responsible for determining the suitability of the Software and accepts full responsibility and risks associated with the use of the Software.
5. Functionality Limitations
The Licensed Software are commercial professional tools intended to be used by trained professionals only. The Licensed Software are intended only to assist Licensee with its design, simulation and are not a substitute for Licensee’s own independent design, simulation. Miracad will not be liable in any manner whatsoever for the results obtained through use of the Licensed Software.
Persons using the Licensed Software are responsible for the management, and control of the Licensed Software and the results of using the Licensed Software. Licensee further acknowledges and agrees that the Licensed Software provided by Miracad may not achieve the results Licensee desires within Licensee’s design, simulation.
Miracad does not warrant: that errors will be corrected by Miracad; or that Miracad will resolve any particular support request or that such resolution will meet licensee’s requirements or expectations. nothing in the foregoing restricts the effect of warranties or conditions which may be implied by law which cannot be excluded, restricted or modified notwithstanding a contractual restriction to the contrary.
6. Limitation of liability
In no event will Miracad be liable for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Agreement.
IN NO EVENT WILL MIRACAD HAVE ANY LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE, REVENUE, OR DATA; OR FOR BUSINESS INTERRUPTION. IN ADDITION, THE LIABILITY OF MIRACAD ARISING OUT OF OR RELATING TO ANY MIRACAD MATERIALS, RELATIONSHIP WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY LICENSEE FOR SUCH MIRACAD MATERIALS.
This agreement is made and shall be construed in accordance with the laws of Russian Federation.