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authortnn <tnn>2017-04-26 21:29:16 +0000
committertnn <tnn>2017-04-26 21:29:16 +0000
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parentcdc8239be1df7e699b704d37de5e6d63d527b800 (diff)
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+http://download.autodesk.com/us/FY18/Suites/LSA/en-US/lsa.html
+
+Autodesk
+
+LICENSE AND SERVICES AGREEMENT
+
+READ CAREFULLY: AUTODESK LICENSES THE SOFTWARE AND OTHER LICENSED MATERIALS
+ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED OR
+REFERENCED IN THIS AGREEMENT.
+
+By selecting the ?I accept? button or other button or mechanism designed to
+acknowledge agreement to the terms of an electronic copy of this Agreement, or
+by installing, downloading, accessing, or otherwise copying or using all or any
+portion of the Autodesk Materials, (i) you accept this Agreement on behalf of
+the entity for which you are authorized to act (e.g., an employer) and
+acknowledge that such entity is legally bound by this Agreement (and you agree
+to act in a manner consistent with this Agreement) or, if there is no such
+entity for which you are authorized to act, you accept this Agreement on behalf
+of yourself as an individual and acknowledge that you are legally bound by this
+Agreement, and (ii) you represent and warrant that you have the right, power
+and authority to act on behalf of and bind such entity (if any) or yourself.
+You may not accept this Agreement on behalf of another entity unless you are an
+employee or other agent of such other entity with the right, power and
+authority to act on behalf of such other entity.
+
+If Licensee is unwilling to accept this Agreement, or you do not have the
+right, power and authority to act on behalf of and bind such entity or yourself
+as an individual (if there is no such entity), (a) DO NOT SELECT THE ?I ACCEPT?
+BUTTON OR OTHERWISE CLICK ON ANY BUTTON OR OTHER MECHANISM DESIGNED TO
+ACKNOWLEDGE AGREEMENT, AND DO NOT INSTALL, DOWNLOAD, ACCESS, OR OTHERWISE COPY
+OR USE ALL OR ANY PORTION OF THE AUTODESK MATERIALS; AND (b) WITHIN THIRTY (30)
+DAYS FROM THE DATE OF ACQUIRING THE AUTODESK MATERIALS, LICENSEE MAY RETURN THE
+AUTODESK MATERIALS (INCLUDING ANY COPIES) TO THE ENTITY FROM WHICH THEY WERE
+ACQUIRED FOR A REFUND OF THE APPLICABLE LICENSE FEES PAID BY THE LICENSEE.
+
+The words ?Autodesk", ?Agreement? and ?Licensee? and other capitalized terms
+used in this Agreement are defined terms. The definitions can be found in
+Exhibit A (if the terms are not defined in the main body of the Agreement).
+
+1. License
+
+1.1 License Grant. Subject to and conditioned on Licensee?s continuous
+compliance with this Agreement and payment of the applicable fees, Autodesk
+grants Licensee a nonexclusive, nonsublicensable, nontransferable, limited
+license to Install and Access the Licensed Materials, in each case solely (a)
+in the Territory, (b) within the scope of the License Type and Permitted Number
+specified in the applicable License Identification, and (c) in accordance with
+the other terms of this Agreement. Various License Types are described in
+Exhibit B. In any case where the License Identification does not specify a
+License Type or Permitted Number, or there is no License Identification, the
+License Type will, by default, be the Evaluation License and the Permitted
+Number will, by default, be one (1).
+
+1.2 Upgrades and Previous Versions.
+
+1.2.1 Effect of Upgrades. If Autodesk or a Reseller provides Licensee with an
+Upgrade to other Licensed Materials previously licensed to Licensee, the
+Licensed Materials previously licensed to Licensee and any other Autodesk
+Materials relating thereto will thereafter be deemed to be a ?Previous
+Version.? Except as set forth in Section 1.2.2 (Exception for Relationship
+Program Licensees), the license grant and other rights with respect to any
+Previous Version will terminate one hundred twenty (120) days after
+Installation of the Upgrade. Within such one hundred twenty (120) day period,
+except as set forth in Section 1.2.2 (Exception for Relationship Program
+Licensees), (a) Licensee must cease all use of any Previous Version and
+Uninstall all copies of the Previous Version, and (b) upon expiration of such
+period, such Previous Version will no longer constitute Licensed Materials but
+rather will be deemed to be Excluded Materials and Licensee will no longer have
+a license for any such Previous Version. At Autodesk?s request, Licensee agrees
+to destroy or return to Autodesk or the Reseller from which they were acquired
+all copies of the Previous Version. Autodesk reserves the right to require
+Licensee to show satisfactory proof that all copies of any Previous Version
+have been Uninstalled and, if so requested by Autodesk, destroyed or returned
+to Autodesk or the Reseller from which they were acquired.
+
+1.2.2 Exception for Relationship Program Licensees. The termination of rights
+as to Previous Versions described in Section 1.2.1 (Effect of Upgrades) may not
+apply to Licensee if and to the extent (a) Licensee participates in a
+Relationship Program and the Relationship Program Terms authorize Licensee to
+retain such Previous Versions or (b) otherwise authorized in writing by
+Autodesk.
+
+1.3 Additional Terms. The Licensed Materials (or portions thereof) may be
+subject to terms (e.g., terms accompanying such Licensed Materials or made
+available in connection with ordering, installing, downloading, accessing,
+using or copying such Licensed Materials) that are in addition to or different
+from the terms set forth in this Agreement, and Licensee agrees to comply with
+such terms.
+
+1.4 Other Materials. If Autodesk provides or makes available to Licensee any
+additional materials associated with the Licensed Materials, including any
+corrections, patches, service packs, updates or upgrades to, or new versions
+of, the Licensed Materials (including Upgrades) or any Supplemental Materials
+or User Documentation for the Licensed Materials, (a) such additional materials
+may include or be subject to other terms in addition to or different from the
+terms set forth in this Agreement (including, without limitation, additional or
+different fees, license terms, or restrictions on use), and Licensee agrees to
+comply with such terms, or (b) if there are no other terms for such additional
+materials, they will (except as otherwise provided by Section 1.2 (Upgrades and
+Previous Versions)) be subject to the same terms (including, without
+limitation, the licenses, applicable License Type and Permitted Number, and
+other terms of this Agreement) as the Licensed Materials to which such
+additional materials apply. In no event will the foregoing result in any rights
+with respect to Excluded Materials.
+
+1.5 Authorized Users. Licensee may permit the Licensed Materials to be
+Installed and/or Accessed only by Licensee?s Personnel (except as otherwise
+designated in the applicable License Type), and any such Installation or Access
+will be subject to any other requirements imposed by this Agreement and the
+applicable License Type and Permitted Number. Licensee will be responsible for
+compliance with this Agreement by Licensee?s Personnel and any other persons
+who may have Access to the Autodesk Materials through Licensee (whether or not
+such Access is authorized by Autodesk or within the scope of the applicable
+License Type and Permitted Number).
+
+1.6 Third-Party Licensed Materials. The Autodesk Materials may contain or be
+accompanied by third-party software, data or other materials that are subject
+to and provided in accordance with terms that are in addition to or different
+from the terms set forth in this Agreement. Such terms may be included or
+referenced in or with such third-party software, data or other materials (e.g.,
+in the ?About box?) or a web page specified by Autodesk (the URL for which may
+be obtained on Autodesk?s website or on request to Autodesk). Licensee agrees
+to comply with such terms. In addition, Licensee will take sole responsibility
+for obtaining and complying with any licenses that may be necessary to use
+third-party software, data or other materials that Licensee uses or obtains for
+use in conjunction with the Licensed Materials. Licensee acknowledges and
+agrees that Autodesk has no responsibility for, and makes no representations or
+warranties regarding, such third-party software, data or other materials or
+Licensee?s use of such third-party software, data or other materials.
+
+1.7 Relationship Programs. Autodesk may offer to Licensee, and (if so) Licensee
+may participate in one (1) or more Relationship Programs applicable to the
+Licensed Materials licensed to Licensee under this Agreement (and such
+Relationship Programs may include rights in addition to or different from those
+set forth in this Agreement). Any Relationship Programs are subject to
+Autodesk?s terms therefor, which terms are set forth in the applicable
+Relationship Program Terms. Licensee agrees that if it requests, accepts, or
+makes use of any Relationship Program, Licensee will be bound by such terms, as
+they may be modified from time to time in accordance with the applicable
+Relationship Program Terms (and such terms, as so modified from time to time,
+are a part of and incorporated by reference into this Agreement), and Licensee
+agrees to comply with such terms. Licensee acknowledges that Autodesk may
+require a further acceptance of such terms as a condition to participation in a
+Relationship Program.
+
+1.8 Services. Autodesk may provide, and Licensee may elect to receive or
+benefit from, certain Services from time to time. Any Services are subject to
+Autodesk?s terms therefor, which terms are set forth in the applicable Services
+Terms. Licensee agrees that if it requests, accepts, or makes use of any
+Services, Licensee will be bound by such terms, as they may be modified from
+time to time in accordance with the applicable Services Terms (and such terms,
+as so modified from time to time, are a part of and incorporated by reference
+into this Agreement), and Licensee agrees to comply with such terms. Licensee
+acknowledges that Autodesk may require a further acceptance of such terms as a
+condition to providing Services.
+
+1.9 Archival Copy. Licensee?s license under Section 1.1 (License Grant)
+includes the right to make a single archival copy of the Licensed Materials in
+the Territory, provided that (a) the single-copy limitation will not apply to
+copies made as an incidental part of a routine backup of Licensee?s entire
+computer system on which the Licensed Materials are Installed in accordance
+with this Agreement, where such backup includes the making of copies of
+substantially all other software on such computer system and (b) any archival
+copy may be Accessed or Installed (other than on a backup storage medium from
+which the Licensed Materials cannot be Accessed) only when and for so long as
+the primary copy of the Licensed Materials is inaccessible and inoperable.
+Copies of the Licensed Materials that are Installed and are in excess of the
+Permitted Number at any time while the primary copy of the Licensed Materials
+is also Accessible are not "archival copies" as permitted under this Section
+1.9 (Archival Copy).
+
+1.10 Nature of Licenses. Licensee acknowledges and agrees that when Licensee
+acquires a license of Licensed Materials, (including through a Relationship
+Program or Services), Licensee?s acquisition is neither contingent on the
+delivery of any future features or functionality nor subject to any public or
+other comments (oral, written or otherwise) made by Autodesk regarding future
+features or functionality.
+
+1.11 APIs. Licensee acknowledges and agrees that any API Information and
+Development Materials (unless otherwise specified by Autodesk in additional or
+different terms associated with such API Information or Development Materials)
+(a) are confidential and proprietary to Autodesk, (b) may not be distributed,
+disclosed or otherwise provided to third parties, (c) may be used only
+internally and only in conjunction with and for Licensee?s own authorized
+internal use of the Licensed Materials to which the API Information or
+Development Materials relate, such as the development and support of
+applications, modules and components to operate on or with such Licensed
+Materials, and (d) may only be Installed on the same Computer(s) where such
+Licensed Materials are permitted to be Installed. Notwithstanding the foregoing
+or Section 3 (All Rights Reserved), if Licensee develops any such applications,
+modules and components in accordance with this Agreement, nothing in this
+Agreement will prohibit Licensee from using such applications, modules and
+components with (and porting such applications, modules and components to)
+other software and hardware (including the software and hardware of third
+parties), if such applications, modules and components (i) do not incorporate
+or embody any Development Materials or other Autodesk Materials (other than the
+API Information that was used in the development thereof in accordance with
+this Agreement) and (ii) do not disclose the API Information. For purposes of
+this Section 1.11 (APIs), (A) ?API Information? means the standard applications
+programming interface (?API?) information generally provided by Autodesk to
+licensees of the Licensed Materials that specifies the requirements for
+interfacing to (e.g., invoking or directing the functions of) the software
+included in such Licensed Materials; and (B) ?Development Materials? means SDKs
+and other toolkits, libraries, scripts, reference or sample code, and similar
+developer materials included in the Licensed Materials. API Information does
+not include any implementation of such interface information, any Development
+Materials, or any other software, module or component.
+
+2. License Limitations; Prohibitions
+
+2.1 Limitations and Exclusions.
+
+2.1.1 No License Granted; Unauthorized Activities. The parties acknowledge and
+agree that, notwithstanding anything to the contrary in this Agreement, no
+license is granted (whether expressly, by implication or otherwise) under this
+Agreement (and this Agreement expressly excludes any right) (a) to Excluded
+Materials, (b) to any Autodesk Materials that Licensee did not acquire lawfully
+or that Licensee acquired in violation of or in a manner inconsistent with this
+Agreement, (c) for Installation of or Access to the Licensed Materials beyond
+the applicable license term (whether a fixed term or Relationship Program
+period or term) or outside the scope of the applicable License Type or
+Permitted Number, (d) for Installation of the Licensed Materials on any
+Computer other than a Computer owned or leased, and controlled, by Licensee,
+unless otherwise authorized in writing by Autodesk, (e) to distribute, rent,
+loan, lease, sell, sublicense, transfer or otherwise provide all or any portion
+of the Autodesk Materials to any person or entity except as expressly set forth
+in this Agreement or as expressly authorized in writing by Autodesk, (f) to
+provide or make available any features or functionality of the Autodesk
+Materials to any person or entity (other than to and for Licensee itself for
+the purpose specified in the applicable License Type), whether or not over a
+network and whether or not on a hosted basis, (g) except as otherwise expressly
+provided with respect to a specific License Type, to Install or Access or allow
+the Installation of or Access to the Autodesk Materials over the Internet or
+other non-local network, including, without limitation, use in connection with
+a wide area network (WAN), virtual private network (VPN), virtualization, Web
+hosting, time-sharing, service bureau, software as a service, cloud or other
+service or technology, (h) to remove, alter or obscure any proprietary notices,
+labels or marks in the Autodesk Materials, (i) to decompile, disassemble or
+otherwise reverse engineer the Autodesk Materials, or (j) to translate, adapt,
+arrange, or create derivative works based on, or otherwise modify the Autodesk
+Materials for any purpose.
+
+2.1.2 Licensed Materials as a Single Product. The Licensed Materials are
+licensed to Licensee as a single product and the applicable components may not
+be separated for Installation or Access (and all such components must be
+Installed and Accessed on the same Computer except as authorized in writing by
+Autodesk).
+
+2.1.3 Territory. Except as otherwise authorized in writing by Autodesk, the
+licenses granted in this Agreement are granted only for the Territory. Nothing
+in this Agreement permits Licensee (including, without limitation, Licensee?s
+Personnel, if any) to Install or Access the Licensed Materials outside of the
+Territory.
+
+2.1.4 Effect of Unauthorized Use. Licensee will not engage in, and will not
+permit or assist any third party to engage in any of the uses or activities
+prohibited (or any uses or activities inconsistent with the limitations
+described) in this Section 2.1 (Limitations and Exclusions) (collectively,
+?Unauthorized Uses?). Any such Unauthorized Use, and any Installation of or
+Access to the Licensed Materials provided under this Agreement, outside of the
+scope of the applicable license grants (including, without limitation, outside
+the applicable License Type and/or Permitted Number) or otherwise not in
+accordance with this Agreement, constitute or result in infringement of
+Autodesk?s intellectual property rights as well as a breach of this Agreement.
+Licensee will notify Autodesk promptly of any such Unauthorized Uses or other
+unauthorized Installation or Access.
+
+2.2 Circumvention.
+
+2.2.1 Licensee may not (i) utilize any equipment, device, software, or other
+means to (or designed to) circumvent or remove any form of technical protection
+used by Autodesk in connection with the Autodesk Materials, or (ii) Install or
+Access the Autodesk Materials with any product code, authorization code, serial
+number, or other copy-protection device not supplied by Autodesk directly or
+through a Reseller. Without limitation of the generality of the foregoing,
+Licensee may not utilize any equipment, device, software, or other means to (or
+designed to) circumvent or remove the Autodesk License Manager or any tool or
+technical protection measure provided or made available by Autodesk for
+managing, monitoring or controlling Installation of or Access to Autodesk
+Materials.
+
+2.2.2 Licensee may not utilize any equipment, device, software, or other means
+to (or designed to) circumvent or remove any usage restrictions, or to enable
+functionality disabled by Autodesk, in connection with the Excluded Materials.
+Licensee may not bypass or delete any functionality or technical limitations of
+the Autodesk Materials that (or that are designed to) prevent or inhibit the
+unauthorized copying of, Installation or Access to the Excluded Materials.
+
+3. All Rights Reserved
+
+Autodesk and its licensors retain title to and ownership of, and all other
+rights with respect to, the Autodesk Materials and all copies thereof,
+including, without limitation, any related copyrights, trademarks, trade
+secrets, patents, and other intellectual property rights. Licensee has only the
+limited licenses granted with respect to the Licensed Materials expressly set
+forth in this Agreement, and Licensee has no other rights, implied or
+otherwise. Licensee acknowledges and agrees that the Autodesk Materials are
+licensed, not sold, and that rights to Install and Access the Licensed
+Materials are acquired only under the license from Autodesk. The structure and
+organization of Software included in the Autodesk Materials, any source code or
+similar materials relating to such Software, any API Information and
+Development Materials (both as described in Section 1.11 (APIs)), and any other
+Licensed Materials identified as confidential or proprietary are valuable trade
+secrets of, and confidential and proprietary information of, Autodesk and its
+suppliers, and (a) may not be distributed, disclosed or otherwise provided to
+third parties, and (b) may be used only internally and only in conjunction with
+and for Licensee?s own authorized internal use of the Licensed Materials.
+
+4. Privacy; Use of Information; Connectivity
+
+4.1 Privacy and Use of Information. Licensee acknowledges and agrees that
+Licensee (and third parties acting on Licensee?s behalf) may provide, and
+Autodesk and its Resellers (and third parties acting on behalf of Autodesk and
+its Resellers) may obtain, certain information and data with respect to
+Licensee (including, without limitation, personal information) and Licensee?s
+business in connection with this Agreement, including, without limitation,
+information and data provided to or obtained by Autodesk and its Resellers (or
+third parties acting on behalf of Autodesk and its Resellers) through the
+Customer Information Form and otherwise, in connection with ordering,
+registration, activation, updating, validating entitlement to, auditing,
+monitoring Installation of and Access to Autodesk Materials, Relationship
+Programs and Services and managing the relationship with Licensee. Licensee
+hereby consents to Autodesk maintaining, using, storing and disclosing such
+information and data (including, without limitation, personal information, if
+any) in conformity with Autodesk?s policies on privacy and data protection, as
+such policies may be updated from time to time, including without limitation
+Autodesk?s Privacy Statement, as currently located at http://usa.autodesk.com/
+privacy/. Without limitation of the generality of the foregoing, Licensee
+acknowledges and agrees that: (a) Autodesk may from time to time prompt
+Licensee (and third parties acting on Licensee?s behalf) to provide express
+agreement to the terms of Autodesk?s Privacy Statement and/or express agreement
+to specific uses of information and data (including, without limitation,
+personal information); (b) Autodesk may provide information and data,
+including, without limitation, information and data about Licensee?s use of
+Autodesk Materials, Relationship Programs, and Licensee?s support requests, to
+Autodesk subsidiaries and affiliates, Resellers and other third parties in
+connection with the provision, maintenance, administration or usage of Licensed
+Materials, Relationship Programs or Services or in connection with enforcement
+of any agreements relating to Licensed Materials, Relationship Programs or
+Services; and (c) Autodesk may make cross-border transfers of such information
+and data, including to jurisdictions with privacy or data protection laws that
+are less protective of Licensee than the jurisdiction in which Licensee is
+domiciled. Licensee acknowledges and agrees that such policies may be changed
+from time to time by Autodesk and that, effective upon posting on Autodesk?s
+website or other written notice from Autodesk, Licensee will be subject to such
+changes.
+
+4.2 Connectivity. Certain Licensed Materials may facilitate or require
+Licensee?s access to and use of content and services that are hosted on
+websites maintained by Autodesk or by third parties. In some cases, such
+content and services may appear to be a feature or function within, or
+extension of, the Licensed Materials on Licensee?s Computer even though hosted
+on such websites. Accessing such content or services and use of Licensed
+Materials may cause Licensee?s Computer, without additional notice, to connect
+automatically to the Internet (transitorily, intermittently or on a regular
+basis) and to communicate with an Autodesk or third-party website?for example,
+for purposes of providing Licensee with additional information, features and
+functionality or to validate that the Licensed Materials and/or content or
+services are being used as permitted under this Agreement or other applicable
+terms. Such connectivity to Autodesk websites is governed by Autodesk?s
+policies on privacy and data protection described in this Section 4 (Privacy;
+Use of Information; Connectivity). Such connectivity to websites of third
+parties is governed by the terms (including the disclaimers and notices) found
+on such sites or otherwise associated with the third-party content or services.
+Autodesk does not control, endorse, or accept responsibility for any such
+third-party content or services, and any dealings between Licensee and any
+third party in connection with such content or services, including, without
+limitation, such third party?s privacy policies, use of personal information,
+delivery of and payment for goods and services, and any other terms associated
+with such dealings, are solely between Licensee and such third party. Autodesk
+may at any time, for any reason, modify or discontinue the availability of any
+third-party content or services. Access to and use of certain content and
+services (whether of Autodesk or third parties) may require assent to separate
+terms and/or payment of additional fees.
+
+5. Limited Warranty and Disclaimers
+
+5.1 Limited Warranty. Autodesk warrants that, as of the date on which the
+Licensed Materials are delivered to Licensee and for ninety (90) days
+thereafter or if the license term is shorter, such shorter period (?Warranty
+Period?), the Licensed Materials will provide the general features and
+functions described in the User Documentation portion of the Licensed
+Materials. Autodesk's entire liability and Licensee?s exclusive remedy during
+the Warranty Period (?Limited Warranty?) will be, with the exception of any
+statutory warranty or remedy that cannot be excluded or limited under law, at
+Autodesk's option, (i) to attempt to correct or work around errors, if any, or
+(ii) to refund the license fees, if any, paid by Licensee and terminate this
+Agreement or the license specific to such Licensed Materials. Such refund is
+subject to the return, during the Warranty Period, of the Autodesk Materials,
+with a copy of Licensee?s License Identification, to Licensee?s local Autodesk
+office or the Reseller from which Licensee acquired the Autodesk Materials. THE
+LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES LICENSEE SPECIFIC LEGAL
+RIGHTS. LICENSEE MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM
+JURISDICTION TO JURISDICTION. AUTODESK DOES NOT SEEK TO LIMIT LICENSEE?S
+WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
+
+5.2 Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 5.1
+(LIMITED WARRANTY), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
+AUTODESK AND ITS SUPPLIERS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES,
+REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING,
+WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
+PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR WARRANTIES OTHERWISE IMPLIED BY
+STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO ANY
+AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR SERVICES (PURSUANT TO A
+RELATIONSHIP PROGRAM OR OTHERWISE). ANY STATEMENTS OR REPRESENTATIONS ABOUT THE
+AUTODESK MATERIALS, RELATIONSHIP PROGRAMS OR SERVICES AND THEIR FEATURES OR
+FUNCTIONALITY IN THE LICENSED MATERIALS OR ANY COMMUNICATION WITH LICENSEE ARE
+FOR INFORMATION PURPOSES ONLY, AND DO NOT CONSTITUTE A WARRANTY,
+REPRESENTATION, OR CONDITION. WITHOUT LIMITING THE FOREGOING, AUTODESK DOES NOT
+WARRANT: (a) THAT THE OPERATION OR OUTPUT OF THE LICENSED MATERIALS OR SERVICES
+WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE,
+WHETHER OR NOT UNDER A RELATIONSHIP PROGRAM OR SUPPORT BY AUTODESK OR ANY THIRD
+PARTY; (b) THAT ERRORS WILL BE CORRECTED BY AUTODESK OR ANY THIRD PARTY; OR (c)
+THAT AUTODESK OR ANY THIRD PARTY 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. Warnings
+
+6.1 Functionality Limitations. The Licensed Materials and Services (except for
+Licensed Materials designed for non-commercial use, such as Autodesk Materials
+designed to be used for household or other consumer purposes or licensed only
+for purposes of educational or individual learning) are commercial professional
+tools intended to be used by trained professionals only. Particularly in the
+case of commercial professional use, the Licensed Materials and Services are
+not a substitute for Licensee?s professional judgment or independent testing.
+The Licensed Materials and Services are intended only to assist Licensee with
+its design, analysis, simulation, estimation, testing and/or other activities
+and are not a substitute for Licensee?s own independent design, analysis,
+simulation, estimation, testing, and/or other activities, including those with
+respect to product stress, safety and utility. Due to the large variety of
+potential applications for the Licensed Materials and Services, the Licensed
+Materials and Services have not been tested in all situations under which they
+may be used. Autodesk will not be liable in any manner whatsoever for the
+results obtained through use of the Licensed Materials or Services. Persons
+using the Licensed Materials or Services are responsible for the supervision,
+management, and control of the Licensed Materials and Services and the results
+of using the Licensed Materials and Services. This responsibility includes,
+without limitation, the determination of appropriate uses for the Licensed
+Materials and Services and the selection of the Licensed Materials, Services
+and other computer programs and materials to help achieve intended results.
+Persons using the Licensed Materials or Services are also responsible for
+establishing the adequacy of independent procedures for testing the
+reliability, accuracy, completeness, and other characteristics of any output of
+the Licensed Materials or Services, including, without limitation, all items
+designed with the assistance of the Licensed Materials or Services. Licensee
+further acknowledges and agrees that the Licensed Materials form part of
+Licensee?s total unique hardware and software environment to deliver specific
+functionality, and that the Licensed Materials and Services provided by
+Autodesk may not achieve the results Licensee desires within Licensee?s design,
+analysis, simulation, estimation, and/or testing constraints.
+
+6.2 Activation Codes and Security.
+
+6.2.1 Activation Code Required for Installation/Access and Continued Use.
+Installation of and Access to the Licensed Materials require, and the continued
+use thereof may from time to time require, activation codes issued by Autodesk.
+Registration may be required before an activation code is issued by Autodesk.
+Licensee will provide Autodesk and its Reseller with any information required
+for such registration and agrees that any information provided to Autodesk or
+its Reseller will be accurate and current. Licensee will also maintain and
+update Licensee?s registration information, on an ongoing basis, through
+customer data registration processes, including without limitation the Customer
+Information Form, which may be provided by Autodesk. Licensee acknowledges and
+agrees that Autodesk may use such information in accordance with its Privacy
+Statement (as described or referenced in Section 4 (Privacy; Use of
+Information; Connectivity)).
+
+6.2.2 Disabling Access. LICENSEE ACKNOWLEDGES AND AGREES THAT INSTALLATION OF
+AND ACCESS TO LICENSED MATERIALS MAY BE DISABLED BY THE ACTIVATION, SECURITY,
+AND TECHNICAL PROTECTION MECHANISMS IF LICENSEE TRIES TO TRANSFER ALL OR A PART
+OF THE LICENSED MATERIALS TO ANOTHER COMPUTER, IF LICENSEE TAMPERS WITH THE
+TECHNICAL PROTECTION MECHANISMS OR DATE-SETTING MECHANISMS ON A COMPUTER OR IN
+THE LICENSED MATERIALS, IF LICENSEE USES THE LICENSED MATERIALS PAST AN
+APPLICABLE RELATIONSHIP PROGRAM PERIOD OR FIXED TERM, OR IF LICENSEE UNDERTAKES
+CERTAIN OTHER ACTIONS THAT AFFECT THE SECURITY MODE OR UNDER OTHER
+CIRCUMSTANCES AND THAT, IN ANY SUCH EVENT, LICENSEE?S ACCESS TO LICENSEE?S WORK
+PRODUCT AND OTHER DATA MAY BE AFFECTED. MORE INFORMATION IS CONTAINED IN THE
+APPLICABLE LICENSED MATERIALS OR AVAILABLE FROM AUTODESK ON REQUEST.
+
+6.2.3 Effect of Activation Codes. Licensee acknowledges and agrees that receipt
+of an activation code (whether or not provided to Licensee in error) will not
+constitute evidence of or affect the scope of Licensee?s license rights. Those
+rights will be only as set forth in this Agreement and the applicable License
+Identification.
+
+6.3 Affected Data. Work product and other data created with Licensed Materials
+made available under certain License Types, including licenses that limit the
+permitted purpose to educational purposes or personal learning purposes, may
+contain certain notices and limitations that make the work product and other
+data usable only in certain circumstances (e.g., only in the education field).
+In addition, if Licensee combines or links work product or other data created
+with such Licensed Materials with work product or other data otherwise created,
+then such other work product or data may also be affected by these notices and
+limitations. Autodesk will have no responsibility or liability whatsoever if
+Licensee combines or links work product or other data created with such
+Licensed Materials with work product or other data otherwise created. In
+addition, Licensee will not remove, alter or obscure any such notices or
+limitations.
+
+7. Limitations of Liability
+
+7.1 Limitation on Type and Amount of Liability. IN NO EVENT WILL AUTODESK OR
+ITS SUPPLIERS HAVE ANY LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INCIDENTAL,
+SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE,
+REVENUE, OR DATA; OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY
+FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY). IN ADDITION, THE LIABILITY OF
+AUTODESK AND ITS SUPPLIERS ARISING OUT OF OR RELATING TO ANY AUTODESK
+MATERIALS, RELATIONSHIP PROGRAMS OR SERVICES WILL NOT EXCEED THE AMOUNT PAID OR
+PAYABLE BY LICENSEE FOR SUCH AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR
+SERVICES, RESPECTIVELY.
+
+7.2 Application of and Basis for Limitations. THE LIMITATIONS OF LIABILITY IN
+THIS SECTION 7 (LIMITATIONS OF LIABILITY) WILL APPLY TO THE MAXIMUM EXTENT
+PERMITTED BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED
+AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT
+(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF AUTODESK HAS
+BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND REGARDLESS OF WHETHER THE
+LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. ALSO,
+LICENSEE AGREES THAT THE LICENSE, RELATIONSHIP PROGRAMS AND SERVICES FEES AND
+OTHER FEES CHARGED BY AUTODESK AND PAID BY LICENSEE ARE BASED ON AND REFLECTIVE
+OF THE ALLOCATION OF RISK CONTEMPLATED BY THIS SECTION 7 (LIMITATIONS OF
+LIABILITY) AND THAT THE LIABILITY LIMITATIONS IN THIS SECTION 7 (LIMITATIONS OF
+LIABILITY) ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
+
+8. Term and Termination
+
+8.1 Term; Termination or Suspension. Each license under this Agreement, with
+respect to each specific set of Licensed Materials covered by this Agreement,
+will become effective as of the latest to occur of: (a) this Agreement becoming
+effective, (b) payment by Licensee of the applicable fees, excluding licenses
+(such as evaluation licenses) where no fees are required, (c) delivery of the
+specific Licensed Materials, and (d) in the case of Autodesk Materials provided
+in connection with a Relationship Program, upon commencement of the applicable
+Relationship Program period or fixed term. Each of Autodesk or Licensee may
+terminate this Agreement, Licensee?s license as to Licensed Materials,
+Licensee?s Relationship Program, and/or the provision of Services relating to
+the Licensed Materials if the other party is in breach of this Agreement and
+fails to cure such breach within ten (10) days after written notice of the
+breach; however, if Licensee is in breach of Section 1 (License) or Section 2
+(License Limitations; Prohibitions), Autodesk may terminate this Agreement,
+Licensee?s license as to Licensed Materials, Licensee?s Relationship Program,
+and/or the provision of Services relating to the Licensed Materials immediately
+upon written notice of the breach. In addition, Autodesk may, as an alternative
+to termination, suspend Licensee?s license as to the Licensed Materials,
+Licensee?s Relationship Program, the provision of Services relating to the
+Licensed Materials, and/or other Autodesk obligations or Licensee rights under
+this Agreement (or under other terms, if any, relating to materials associated
+with the Licensed Materials), if Licensee fails to make a payment to Autodesk
+or a Reseller or otherwise fails to comply with the provisions of this
+Agreement or other terms relating to any such license, Relationship Program,
+Services, or other associated materials. Autodesk may also terminate this
+Agreement if Licensee becomes subject to bankruptcy proceedings, becomes
+insolvent, or makes an arrangement with Licensee?s creditors. This Agreement
+will terminate automatically without further notice or action by Autodesk if
+Licensee goes into liquidation.
+
+Licensee acknowledges and agrees that Autodesk may assign or sub-contract any
+of its rights or obligations under this Agreement.
+
+8.2 Effect of Termination of Agreement or License. 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 Autodesk Materials to which such license applies, any
+Relationship Program (including, without limitation, associated services), and
+any Services and Uninstall all copies of the Autodesk Materials. At Autodesk?s
+request, Licensee agrees to destroy or return to Autodesk or the Reseller from
+which they were acquired all Autodesk Materials. Autodesk reserves the right to
+require Licensee to show satisfactory proof that all copies of the Autodesk
+Materials have been Uninstalled and, if so requested by Autodesk, destroyed or
+returned to Autodesk or the Reseller from which they were acquired. If
+Licensee?s Relationship Program is terminated or expires, but this Agreement
+and Licensee?s license to the Licensed Materials remains in effect, any rights
+of Licensee based on the Relationship Program (including, without limitation,
+rights with respect to Previous Versions) will terminate, and (unless otherwise
+authorized by the Relationship Program Terms) Licensee must comply with the
+obligations of Section 1.2.1 (Effect of Upgrades) with respect to (including
+the obligations to cease use of, Uninstall and destroy or return) all copies of
+such Previous Versions.
+
+8.3 Survival. Sections 1.3 (Additional Terms), 1.4 (Other Materials), 1.5
+(Authorized Users), 1.6 (Third-Party Licensed Materials), 1.11 (APIs), 2.1.1
+(No License Granted;Unauthorized Activities), 2.1.4 (Effect of Unauthorized
+Use), 2.2 (Circumvention), 3 (All Rights Reserved), 4 (Privacy; Use of
+Information; Connectivity), 5.2 (Disclaimer), 6 (Warnings), 7 (Limitations of
+Liability), 8 (Term and Termination), and 9 (General Provisions) and Exhibit A
+will survive any termination or expiration of this Agreement.
+
+9. General Provisions
+
+9.1 Notices. Notices in connection with this Agreement by either party will be
+in writing and will be sent by electronic mail, postal service, or a delivery
+service (such as UPS, FedEx or DHL), except that Licensee may not provide
+notice to Autodesk of an Autodesk breach or provide notice of termination of
+this Agreement by electronic mail. Notices from Autodesk to Licensee will be
+effective (a) in the case of notices by email, one (1) day after sending to the
+email address provided to Autodesk, or (b) in the case of notices by mail or
+delivery service, five (5) days after sending by regular post or delivery
+service to the address provided to Autodesk. Licensee hereby consents to
+service of process being effected on Licensee by registered mail sent to the
+address set forth on Licensee?s Customer Information Form (or, if no Customer
+Information Form has been provided, Licensee?s last address known by Autodesk)
+if so permitted by applicable law. Notices from Licensee to Autodesk will be
+effective (a) in the case of notices by email, one (1) day after sending to
+(and receipt by Autodesk at) CopyrightAgent@autodesk.com, or (b) in the case of
+notices by mail or delivery service, when received by Autodesk at Autodesk,
+Inc., 111 McInnis Parkway, San Rafael, California 94903, USA, Attention:
+Copyright Agent. If Licensee participates in a Relationship Program, either
+party may also provide notice as set forth in the Relationship Program Terms.
+
+9.2 Governing Law and Jurisdiction. This Agreement will be governed by and
+construed in accordance with the laws of (a) Switzerland if Licensee acquired
+the Autodesk Materials in a country in Europe, Africa or the Middle East, (b)
+Singapore if Licensee acquired the Autodesk Materials in a country in Asia,
+Oceania or the Asia-Pacific region, or (c) the State of California (and, to the
+extent controlling, the federal laws of the United States) if Licensee acquired
+the Autodesk Materials in a country in the Americas (including the Caribbean)
+or any other country not specified in this Section 9.2 (Governing Law and
+Jurisdiction). The laws of such jurisdictions shall govern without reference to
+the conflicts-of-laws rules thereof. The UN Convention on Contracts for the
+International Sale of Goods and the Uniform Computer Information Transaction
+Act shall not apply to (and are excluded from the laws governing) this
+Agreement. In addition, each party agrees that any claim, action or dispute
+arising under or relating to this Agreement will be brought exclusively in (and
+the parties will be subject to the exclusive jurisdiction of) the Superior
+Court of the State of California, County of Marin, or the United States
+District Court for the Northern District of California in San Francisco, except
+that if Licensee has acquired the Autodesk Materials in (a) a country in
+Europe, Africa or the Middle East, any such claim or dispute will be brought
+exclusively in (and the parties will be subject to the exclusive jurisdiction
+of) the courts of Switzerland, or (b) a country in Asia, Oceania or the
+Asia-Pacific region, any such claim or dispute will be brought exclusively in
+(and the parties will be subject to the exclusive jurisdiction of) the courts
+of Singapore. Nothing in the foregoing will prevent Autodesk from bringing an
+action for infringement of intellectual property rights in any country where
+such infringement is alleged to occur.
+
+9.3 No Assignment; Insolvency. Licensee may not assign this Agreement or any
+rights hereunder (whether by purchase of stock or assets, merger, change of
+control, operation of law, or otherwise) without Autodesk's prior written
+consent, which may be withheld in Autodesk's sole and absolute discretion, and
+any unauthorized purported assignment by Licensee will be void. In the context
+of any bankruptcy or similar proceeding, Licensee acknowledges and agrees this
+Agreement is and shall be treated as an executory contract that may not be
+assumed and/or assigned without Autodesk's prior written consent, which consent
+may be withheld in Autodesk's sole and absolute discretion whether pursuant to
+Section 365(c)(1) of Title 11 of the United States Code or any other applicable
+law respecting the treatment of executory contracts within bankruptcy. Any
+assignment (regardless of how or on what basis the assignment may occur) will
+be conditioned on compliance with the following: at least thirty (30) days
+before assigning or agreeing to any assignment of rights under this Agreement
+(including transferring any copies of or right to use the Software), (a)
+Licensee must provide written notice to Autodesk, Uninstall all copies of the
+Software, and (without limitation of the generality of Section 9.7 (Audits))
+allow Autodesk or its designee to inspect the records, systems and facilities
+of (or operated for) Licensee and its subsidiaries and affiliates to verify (by
+any means available to Autodesk, whether remotely or on premises) that all
+copies of the Software have been Uninstalled, (b) the proposed assignee must
+agree to comply (and Licensee must ensure that the assignee will comply) with
+all of the obligations of this Agreement with respect to such Software, which
+agreement must provide that Autodesk is a third-party beneficiary of the
+assignee?s agreement, and the assignee must provide a copy of the agreement to
+Autodesk, and (c) Licensee and proposed assignee must comply with all other
+transfer procedures identified by Autodesk.
+
+9.4 Autodesk Subsidiaries and Affiliates. Licensee acknowledges and agrees that
+Autodesk may arrange to have its subsidiaries and affiliates engage in
+activities in connection with this Agreement, including, without limitation,
+delivering Autodesk Materials and providing Relationship Programs and Services,
+provided that Autodesk (and not such subsidiaries and affiliates) will remain
+subject to the obligations of Autodesk under this Agreement. Licensee also
+agrees that Autodesk?s subsidiaries and affiliates may enforce (including
+taking actions for breach of) this Agreement.
+
+9.5 Exceptions to Prohibitions; Severability.
+
+9.5.1 Exceptions to Prohibitions. The prohibitions contained in this Agreement
+will not apply where and to the extent applicable law does not allow such
+prohibitions to be enforced. Licensee may have other rights under the laws of
+the state or country within the Territory where the Licensed Materials are
+acquired, and this Agreement does not change Licensee?s rights under the laws
+of such state or country if and to the extent the laws of such state or country
+do not permit this Agreement to do so. Licensee will bear the burden of proof
+to demonstrate that applicable law does not allow (i) the enforcement of such
+prohibitions; or (ii) this Agreement to change particular rights in a state or
+country (and that Licensee has not exceeded the bounds of the unenforceable
+prohibitions and unchangeable rights).
+
+9.5.2 Severability. If and to the extent any provision of this Agreement is
+held illegal, invalid, or unenforceable in whole or in part under applicable
+law, such provision or such portion thereof will be ineffective as to the
+jurisdiction in which it is illegal, invalid, or unenforceable to the extent of
+its illegality, invalidity, or unenforceability and will be deemed modified to
+the extent necessary to conform to applicable law so as to give the maximum
+effect to the intent of the parties. The illegality, invalidity, or
+unenforceability of such provision in that jurisdiction will not in any way
+affect the legality, validity, or enforceability of such provision or any other
+provision of this Agreement in any other jurisdiction.
+
+9.6 No Waiver. No term or provision of this Agreement will be considered
+waived, and no breach excused, unless such waiver is in writing signed on
+behalf of the party against which the waiver is asserted. No waiver (whether
+express or implied) will constitute consent to, waiver of, or excuse of any
+other, different, or subsequent breach.
+
+9.7 Audits. Licensee agrees that Autodesk has the right to require an audit
+(electronic or otherwise) of the Autodesk Materials and the Installation
+thereof and Access thereto. As part of any such audit, Autodesk or its
+authorized representative will have the right, on fifteen (15) days? prior
+notice to Licensee, to inspect Licensee?s records, systems and facilities,
+including machine IDs, serial numbers and related information, to verify
+Licensee?s Installation of and Access to the Autodesk Materials. Additionally,
+within fifteen (15) days of the audit request, Licensee will provide to
+Autodesk all records and information requested by Autodesk in order to verify
+Licensee?s Installation of and Access to the Autodesk Materials. Licensee will
+provide full cooperation to enable any such audit. If Autodesk determines that
+Licensee?s Installation of or Access to the Autodesk Materials is not in
+conformity with the applicable agreements or terms of service, Licensee will
+obtain immediately and pay for valid license(s) to bring Licensee?s
+Installation and Access into compliance and pay the reasonable costs of the
+audit. In addition to such payment rights, Autodesk reserves the right to seek
+any other remedies available at law or in equity.
+
+9.8 Language. The English language version of this Agreement is legally binding
+in case of any inconsistencies between the English version and any
+translations. If Licensee purchased the license for the Licensed Materials in
+Canada, Licensee agrees to the following: The parties hereto confirm that it is
+their wish that this Agreement, as well as other documents relating hereto,
+including notices, have been and shall be written in the English language only.
+Les parties ci-dessus confirment leur d?sir que cet accord ainsi que tous les
+documents, y compris tous avis qui s'y rattachent, soient r?dig?s en langue
+anglaise.
+
+9.9 Construction. Ambiguities in this Agreement will not be construed against
+the drafter.
+
+9.10 Force Majeure. Autodesk will not be liable for any loss, damage or penalty
+resulting from delays or failures in performance resulting from acts of God,
+supplier delay or other causes beyond Autodesk's reasonable control.
+
+9.11 U.S. Government Rights. For U.S. Government procurements, all Autodesk
+Materials are deemed to be commercial computer software as defined in FAR
+12.212 and subject to restricted rights as defined in FAR Section 52.227-19
+"Commercial Computer Software - Restricted Rights" and DFARS 227.7202, ?Rights
+in Commercial Computer Software or Commercial Computer Software Documentation?,
+as applicable, and any successor regulations. Any use, modification,
+reproduction release, performance, display or disclosure of the Autodesk
+Materials by the U.S. Government shall be solely in accordance with license
+rights and restrictions described herein.
+
+9.12 Export Control. Licensee acknowledges and agrees that the Autodesk
+Materials and Services (including any data submitted by Licensee in connection
+with a Service and any Licensee-specific output generated by a Service) are
+subject to the export control and trade sanctions laws, rules and regulations
+of the United States and may be subject to the export control and trade
+sanctions laws, rules and regulations of other countries, including but not
+limited to countries where Licensee is located or operates. Together, these
+United States and other country laws, rules, and regulations are referred to as
+the ?Export Control Laws.? Licensee will comply with the Export Control Laws in
+all respects. Licensee represents, warrants and covenants that neither Licensee
+nor Licensee?s Personnel (i) are a citizen or resident of, or located within, a
+nation or region that is subject to U.S. trade sanctions or other significant
+trade restrictions (including, without limitation, the Crimean peninsula, Cuba,
+Iran, Sudan, Syria and North Korea), (ii) are identified on any applicable
+government restricted party lists (including, without limitation, the U.S.
+Treasury Department's Sectoral Sanctions List and List of Specially Designated
+Nationals and Blocked Persons, the U.S. Department of Commerce?s Denied Party
+List, Entity List and Unverified List and the U.S. Department of State?s
+proliferation-related lists), (iii) will, unless otherwise authorized under the
+Export Control Laws, use Autodesk Materials or Services in connection with any
+restricted end use, including, without limitation, design, analysis,
+simulation, estimation, testing, or other activities related to nuclear
+activities, chemical/biological weapons, rocket systems or unmanned air
+vehicles, or (iv) will use the Autodesk Materials or Services to disclose,
+transfer, download, export, or re-export, directly or indirectly, any
+Licensee-specific output generated by the Autodesk Materials or Services,
+Licensee content, third party content, or any other content or material to any
+country, entity, or party that is ineligible to receive such items under the
+Export Control Laws or other laws or regulations to which Licensee may be
+subject. Licensee understands that the requirements and restrictions of the
+Export Control Laws as applicable to Licensee may vary depending on the
+Autodesk Materials or Services provided under this Agreement and may change
+over time. If Licensee learns that Autodesk Materials or Services have been
+provided to any person or entity in violation of the Export Control Laws,
+Licensee will notify Autodesk immediately. If Autodesk determines that a
+violation of the Export Control Laws should be disclosed to the applicable
+export control authority, provide such assistance and information as Autodesk
+reasonably requests in connection with such disclosure.
+
+9.13 Entire Agreement. This Agreement and any other terms referenced in this
+Agreement (such as the Relationship Program Terms and the Services Terms)
+constitute the entire agreement between the parties (and merge and supersede
+any prior or contemporaneous agreements, discussions, communications,
+agreements, representations, warranties, advertising or understandings) with
+respect to the subject matter hereof, except that particular Autodesk Materials
+may be subject to additional or different terms associated with such Autodesk
+Materials. The parties acknowledge that, in entering into this Agreement, they
+are not relying on any agreements, discussions, communications, agreements,
+representations, warranties, advertising or understandings other than as
+expressly set forth in this Agreement. Licensee acknowledges and agrees that
+Autodesk may add to or change the Relationship Program Terms and the Services
+Terms from time to time, provided that Autodesk will provide written notice of
+the additions or changes (and may allow Licensee not to renew, may permit
+Licensee to terminate, and may offer other options with respect to Relationship
+Programs or Services) before the additions or changes are effective as to
+Licensee. In the event of a conflict between this Agreement and any other terms
+of Autodesk (including, without limitation, the Relationship Program Terms, the
+Services Terms, or such additional or different terms), the other terms will
+apply. Terms stipulated by Licensee in any communication by Licensee which
+purport to vary this Agreement or such other terms will be void and of no
+effect unless agreed in a writing signed by an authorized representative of
+Autodesk. Any other modifications to this Agreement will also be invalid unless
+agreed to in a writing signed by an authorized representative of Autodesk.
+
+10. Additional Terms.
+
+10.1 Rendering. This Section 10.1 (Rendering) applies to the following Software
+that may be included within the Licensed Materials: (i) Autodesk Maya; and (ii)
+Autodesk 3ds Max
+
+10.1.1 With regard to the Rendering Software (defined below), in addition to
+any other license granted in this Agreement, Licensee may allow the Rendering
+Software to be Installed or Accessed on a Networked Basis, solely for
+Licensee?s Internal Business Needs, specifically to render files created with
+the Software. However, if the Rendering Software is mental ray, and the
+Software is provided with a finite number of mental ray rendering nodes, then
+with regard to mental ray the foregoing is restricted to that number of mental
+ray rendering nodes.
+
+10.1.2 With regard to the mental ray Batch Software (defined below), in
+addition to any other license granted in this Agreement, Licensee may allow the
+mental ray Batch Software to be Installed or Accessed on a Networked Basis,
+solely for Licensee?s Internal Business Needs, and used (i) specifically to
+render files created with the Software; or (ii) by the Rendering Software
+specifically to render files created with the Software. The total number of
+CPUs used by the mental ray Batch Software cannot exceed the number specified
+in the License Identification.
+
+10.1.3 With regard to the mental ray Standalone (defined below), Licensee may
+allow the mental ray Standalone to be Installed or Accessed, on a Networked
+Basis, solely on Computing Device(s) (defined below) solely for Licensee?s
+Internal Business Needs specifically to render files created with the Software.
+With regard to mental ray Standalone, any reference in the Agreement to
+Computer is hereby deleted and ?Computing Device(s)? substituted therefor.
+
+10.1.4 With regard to the mental ray Satellite (defined below) for each of
+Autodesk 3ds Max, Autodesk Maya and Autodesk Softimage Software each mental ray
+Satellite executable(s) may run on one (1) or more host no more than four (4)
+client Computing Devices. With regard to mental ray Satellite, any reference in
+the Agreement to Computer is hereby deleted and ?Computing Device(s)?
+substituted therefor.
+
+10.1.5 Definitions.
+
+(1) ?mental ray Standalone? means the mental ray Standalone client/server
+executable, including the mental ray standard shader libraries and utility
+programs, used specifically for rendering files created with the Software.
+
+(2) ?Rendering Software? means a subset of the Software used specifically for
+rendering files created with the Software.
+
+(3) ?mental ray Batch Software? means a subset of the Software used: (i)
+specifically for rendering files created with the Software or (ii) by the
+Rendering Software specifically for rendering files created with the Software.
+
+(4) ?mental ray Satellite? means the mental ray Satellite server executable,
+including the mental ray standard shader libraries. mental ray Satellite is
+functionally equivalent to the mental ray Standalone server executable, used
+specifically for rendering files created with the Software except it is not
+able to read and write files in the complete mi2 format.
+
+(5) ?Computing Device? means (i) a single electronic assembly with a maximum
+of: (a) four (4) CPUs (regardless of the number of cores in each CPU) each CPU
+having one or more microprocessors, (b) four (4) discrete GPU-based computing
+boards; or (ii) a software implementation of the single electronic assembly, (a
+so-called 'virtual machine') described in (i) above, which single electronic
+assembly accepts information in digital or similar form and manipulates the
+information for a specific result based on a sequence of instructions.
+
+10.2 Exceptions. This Section 10.2 (Exceptions) applies to the following
+Software that may be included within the Licensed Materials: (i) Autodesk Maya;
+(ii) Autodesk 3ds Max; and (iii) Autodesk Stingray.
+
+10.2.1 Notwithstanding the provisions set forth in Section 2.1.1 (No License
+Granted; Unauthorized Activities) if: (i) the Redistributable Component
+(defined below) operates with the Software and with Licensee Application; and
+(ii) the Redistributable Component is linked to Licensee Application; then
+Licensee may reproduce and distribute the Redistributable Component and
+Licensee Application together, subject to Licensee?s strict adherence to all of
+the following terms and conditions:
+
+(a) the class identifications for any classes of objects Licensee created shall
+be different from and clearly distinguishable from the class identifications
+used by Autodesk;
+
+(b) modified Sample (defined below) code and any resulting binary files in
+Licensee Application are identified as developed by Licensee, and not by
+Autodesk;
+
+(c) Licensee Application has Licensee?s copyright notice;
+
+(d) any Modification (defined below), and resulting binary files, shall include
+the copyright notices of Autodesk, Inc. as well as the following statement:
+"This software contains copyrighted code owned by Autodesk, Inc. but has been
+modified and is not endorsed by Autodesk, Inc." The language of the copyright
+notice and the statement shall be in the same language as the Software
+language;
+
+(e) distribution is strictly for not-for-profit purposes;
+
+(f) distribution is either in binary form or text form;
+
+(g) distribution is subject to a standard form of click-through end-user
+license agreement which license agreement, among other things: (1) protects
+Autodesk's interests consistent with the terms of this Agreement; and (2)
+prohibits the redistribution of the Redistributable Component;
+
+(h) if the Redistributable Component operates with the Autodesk 3ds Max
+Software and with Licensee Application then prior to reproduction and
+distribution of the Redistributable Component and Licensee Application all MIDI
+files have been excluded from the Redistributable Component and Licensee
+Application; and
+
+(i) Licensee agrees to defend, indemnify and hold harmless Autodesk and its
+subsidiaries and affiliates from and against any and all damages, costs,
+losses, liabilities, expenses and settlement amounts incurred in connection
+with any suit, claim or action by any third party alleging that the
+Redistributable Component and/or Licensee Application infringes or
+misappropriates any patent, copyrights, moral rights, trademark, trade secret
+and design rights, whether registered or unregistered, and including any
+application for registration of any of the foregoing and all rights or forms of
+protections of a similar nature having equivalent or similar effect to any of
+these, which may subsist anywhere in the world, of such third party.
+
+10.2.2 Definitions.
+
+(1) "Licensee Application" means, with regard to the Software, a Modification
+made by Licensee for designing, developing, and testing an application program
+made by Licensee.
+
+(2) "Modification" means any: (i) addition to the substance of a Sample or any
+addition to the substance of the contents of a file containing a Sample; (ii)
+any deletion from the structure of a Sample, or any deletion from the structure
+of the contents of a file containing a Sample; and/or (iii) any new file that
+contains any part of a Sample; all of which, in Autodesk?s sole discretion,
+ensures that the Sample is not the primary source of value.
+
+(3) "Redistributable Component" means the Sample(s) and/or a Modification.
+
+(4) "Sample(s)" means sample source code, or individual animations, still
+images, and/or audio files contained in the Software, and located in the
+samples directory, the examples subdirectory, samples files or any similar type
+directory or file; and in the case of Autodesk Stingray Software only, runtime
+engine files and associated DLLs in binary form only that are identified by
+Autodesk and are necessary to allow users of the Licensee Application to use
+and/or run the Licensee Application.
+
+11. Autodesk Creative Finishing Tools. If the Software is an Autodesk Creative
+Finishing compositing, grading, editing and/or finishing tool, including,
+without limitation, Autodesk Flame Premium, Autodesk Flame, Autodesk Flame
+Assist, Autodesk Flare, Autodesk Lustre, and Autodesk Backdraft Conform, then
+following additional terms apply: with regard to the Autodesk Wiretap API, (a)
+Licensee may Install and Access such API on a Computer even if a licensed copy
+of the Creative Finishing Tools is not Installed; and (b) Installation and
+Access of such API does not need to be solely in connection with Licensee's
+Installation and Access to the Creative Finishing Tools.
+
+12. Autodesk download technology may use the Akamai NetSession Interface, which
+may utilize a limited amount of your upload bandwidth and PC resources to
+connect you to a peered network and improve speed and reliability of Web
+content. The Akamai NetSession Interface is secure client-side networking
+technology that harnesses the power of your computer to deliver software and
+media available on the Akamai network. Your Akamai NetSession Interface works
+collectively with other Akamai NetSession Interfaces, along with thousands of
+Akamai edge servers, and runs as a networking service utilizing a limited
+amount of your computer's available resources. More information about the
+Akamai NetSession Interface is available here: http://www.akamai.com/client. By
+clicking "Accept" and using the Autodesk download technology, you accept the
+Akamai License Agreement (http://www.akamai.com/eula) in addition to the
+Autodesk License and Service Agreement.
+
+Exhibit A
+
+Definitions
+
+1. ?Access? or ?Accessible? means, with respect to a computer program or other
+materials, (a) to use or execute the computer program or other materials or (b)
+to use or otherwise benefit from the features or functionality of the computer
+program or other materials.
+
+2. ?Agreement? means this License and Services Agreement, including all
+exhibits and schedules thereto, as the License and Services Agreement may be
+amended from time to time in accordance with the terms thereof.
+
+3. ?Authorized User? means any individual person who Installs or Accesses, or
+is authorized to Install or Access, any of the Licensed Materials.
+
+4. ?Autodesk? means Autodesk, Inc., a Delaware corporation, except that if,
+Licensee acquires a license to the Autodesk Materials in (a) a country in
+Europe, Africa or the Middle East, ?Autodesk? means Autodesk Development S?rl
+or (b) a country in Asia, Oceania or the Asia-Pacific region, ?Autodesk? means
+Autodesk Asia Pte Ltd.
+
+5. ?Autodesk License Manager? means the tool known as Autodesk License Manager
+or any future Autodesk tool for managing, monitoring or controlling
+Installation of or Access to Autodesk Materials.
+
+6. ?Autodesk Materials? means any materials distributed or made available by
+Autodesk, directly or indirectly, including Software, Supplemental Materials,
+User Documentation and Excluded Materials (whether or not licensed to
+Licensee).
+
+7. ?Computer? means (i) a single electronic device, with one or more central
+processing units (CPUs), that accepts information in digital or similar form
+and manipulates the information for a specific result based on a sequence of
+instructions, or (ii) a software implementation of such a device (or so-called
+virtual machine).
+
+8. ?Customer Information Form? means a form completed by or on behalf of
+Licensee and submitted to Autodesk or a Reseller, directly or indirectly, in
+connection with Licensee?s order for a license of Autodesk Materials,
+Relationship Program or Services.
+
+9. ?Educational Licensee? means a Licensee who is also (a) a Qualified
+Educational Institution, (b) Faculty, (c) Student or (d) Other Authorized
+Educational Licensee. An Educational Licensee may be required to show proof of
+eligibility if requested by Autodesk. Autodesk, in its sole discretion, retains
+the right to determine the eligibility of an Educational Licensee.
+
+10. ?Educational Purposes? means (i) in the case of a Qualified Educational
+Institution, Faculty or Other Authorized Educational Licensees, purposes
+directly related to learning, teaching, training, research and development that
+are part of the instructional functions performed by a Qualified Educational
+Institution or Other Authorized Educational Licensee and (ii) in the case of
+Students, purposes related to learning, training, research or development.
+?Educational Purposes? does not include commercial, professional or any other
+for-profit purposes, except as designated at http://www.autodesk.com/
+educationterms or otherwise authorized in writing by Autodesk.
+
+11. ?Evaluation Purposes? means purposes of evaluation and demonstration of the
+capabilities of the Software or Supplemental Materials but excludes competitive
+analysis and any commercial, professional, or other for-profit purposes.
+
+12. ?Excluded Materials? means any materials, including Software, Supplemental
+Materials or User Documentation (and including, without limitation, any
+computer programs, modules or components of a computer program, functionality
+or features of a computer program, explanatory printed or electronic materials,
+content or other materials, if any), that may be provided or become available
+to Licensee, by any means, or that are on any media delivered to Licensee, for
+which (a) Licensee does not have a License Identification, or (b) Licensee has
+not paid (and continued to pay) the applicable fees. Licensee acknowledges that
+Excluded Materials are included on media or via download for convenience of the
+licensing mechanism used by Autodesk, and inclusion does not in any way
+authorize, expressly or impliedly, a right to use such Excluded Materials.
+
+13. ?Faculty? means an individual person who is an employee or independent
+contractor working for a Qualified Educational Institution.
+
+14. ?Install? and ?Installation? means, with respect to a computer program or
+other materials, to copy the program or other materials onto a hard disk or
+other storage medium.
+
+15. ?License Identification? means one or more designations by Autodesk that
+set forth the License Type (among other things) for Licensee?s license of the
+Licensed Materials. The License Identification may be (a) located (i) in the
+Licensed Materials (e.g., in an ?About? box, license information dialog box, or
+text file of Software), (ii) on or with Autodesk packaging, or (iii) in a
+written confirmation or other notice issued to Licensee by Autodesk and
+transmitted via email, facsimile, physical delivery, or otherwise, or (b)
+obtained from Autodesk on request. For clarification, License Identification
+does not include a designation, confirmation, packaging or other document
+provided by a Reseller or other third party.
+
+16. ?License Type? means a type of license specified by Autodesk for Autodesk
+Materials, including the types set forth in Exhibit B. License Type includes
+the terms specified by Autodesk for each type of license, including the
+applicable terms set forth in Exhibit B. License Type is determined by Autodesk
+and may be specified in the applicable License Identification.
+
+17. ?Licensed Materials? means Software, Supplemental Materials and User
+Documentation (a) downloaded by clicking on the ?I accept? button or other
+button or mechanism associated with this Agreement or by otherwise indicating
+assent to this Agreement, (b) delivered prepackaged with this Agreement, or (c)
+otherwise accompanied by this Agreement, provided that (i) in the case of
+Software, the Software is identified in an applicable License Identification,
+and (ii) Licensee has paid (and continues to pay) the applicable fees. Licensed
+Materials also includes Supplemental Materials and User Documentation that
+Autodesk provides or makes available to Licensee for use with Software licensed
+under this Agreement if there are no separate terms for such materials
+specified by Autodesk. Licensed Materials includes, without limitation, any
+error corrections, patches, service packs, updates and upgrades to, and new
+versions of, the Licensed Materials that Autodesk provides or makes available
+to Licensee under Licensee?s then-current license. Licensee acknowledges that
+availability of Upgrades and new versions may be subject to additional fees and
+the Relationship Program Terms. In addition, Licensed Materials includes,
+without limitation, any Previous Versions and other Autodesk Materials that
+Licensee receives or retains pursuant to the Relationship Program Terms, but
+only for so long as and to the extent expressly authorized by the Relationship
+Program Terms. Notwithstanding the foregoing (or any other provision of this
+Agreement), Licensed Materials in all cases excludes Excluded Materials.
+
+18. ?Licensee? means (a) the company or other legal entity on behalf of which
+Autodesk Materials are acquired, if the Autodesk Materials are acquired on
+behalf of such an entity (e.g., by an employee, independent contractor, or
+other authorized representative), or (b) if there is no such entity, the
+individual who accepts this Agreement (e.g., by selecting the ?I accept? button
+or other button or mechanism associated with this Agreement or otherwise
+indicating assent to this Agreement, or by installing, downloading, accessing,
+or otherwise copying or using all or any portion of the Autodesk Materials).
+For clarification, ?Licensee? refers only to a single, specifically identified
+legal entity or individual, and does not include any subsidiary or affiliate of
+any such legal entity or individual or any other related person.
+
+19. ?Licensee?s Internal Business Needs? means, in reference to Licensed
+Materials, the use of such Licensed Materials (and the features and
+functionality thereof) by Licensee?s own Personnel to meet the internal
+requirements of Licensee?s business in the ordinary course of such business,
+provided that Internal Business Needs will in no event include providing or
+making available such Licensed Materials (or the features or functionality
+thereof) to any third party.
+
+20. ?Networked Basis? means a computing environment that includes a Computer
+acting as a file server which allows the Licensed Materials Installed on such
+Computer to be uploaded and Installed to, and operated, viewed or otherwise
+Accessed from, other Computers through a local area network connection or
+through a VPN connection subject to compliance with the VPN Requirements.
+
+21. ?Other Authorized Educational Licensee? means a Licensee described at http:
+//www.autodesk.com/educationterms or as otherwise authorized in writing by
+Autodesk.
+
+22. ?Permitted Number? means a maximum number (e.g., number of authorized
+users, number of concurrent users, number of computers, sessions, etc.)
+applicable to a license of the Licensed Materials and to the License Type
+associated with such license. Such number is determined by Autodesk and may be
+specified in the applicable License Identification.
+
+23. ?Personal Learning Purposes? means (i) personal learning as a Student or
+(ii) in the case of a non-Student, personal learning, excluding (a) in-person
+or online classroom learning in any degree-granting or certificate granting
+program, and (b) learning related to any commercial, professional or other
+for-profit purposes.
+
+24. ?Personnel? means (a) Licensee?s individual employees and (b) individual
+persons who are independent contractors working on Licensee?s premises and who
+Install and Access the Licensed Materials only on and through Computers owned
+or leased and controlled by Licensee.
+
+25. ?Previous Versions? means, as to any then-current release of Licensed
+Materials, a prior release of the Licensed Materials as to which such
+then-current release is a successor or substitute (as determined by Autodesk).
+
+26. ?Qualified Educational Institution? means an educational institution which
+has been accredited by an authorized governmental agency within its applicable
+local, state, provincial, federal, or national government and has the primary
+purpose of teaching its enrolled students. Examples, without limitation, of
+entities that are included and excluded from this definition are described at
+http://www.autodesk.com/educationterms.
+
+27. ?Relationship Program? means (i) Subscription or (ii) a rental program
+offered generally by Autodesk pursuant to which Autodesk makes available
+Licensed Materials.
+
+28. ?Relationship Program Terms? means the terms for a Relationship Program set
+forth at http://usa.autodesk.com/company/legal-notices-trademarks/
+support-terms-and-conditions or any successor or supplemental web page of
+Autodesk (the URL for which may be obtained on Autodesk?s website or on
+request).
+
+29. ?Reseller? means a distributor or reseller authorized directly or
+indirectly by Autodesk to distribute authentic Autodesk Materials to Licensee.
+
+30. ?Services? means services (including the results of services) provided or
+made available by Autodesk, including, without limitation, support services,
+storage, simulation and testing services, training and other benefits, but
+excluding services provided or made available as part of a Relationship
+Program.
+
+31. ?Services Terms? means the terms for Services set forth at a location where
+a user may order or register for, or that is displayed in connection with
+ordering or registering for, such Services (e.g., a web page) or, if there are
+no such terms, at http://usa.autodesk.com/company/legal-notices-trademarks/
+terms-of-service (if the Services are web services) or http://usa.autodesk.com/
+company/legal-notices-trademarks/terms-of-use for all other Services) or any
+successor or supplemental web pages of Autodesk.
+
+32. ?Software? means a computer program, or a module or component of a computer
+program, distributed or made available by Autodesk. The term ?Software? may
+also refer to functions and features of a computer program.
+
+33. ?Stand-alone Basis? means (i) the Licensed Materials are Installed on a
+single Computer and (ii) the Licensed Materials cannot be Installed on, or
+operated, viewed or otherwise Accessed from or through any other Computer
+(e.g., through a network connection of any kind).
+
+34. ?Student? means an individual person enrolled as a student at a Qualified
+Educational Institution.
+
+35. ?Subscription? is the program offered generally by Autodesk under which
+Autodesk provides (among other things) updates and upgrades to, new versions
+of, and certain other support, services and training relating to Autodesk
+Materials.
+
+36. ?Supplemental Materials? means materials, other than Software and related
+User Documentation, that are distributed or made available by Autodesk for use
+with Software. Supplemental Materials include, without limitation, (a) content,
+such as sample drawings and designs, modules for drawings and designs, and
+representations of elements used in drawings and designs (e.g., buildings,
+parts of buildings, fixtures, furniture, bridges, roads, characters,
+backgrounds, settings and animations), (b) background materials, such as
+building codes and descriptions of building practices, (c) tools for rendering
+the output of the Software, such as fonts, and (d) Development Materials,
+application programming interfaces (APIs), and other similar developer
+materials (including API Information).
+
+37 ?Territory? (a) means the country, countries or jurisdiction(s) specified in
+the License Identification, or (b) if there is no such License Identification,
+or no country or jurisdiction is specified in the License Identification, means
+the country in which Licensee acquires a license to the Autodesk Materials. If
+the License Identification specifies, or Licensee acquires the Autodesk
+Materials in, a member country of the European Union or the European Free Trade
+Association, Territory means all the countries of the European Union and the
+European Free Trade Association.
+
+38. ?Uninstall? means to remove or disable a copy of Autodesk Materials from a
+hard drive or other storage medium through any means or otherwise to destroy or
+make unusable a copy of the Autodesk Materials.
+
+39. ?Upgrade? means a full commercial version of Licensed Materials (a) which
+is a successor to or substitute for a qualifying prior release (and may
+incorporate error corrections, patches, service packs and updates and upgrades
+to, and may enhance or add to the features or functionality of, the prior
+release) or different release of Licensed Materials, (b) is provided to a
+Licensee who has previously licensed the applicable qualifying prior or
+different release from Autodesk and (c) for which Autodesk generally charges a
+separate fee or makes available solely to customers under a Relationship
+Program. Whether Autodesk Materials are an Upgrade may be specified in the
+applicable License Identification. Whether Autodesk Materials are an Upgrade
+and whether Licensee has met the qualifications to license particular Autodesk
+Materials as an Upgrade are determined by Autodesk.
+
+40. ?User Documentation? means the explanatory or instructional materials for
+Software or Supplemental Materials (including materials regarding use of the
+Software or Supplemental Materials), whether in printed or electronic form,
+that Autodesk or a Reseller incorporates in the Software or Supplemental
+Materials (or the packaging for the Software or Supplemental Materials) or
+otherwise provides to its customers when or after such customers license,
+acquire or Install the Software or Supplemental Materials.
+
+41. ?VPN Requirements? means (i) the Licensed Materials are Accessed through a
+secure virtual private network (?VPN?); (ii) the maximum number of concurrent
+users Accessing the Licensed Materials (on a Networked Basis or through the
+VPN) does not exceed the Permitted Number at any time; (iii) all copies of the
+Licensed Materials are Installed and Accessed exclusively in conjunction with
+the technical protection device (if any) supplied with the Licensed Materials;
+and (iv) the VPN connection is secure and complies with current industry
+standard encryption and protection mechanisms.
+
+Exhibit B
+
+License Types
+
+1. Stand-alone (Individual) or Single-user License. If the License
+Identification identifies the License Type as ?Stand-alone?, ?Individual" or
+?Single-user?, then Licensee may Install a single primary copy of the specific
+release of the Licensed Materials designated in the applicable License
+Identification on one (1) Computer, on a Stand-alone Basis, and permit Access
+to such primary copy of the Licensed Materials solely by Licensee?s Personnel,
+and solely for Licensee?s Internal Business Needs. Licensee may also Install a
+single additional copy of such Licensed Materials on one (1) additional
+Computer, on a Stand-alone Basis; provided that (i) such additional copy of the
+Licensed Materials is Accessed solely by the same person as the primary copy;
+(ii) such person is Licensee (if Licensee is an individual) or an employee of
+Licensee; (iii) such person Accesses the additional copy solely to perform work
+while away from that person?s usual work location and solely for Licensee?s
+Internal Business Needs; and (iv) the primary and additional copies are not
+Accessed at the same time. Stand-alone (Individual) or Single-user License is
+for a perpetual term, except as otherwise provided in this Agreement.
+
+2. Multi-seat Stand-alone License. If the License Identification identifies the
+License Type as ?Multi-seat Stand-alone", then Licensee may Install primary
+copies of the specific release of the Licensed Materials designated in the
+applicable License Identification on up to the Permitted Number of Computers,
+on a Stand-alone Basis, and permit Access to such copies of the Licensed
+Materials solely by Licensee?s Personnel, and solely for Licensee?s Internal
+Business Needs. Licensee may also Install additional copies of such Licensed
+Materials on additional Computers in an amount up to the Permitted Number of
+Computers, on a Stand-alone Basis; provided that (i) each additional copy of
+such Licensed Materials is Accessed solely by the same person as the primary
+copy; (ii) such person is Licensee (if Licensee is an individual) or an
+employee of Licensee; (iii) such person Accesses the additional copy solely to
+perform work while away from that person?s usual work location and solely for
+Licensee?s Internal Business Needs; and (iv) the primary and additional copies
+are not Accessed at the same time. Multi-seat Stand-alone License is for a
+perpetual term, except as otherwise provided in this Agreement.
+
+3. Network or Multi-user License. If the License Identification identifies the
+License Type as ?Network" or ?Multi-user?, then Licensee may Install copies of
+the specific release of the Licensed Materials designated in the applicable
+License Identification on a Computer and permit Access to such Licensed
+Materials on multiple Computers, on a Networked Basis, solely by Licensee?s
+Personnel, solely for Licensee?s Internal Business Needs, only so long as the
+maximum number of concurrent Authorized Users does not exceed the Permitted
+Number of Authorized Users or other limits imposed by the Autodesk License
+Manager (if any). Licensee may, at Licensee?s option, also Install the Licensed
+Materials on a Hot Backup Server; provided that Licensee may Access the
+Licensed Materials on the Hot Backup Server only during the time period when,
+and solely for as long as, the primary Installed copy of the Licensed Materials
+is inoperable and only subject to the same terms and conditions as are
+applicable to the primary Installed copy. A ?Hot Backup Server? means a file
+server Computer that has a second copy of the Software and Supplemental
+Materials Installed but that is not permitted to be Accessible except when the
+primary Installed copy of the Software and Supplemental Materials are
+inoperable and only for so long as such primary Installed copy is inoperable. A
+Network or Multi-user License is for a perpetual term, except as otherwise
+provided in this Agreement.
+
+4. Educational Stand-alone (Individual) License. If the License Identification
+identifies the License Type as ?Educational Stand-alone (Individual)?, then an
+Educational Licensee may Install a copy of the specific release of the Licensed
+Materials designated in the applicable License Identification on two (2)
+Computers (or as otherwise authorized in writing by Autodesk), subject to
+certain functional limitations described in Section 6.3 (Affected Data), on a
+Stand-alone Basis, and permit Access to such copy of the Licensed Materials
+solely by the Educational Licensee solely for Educational Purposes. An
+Educational Stand-alone (Individual) License is for a fixed term specified in
+the applicable License Identification or, if no such term is specified, the
+term is thirty-six (36) months from Installation or as otherwise authorized in
+writing by Autodesk.
+
+5. Educational Multi-seat Stand-alone License. If the License Identification
+identifies the License Type as ?Educational Multi-seat Stand-alone,? then an
+Educational Licensee may Install copies of the specific release of the Licensed
+Materials designated in the applicable License Identification on up to the
+Permitted Number of Computers, subject to certain functional limitations
+described in Section 6.3 (Affected Data), on a Stand-alone Basis, and permit
+Access to such copies of the Licensed Materials solely by Educational Licensees
+solely for Educational Purposes. An Educational Multi-seat Stand-alone License
+is for a fixed term specified in the applicable License Identification or, if
+no such term is specified, the term is thirty-six (36) months from Installation
+or as otherwise authorized in writing by Autodesk.
+
+6. Educational Network License. If the License Identification identifies the
+License Type as ?Educational Network?, then an Educational Licensee may Install
+copies of the specific release of the Licensed Materials designated in the
+applicable License Identification on a single file server Computer, subject to
+certain functional limitations described in Section 6.3 (Affected Data), and
+Access such Licensed Materials on multiple Computers on a Networked Basis, and
+permit Access to such copies of the Licensed Materials solely by Educational
+Licensees solely for Educational Purposes, only so long as the maximum number
+of concurrent Authorized Users does not exceed the Permitted Number of
+Authorized Users. An Educational Network License is for a fixed term specified
+in the applicable License Identification or, if no such term is specified, the
+term is thirty-six (36) months from Installation or as otherwise authorized in
+writing by Autodesk.
+
+7. Personal Learning License. If the License Identification identifies the
+License Type as ?Personal Learning?, then Licensee may Install a copy of the
+specific release of the Licensed Materials designated in the applicable License
+Identification on one (1) Computer, subject to certain functional limitations
+described in Section 6.3 (Affected Data), on a Stand-alone Basis, and permit
+Access to such copy of the Licensed Materials solely by Licensee, as an
+individual, solely for Personal Learning Purposes and only at and from
+locations that are not labs or classrooms and are not operated for commercial,
+professional or for-profit purposes. A Personal Learning License is for a fixed
+term specified in the applicable License Identification. If no such term is
+specified, the term is thirteen (13) months from Installation.
+
+8. Evaluation/Demonstration/Trial. If Autodesk identifies the License Type as a
+?demonstration?, ?evaluation?, ?trial,? ?not for resale? or ?NFR? version
+(each, an ?Evaluation License?) in the applicable License Identification,
+Licensee may Install a copy of the specific release of the Licensed Materials
+designated in the applicable License Identification on one (1) Computer,
+subject to certain functional limitations described in Section 6.3 (Affected
+Data), on a Stand-alone Basis, and permit Access to such copy of the Licensed
+Materials, solely by Licensee?s Personnel, solely for Evaluation Purposes, only
+so long as the maximum number of concurrent Authorized Users does not exceed
+one (1), and only from Licensee?s work location. An Evaluation License is for a
+fixed term specified in the applicable License Identification, or if no such
+term is specified, the term is thirty (30) days from Installation or as
+otherwise authorized in writing by Autodesk.
+
+9. Fixed Term/Limited Duration/Rental License. If Autodesk identifies a license
+in the applicable License Identification as being for a specified period or
+limited duration or as having a fixed term or as a rental license, Licensee?s
+right to Install and Access the Licensed Materials will continue only for the
+period, duration or term specified in the License Identification. Such
+Installation and Access will be in accordance with and subject to the
+applicable License Type and Permitted Number. If Autodesk identifies a license
+in the applicable License Identification as being for a specified period or
+limited duration, or as having a fixed term, or a rental license but no period,
+duration or term is specified in the License Identification, the period,
+duration or term will be ninety (90) days from Installation (or the period
+specified in Sections B.6 (Educational Network License), B.7 (Personal Learning
+License) or B.8 (Evaluation/Demonstration/Trial) of this Exhibit B with respect
+to the licenses described in those sections).
+
+10. Session Specific Network License. If the License Identification identifies
+the License Type as a "Session Specific Network License", Licensee may install
+one (1) copy of the specific release of the Licensed Materials designated in
+the applicable License Identification on a Computer and permit Access to such
+Licensed Materials from multiple Computers through a Supported Virtualization
+Application, on a Networked Basis, solely by Licensee's Personnel, solely for
+Licensee's Internal Business needs, only so long as the maximum number of
+concurrent Sessions does not exceed the Permitted Number or other limits
+imposed by the Autodesk License Manager tool (if any). For purposes of this
+Session Specific Network License, (a) a ?Session? is defined as a single
+interactive information exchange between two Computers that are connected
+through a Supported Virtualization Application, and (b) ?Supported
+Virtualization Application(s)? are those third party virtualization
+applications or methods that are specifically identified as supported by
+Autodesk in the User Documentation for the Licensed Materials. With respect to
+the applicable Supported Virtualization Application, Licensee agrees to
+activate any available session tracking mechanism, not disable any such session
+tracking mechanism and to retain all records generated by such session tracking
+mechanism. A Session Specific Network License is for a perpetual term, except
+as other wise provided in this Agreement.
diff --git a/licenses/eagle-license b/licenses/eagle-license
deleted file mode 100644
index 4bc68123288..00000000000
--- a/licenses/eagle-license
+++ /dev/null
@@ -1,141 +0,0 @@
-IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE CONTINUING WITH YOUR INSTALLATION OF EAGLE
-
-This license agreement ('License') is a legal agreement between you ('Licensee' or 'you') and CadSoft Computer GmbH of Pleidolfweg 15, Pleiskirchen, D-84568, Germany ('Licensor' or 'we') for this EAGLE software product ('Software'), which includes computer software and any data supplied with it (such as electronic manuals or tutorials) ('Documentation').
-BY CLICKING ON THE 'YES' OR 'AGREE' BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENSE (INCLUDING THE RELEVANT SCHEDULES TO IT) WHICH WILL BIND YOU AND ANYONE WHO USES THE COPY OF EAGLE LICENSED TO YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU. YOU SHOULD NOT IN THIS EVENT CLICK THE 'YES' OR 'AGREE' BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. .
-
-1. GRANT AND SCOPE OF LICENSE
-1.1 In consideration of your agreeing to abide by the terms of this License, the Licensor hereby grants to you a non-exclusive, non-transferable license to use the Software and the Documentation on the terms of this License.
-1.2 The terms on which you are licensed to use the Software vary according to the edition licensed to you. Please see the Schedules to this License for any terms applicable to the Software edition licensed to you which are in addition to or amend those set out below. The Schedule relevant to the edition of EAGLE licensed to you (in each case the 'Applicable Schedule') will form part of this License. In the event of any conflict between conditions 1 to 14 of this License and the provisions of the Applicable Schedule, the provisions of the Applicable Schedule will prevail.
-1.3 You may:
-(a) use the Software for your purposes only, either:
-(i) on one computer if the License is a single-user license or the Software is for single use; or
-(ii) if the License is a multi-user license, by the number of concurrent users agreed between you and us
-provided that, in either case and save where prohibited in the Applicable Schedule, the Software may be installed on more than one computer or file server simultaneously provided that it is not used concurrently on more than the number of computers for which use is licensed in accordance with (i) or (ii) above, whichever is appropriate.
-(b) transfer the Software from one computer to another provided it is used only on the number of computers for which use is licensed in accordance with condition 1.3 (a);
-(c) make up one copy of the Software for back-up purposes only, provided that this is necessary for the activities permitted under condition 2.1;
-(d) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time;
-(e) use any Documentation in support of the use permitted under condition 1.2.
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-We reserve the right to use a license management tool to ensure compliance with the terms of this License. We furthermore reserve the right to use such a tool in future, for example together with an updated or upgraded version or any new release of the Software, in case the version you have bought does not include such a license management tool.
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-2. LICENSEE'S UNDERTAKINGS
-2.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
-(a) not to copy the Software or Documentation except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up;
-(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;
-(c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
-(d) not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
-(i) is used only for the purpose of achieving inter-operability of the Software with another software program; and
-(ii) is not unnecessarily disclosed or communicated without the Licensor's prior written consent to any third party; and
-(iii) is not used to create any software which is substantially similar to the Software;
-(e) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
-(f) to supervise and control use of the Software and ensure that the Software is only used in accordance with the terms of this License;
-(g) to include the copyright notice of the Licensor on all copies (entire or partial) you make of the Software on any medium;
-(h) to replace the current version of the Software with any updated or upgraded version or any new release provided by the Licensor under the terms of this License immediately on receipt; and
-(i) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person (other than, in the case of a multi-user license only, such number of your employees or authorised representatives as are permitted to use the Software at any time under the terms of this License) without prior written consent from the Licensor.
-2.2 The Licensor may at any time request you to provide a certificate of confirmation of your compliance with the terms of this License and you will provide such certificate on request.
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-3. SUPPORT
-As any support provided for the Software is provided free of charge, we provide only such support for it as we see fit and that support may vary according to the edition of the Software licensed to you. The extent of support provided (if any) is detailed on our website or those of our associated companies. We reserve the right to change the support provided or the means by which it may be accessed or remove the support altogether at any time without notice.
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-4. INTELLECTUAL PROPERTY RIGHTS
-4.1 You acknowledge that all intellectual property rights in the Software and the Documentation anywhere in the world belong to the Licensor, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this License.
-4.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
-4.3 The integrity of this Software is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Software of the Licensor are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
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-5. LIMITED WARRANTY
-5.1 Further details as to the extent of any warranty applicable to the edition of the Software licensed to you are as set out in the Schedule relevant to that edition.
-5.2 Save as may be set out in the Applicable Schedule, we make no representation or warranty as to the suitability or fitness for purpose of the Software, whether your purpose or any other and regardless of whether that purpose has been disclosed to us and save as above, we make no warranties or representations as to the Software or the Documentation or as to the performance, accuracy, quality, condition, completeness, compliance with statement or description of either of them and all such warranties and representations are excluded to the fullest extent permitted by law.
-5.3 You acknowledge that:
-(a) the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements; and
-(b) that the Software may not be free of bugs or errors, and you agree that the existence of minor errors shall not constitute a breach of this License.
-5.4 It is your responsibility to ensure that you make regular and frequent back-ups of all designs, files and other work produced with Software. As set out below, we can accept no liability for any loss of designs, files or other data.
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-6. LICENSOR'S LIABILITY
-6.1 Nothing in this License shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
-6.2 Subject to condition 6.1, the Licensor's liability for losses suffered by you arising out of or in connection with this License (including any liability for the acts or omissions of its employees, agents and subcontractors), however such losses may arise, whether in contract, tort (including negligence), misrepresentation or otherwise, shall be limited as set out in the Applicable Schedule and shall in any event exclude any liability for:
-(a) loss of income;
-(b) loss of business profits or contracts;
-(c) business interruption;
-(d) loss of the use of money or anticipated savings;
-(e) loss of information, data or designs;
-(f) loss of opportunity, goodwill or reputation;
-(g) loss of, damage to or corruption of data; or
-(h) any indirect or consequential loss or damage of any kind
-even if such losses, claims or damages result from the Licensor's deliberate personal repudiatory breach of this License and all and any such liability is hereby expressly excluded to the fullest extent permitted by law.
-6.3 This License sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this License. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this License, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
-6.4 Any reference to loss or liability arising out of or in connection with this License shall be deemed to include any loss, claim, liability or damage arising out of or in connection with the Software, its availability or otherwise, its performance, operability, functionality or in connection with the loss of any designs, data or information or the accuracy or validity of any designs produced using the Software.
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-7. TERMINATION
-7.1 The Licensor may terminate this License immediately by written notice to you if you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
-7.2 Upon termination for any reason:
-(a) all rights granted to you under this License shall cease;
-(b) you must cease all activities authorised by this License; and
-(c) you must immediately delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to the Licensor (at the Licensor's option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
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-8. TRANSFER OF RIGHTS AND OBLIGATIONS
-8.1 This License is binding on you and us, and on our respective successors and assigns.
-8.2 You may not transfer, assign, charge or otherwise dispose of this License, or any of your rights or obligations arising under it, without our prior written consent.
-8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this License, or any of our rights or obligations arising under it, at any time during the term of the License.
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-9. NOTICES
-All notices given by you to us must be given to CadSoft Computer GmbH at Pleidolfweg 15, Pleiskirchen, Germany. We may give notice to you in accordance with the Applicable Schedule. Notice will be deemed received and properly served immediately when posted on the Websites or any of them, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
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-10. EVENTS OUTSIDE OUR CONTROL
-10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this License or any unavailability of the Software that is caused by events outside our reasonable control (Force Majeure Event).
-10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
-(a) strikes, lock-outs or other industrial action;
-(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
-(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
-(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
-(e) impossibility of the use of public or private telecommunications networks or
-(f) the acts, decrees, legislation, regulations or restrictions of any government.
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-11. WAIVER
-11.1 If we fail, at any time during the term of this License, to insist upon strict performance of any of your obligations under this License, or if we fail to exercise any of the rights or remedies to which we are entitled under this License, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
-11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
-11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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-12. SEVERABILITY
-If any of the terms of this License are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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-13. ENTIRE AGREEMENT
-13.1 This License and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Software and Documentation and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
-13.2 We each acknowledge that, in entering into this License, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into this License except as expressly stated in this License.
-13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this License (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
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-14. LAW AND JURISDICTION
-This License, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with German law and submitted to the non-exclusive jurisdiction of the German courts.
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-SCHEDULE 1
-CONDITIONS APPLICABLE TO THE LIGHT, STANDARD AND PROFESSIONAL EDITIONS OF EAGLE (TOGETHER WITH ANY OTHER COMMERCIAL EDITION OF EAGLE ISSUED BY US FROM TIME TO TIME TO WHICH THE FOLLOWING SCHEDULES DO NOT APPLY)
-1 Reference in this Schedule 1 to the Software is reference to the commercial edition of EAGLE licensed to you.
-2 The Licensor warrants that for a period of 30 days from the date of installation ('Warranty Period') the Software will, when properly used, perform substantially in accordance with the functions described in the Documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed, as specified by us) and the Documentation correctly describes the operation of the Software in all material respects.
-3 If, within the Warranty Period, you notify the Licensor in writing of any defect or fault in the Software in consequence of which it fails to perform substantially in accordance with the Documentation, and such defect or fault does not result from you having amended the Software or used it in contravention of the terms of this License, the Licensor will, at its sole option, either repair or replace the Software, provided that you make available all the information that may be necessary to help the Licensor to remedy the defect or fault, including sufficient information to enable the Licensor to recreate the defect or fault.
-4 Subject to condition 6.1 and 6.2 of the License above, the Licensor's maximum aggregate liability under or in connection with this License, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the amount received by us by way of license fee for the Software.
-5 Subject to condition 6.1 and 6.2 of the License and clause 4 of this Schedule 1 above, the Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the USA and/or Germany.
-6 Notice in connection with this License may be given by us to you at either the e-mail, fax or postal address you provided to us or our representative at the time of order of the Software or where such information is generic and not specific to you by displaying on our website or that of any of our associated companies or undertakings.
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-SCHEDULE 2
-CONDITIONS APPLICABLE TO THE Free Trial EDITION ONLY
-1 The Free Trial edition requires access to the internet to operate. The computer on which the Free Trial edition is run must have access to the internet on each occasion on which you launch EAGLE in order for the Free Trial edition to open and operate. Reference in this Schedule 2 to the Software is reference to the Free Trial edition of EAGLE.
-2 All licenses of the Free Trial edition are for single use only. The Free Trial edition may be downloaded to and used only on the computer licensed to run the Software at the time you activated the Free Trial edition.
-3 The Free Trial edition is licensed for use for evaluation or not for profit purposes only. 'Evaluation' allows you to use the Software in a commercial environment but purely for the purposes of evaluating the functionality and suitability for your purposes of the Software. 'Not for profit' allows you to use the Software for personal use or in the course of your studies if you are in education or for any other not-for-profit aim. In no case must the Software be used in order to generate revenue (whether directly or by way of costs savings).
-4 This license of the Software is for a period of sixty (60) days from the date of its download by you. On expiry of this sixty (60) day period, this license and your right to use the Software under it shall cease and the Software shall cease to operate. At that time you should delete the Software from any computer onto which it is loaded. You may apply to download and be licensed to use the Free Trial edition under the terms of a separate license between you and us at any time after the expiry of this license but we may apply restrictions as to the frequency with which such downloads may be available and may amend, revise, supplement or remove those restrictions from time to time. We shall endeavour to publish the terms of those restrictions on our website or those of our associated companies or undertakings or any other website(s) on which we make the Software available but shall have no liability to you in the event that we do not do so for any reason and failing to do so shall not affect the efficacy of those restrictions.
-5 You acknowledge that the Software is licensed to you free of charge and that accordingly we make no representation or warranty as to:
-(i) the suitability or fitness for purpose of the Software, whether your purpose or any other and regardless of whether that purpose has been disclosed to us;
-(ii) the performance or functionality of the Software, whether in accordance with any statements made, materials published or the Documentation or otherwise;
-(iii) the availability or functionality of any server or system to allow registration for, download or communication with the Software;
-(iv) whether the Software infringes the intellectual property rights of any third party anywhere in the world.
-6 You further acknowledge that the Software will not operate without access to the internet, such that the Software is able to communicate with our servers, and that it is your responsibility to ensure that you have such access at all times when starting the Software; and that that access is adequate and uninterrupted throughout the start-up process.
-7 Notice in connection with this License may be given by us to you at either the e-mail or postal address you provided to us or our representative when registering to receive the Software or by displaying such notice on our website or that of any of our associated companies or undertakings or any other website(s) on which we make the Software available.
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-SCHEDULE 3
-CONDITIONS APPLICABLE TO THE FREEWARE EDITION ONLY
-1 Reference in this Schedule 3 to the Software is reference to the Freeware edition of EAGLE.
-2 All licenses of the Freeware edition are for single use only.
-3 The Freeware edition is licensed for use for evaluation or not for profit purposes only. 'Evaluation' allows you to use the Software in a commercial environment but purely for the purposes of evaluating the functionality and suitability for your purposes of the Software. 'Not for profit' allows you to use the Software for personal use or in the course of your studies if you are in education or for any other not-for-profit aim. In no case must the Software be used in order to generate revenue (whether directly or by way of costs savings). The Freeware edition may also be used by a PCB manufacturer to determine production data necessary for the manufacture of a PCB where that PCB manufacturer has been commissioned by the third party designer of that PCB to produce a PCB to that design on his or her behalf.
-4 You acknowledge that the Software is licensed to you free of charge and that accordingly we make no representation or warranty as to:
-(i) the suitability or fitness for purpose of the Software, whether your purpose or any other and regardless of whether that purpose has been disclosed to us;
-(ii) the performance or functionality of the Software, whether in accordance with any statements made, materials published or the Documentation or otherwise;
-(iii) whether the Software infringes the intellectual property rights of any third party anywhere in the world.
-6 Notice in connection with this License may be given by us to you or by displaying such notice on our websites or that of any of our associated companies or undertakings.