Release Candidate License
Agreement
NOTICE TO USER: THIS
LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU
(EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND AUTODESK, INC. FOR THE RELEASE
CANDIDATE VERSION OF THE DWF TOOLKIT, WHICH INCLUDES COMPUTER
SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR
ELECTRONIC DOCUMENTATION ("LICENSED SOFTWARE"). BY INSTALLING THE
LICENSED SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR
USE THE LICENSED SOFTWARE.
1
LICENSE GRANT
1.1 |
Autodesk
grants to you ("Licensee") a perpetual, nontransferable,
nonexclusive, royalty-free, limited license to: |
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1.2 |
Licensee
acquires no right, title, or interest in or to the Licensed Software. |
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1.3 |
Licensee
shall retain all rights to any independently developed software, such as
applications, developed by or for Licensee. |
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1.4 |
Autodesk
is under no obligation to provide maintenance, support, or upgrades for the
Licensed Software. |
2
COPYRIGHTS AND TRADEMARKS
Licensee shall reproduce
and apply any copyright or other proprietary rights notices included on or
embedded in the Licensed Software to any copies of the Licensed Software or to
applications created using the Licensed Software, in any form. Licensee shall
have no right to use any Autodesk trademarks, trade names or trade dress absent
a separate written agreement between Autodesk and Licensee. Licensee hereby
understands and agrees that Autodesk is not granting any rights to Autodesk
patents, copyrights, trademarks or trade secret information to Licensee by this
Agreement.
3
FEES
Use of the Licensed
Software in accordance with the terms of this Agreement shall not require
payment of a license fee to Autodesk.
4
TERM AND TERMINATION
The grant of a perpetual
license notwithstanding, Autodesk may immediately terminate this Agreement and
revoke the license granted to Licensee upon written notice to Licensee if
Licensee fails to comply with any of the terms or conditions of this Agreement.
Upon termination of this Agreement, Licensee shall immediately cease using,
reproducing and distributing the Licensed Software, the license and rights
granted hereunder shall expire, and Licensee shall immediately destroy or
return to Autodesk the Licensed Software and all related documentation,
materials or copies thereof.
5
DISCLAIMER OF WARRANTY
5.1 |
The
Licensed Software is provided "AS IS" and without any warranty of
any kind. Autodesk
reserves the right to update and make modifications to the Licensed Software
in any future release in its sole discretion. |
5.2 |
AUTODESK
DOES NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE. |
6
LIMITATION OF LIABILITY
6.1 |
In
no event will Autodesk be liable for any lost revenues, data, or profits, or
special, indirect, or consequential damages, even if Autodesk has been
advised of the possibility or probability of such damages. Autodesk's maximum
liability for damages shall be limited to the fees, if any, required under
Section 3 for the particular Licensed Software which caused the damages. |
6.2 |
The
Licensed Software is not fault-tolerant and is not designed, manufactured, or
intended for use or resale as online control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the
failure of the Licensed Software or derived binaries could lead directly to
death, personal injury, or severe physical or environmental damage
("High Risk Activities"). Autodesk specifically disclaims any
express or implied warranty of fitness for High Risk Activities. Licensee
will not knowingly use, distribute, or sublicense the Licensed Software or
derived binaries for High Risk Activities and will ensure that its customers
and end-users of Licensee's products are provided with a copy of the notice
specified in the first sentence of this Section 6.2. |
7 PROPRIETARY INFORMATION
The Licensed Software is
the proprietary information of Autodesk, Inc. ("Confidential
Information"). Except as permitted by this Agreement,
Licensee shall not disclose Confidential Information and shall use it only for
purposes specifically contemplated by this Agreement. This Agreement
will not affect any non-disclosure agreement between the parties.
8
EXPORT
Unless properly
authorized by the U.S. Government, Licensee shall not export, re-export or
transfer, whether directly or indirectly, the Licensed Software or binary
derivative or direct products thereof, to any person or company who is (a)
present in or controlled by a legal resident of any proscribed country listed
in the U.S. Export Administration Regulations (or any equivalent thereof ), or
(b) a person or entity named in the entity lists, denied persons lists or
specially designated nationals lists maintained by the U.S. Government.
9
This Licensed Software
is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software Clause as DFARS 252.227-7013 and FAR 52.227-19 as applicable.
Manufacturer is Autodesk, Inc.,
10
GOVERNING LAW
Any action related to
this Agreement will be governed by