This is a license to use the software and not an agreement for sale.
BY ACCEPTING THIS LICENSE FOR THE SOFTWARE (THE "PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "LICENSEE." IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST COMMUNICATE YOUR NON-ACCEPTANCE IMMEDIATELY TO FASTCAM INC. FURTHER, YOU MUST NOT INSTALL OR USE THE PRODUCT, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
1. License Agreement.
As used in this Agreement, "FASTCAM" shall mean FastCAM Inc. FASTCAM grants you the right to use one copy of the enclosed FastCAM® MTO software program (the “SOFTWARE”) on a single computer. You may distribute the software freely however to use the software on more than one computer, each END USER must register individually. The END USER has a license to use the SOFTWARE for an indefinite time period unless the END USER violates this agreement in any respect. Upon termination, Licensee shall destroy all copies of the Product. This license does not entitle Licensee to receive from FASTCAM hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product.
2. Restrictions. Without FASTCAM’s prior written consent, Licensee may not: (i) modify or create any derivative works of the Product or documentation, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product.
2.01. Proprietory MTO file format. There has been a need for a single source format for storage and exchange of information in the structural steel industry and related industry. To address this need, FastCAM Inc. has created, copyrighted and published the MTO format for the use of all parties. The FastCAM® MTO product reads and creates these MTO files. The user agrees not to change this format or create derivative formats or take ownership of this format in any way and accepts that the right to change, extend and develop this file format is retained by FastCAM Inc. These files will be recognized by the internal Copyright statement and the user agrees not to remove this statement. If the user creates MTO files, the user agrees to include this statement as prescribed in the published format. The user agrees also not to produce similar files which employ the .MTO file extension which could be confused with the FastCAM® MTO files.
3. Fees. There is no license fee for the Product. If Licensee wishes to receive the Product on media, there may be a small charge for the media and for shipping and handling. Licensee is responsible for any and all taxes.
4. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Product shall remain with FASTCAM. The Product is protected by copyright and other intellectual property laws and by international treaties. This Agreement and all related documentation is in the English language
5. Disclaimer of Warranty. THE PRODUCT IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FASTCAM OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM