By executing this agreement, I acknowledge that I understand and agree to the
terms of the following license agreement:
or Install on a local network, if "Network Installation" version was
purchased.
You may not copy or modify the Licensed Program. Your rights to the Licensed
Program may not be transferred.
3. Proprietary Protection of Licensed Program: Licensor shall
have sole and exclusive ownership of all right, title and interest in and to the
Licensed Program. This agreement does not provide you with the title or
ownership of the Licensed Program, but only a right of limited use.
Licensor claims and reserves all rights and benefits afforded under federal
copyright law in all software programs and user material that constitute the
Licensed Program.
4. Limited Warranty: You will be allowed to return the Licensed
Program to the Licensor within the first 30 days after you recieve it for a full
refund minus shipping and handling fees.
Licensor warrants that the software will substantially conform to the
published specifications and documentation. Although the Licensor has taken
every effort to assure the correctness of the Licensed Program, Licensor cannot
and will not guarantee it is flawless nor is it applicable to all design
situations.
Licensor is not responsible for obsolescence of the Licensed Program that may
result from changes in design codes. Licensor assumes no responsibility for the
use of superseded versions of the Licensed Program.
The Licensed Program is intended for use as a design aid by an experienced,
qualified structural engineer. The responsibilities for modelling the structure,
inputting data to the licensed program and applying engineering judgement to
evaluate output and implementing engineering drawings remain the obligation of
the structural engineer of record. THE LICENSEE, THEREFORE, ASSUMES FULL
LIABILITY FOR THE USE OF THE LICENSED PROGRAM IN CONNECTION WITH ANY
PROJECT.
The cummulative liablity of Licensor to you for all claims related to the
Licensed Program and this Agreement, shall not exceed the total amount of all
license fees paid to Licensor hereunder.
In no event shall Licensor be liable for any loss of profit; any incidental,
special, exemplary, or consequential damages; or any claims or demands brought
against you, even if Licensor has been advised of the possibility of such claims
or demands. This limitation upon damages and claims is intended to apply without
regard to which other provisions of this Agreement have been breached or have
proven ineffective.
5. Term: Your license of the Licensed Program shall become
effective upon delivery of the Licensed Program to you and shall be effective
for one year, unless sooner terminated as provided herein. Upon termination of
this Agreement, all rights granted to you will terminate and revert to
Licensor.
6. Software Maintenance: No software maintenance services are
included in the licensed fee stated in this Agreement.
7. United State Goverment Restricted Rights: The Licensed
Program 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 restrictions as set forth in subdivision (b)(3)(ii) of the Rights in
Technical Data and Computer Software clause at 252.227-7013 of DOD FAR.
8. General: This Agreement shall be governed by and construed
in accordance with the laws of the State of Illinois. Any action relating to
this Agreement must be brought in a state or federal court in Chicago,
Illinois.
In the event that any of the terms of this Agreement is or becomes or is
declared to be invalid or void by any court or tribunal of competent
jurisdiction, such term or terms shall be null and void and shall be deemed
severed from this Agreement, and all the remaining terms of this Agreement shall
remain in full force and effect.
If Licensor seeks judicial enforcement of it rights hereunder, Licensor, if
successful shall be entitled to reasonable attorneys fees and related expenses
of such suit, in addition to other remedies available to Licensor.
9. Non-Illinois Residents:Non-Illinois residents are solely
responsible for payment of any taxes (including sales or use taxes and
intangible taxes) resulting from your acceptance of this license and your
possession and use of the Licensed Program. Licensor reserves the right to have
you pay any such taxes as they fall due to Licensor for remittance to the
appropriate authority. You agree to hold Licensor harmless from claims and
liability arising from your failure to report or pay such
taxes.