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END-USER LICENSE AGREEMENT
FOR iCD DESIGN INTEGRITY SOFTWARE INCORPORATING THE iCD STACKUP PLANNER, iCD
PDN PLANNER, iCD CPW PLANNER AND iCD SMARTSOLVER
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL
The In-Circuit Design Pty Ltd End-User License Agreement ("EULA") is
a legal agreement between you (either an individual or a single entity) and
In-Circuit Design Pty Ltd as Trustee for The ICD Trust for the software
product(s) identified above which may include associated software
components, media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise
using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
This license agreement represents the entire agreement concerning the
program between you and In-Circuit Design Pty Ltd, (referred to as
"licenser"), and it supersedes any prior proposal, representation, or
understanding between the parties. If you do not agree to the terms of this
EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
In-Circuit Design Pty Ltd grants to you, a non-transferable, non-exclusive
license to use the SOFTWARE PRODUCT solely: (i) in machine-readable,
object-code form; (ii) for your internal business purposes; (iii) on the
computer hardware or at the site for which an applicable license fee is paid
for the term of the license.
(b) Evaluation
software
Evaluation software
may be used for a trial period of no longer than 30 days, from the date of
installation, after which time the product must be purchased for the
applicable license fee or removed entirely from the machine. Evaluation software is not to be used for commercial purposes.
(c) Backup Copies.
You may make copies of the SOFTWARE PRODUCT as may be necessary for backup
and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all
copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies or evaluation versions of the
SOFTWARE PRODUCT to third parties. You shall not make the SOFTWARE PRODUCT
available in any form to any person other than employees and contractors
whose job performance requires access.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
In-Circuit Design Pty Ltd may provide you with support services related to
the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code
provided to you as part of the Support Services shall be considered part of
the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Controlling Law and Jurisdiction.
The
EULA shall be governed by and construed under the laws of the State of
Queensland, Australia. All disputes arising out of or in relation to this
EULA shall be submitted to the exclusive jurisdiction of Queensland,
Australia where the laws of Australia apply.
3. TERMINATION
Without prejudice to any other rights, In-Circuit Design Pty Ltd may
terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE
PRODUCT and any copies thereof are owned by In-Circuit Design Pty Ltd or its
suppliers. All title and intellectual property rights in and to the content
which may be accessed through use of the SOFTWARE PRODUCT is the property of
the respective content owner and may be protected by applicable copyright or
other intellectual property laws and treaties. This EULA grants you no
rights to use such content. All rights not expressly granted are reserved by
In-Circuit Design Pty Ltd.
5. NO WARRANTIES
In-Circuit Design Pty Ltd expressly disclaims any warranty for the SOFTWARE
PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or
implied warranty of any kind, including but not limited to any warranties of
merchantability, non-infringement, or fitness of a particular purpose.
In-Circuit Design Pty Ltd does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other
items contained within the SOFTWARE PRODUCT. In-Circuit Design Pty Ltd makes
no warranties respecting any harm that may be caused by the transmission of
a computer virus, worm, time bomb, logic bomb, or other such computer
program. In-Circuit Design Pty Ltd further expressly disclaims any warranty
or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall In-Circuit Design Pty Ltd be liable for any damages
(including, without limitation, lost profits, business interruption, or lost
information) rising out of 'Authorized Users' use of or inability to use the
SOFTWARE PRODUCT, even if In-Circuit Design Pty Ltd has been advised of the
possibility of such damages. In no event will In-Circuit Design Pty Ltd be
liable for loss of data or for indirect, special, incidental, consequential
(including lost profit), or other damages based in contract, tort or
otherwise. In-Circuit Design Pty Ltd shall have no liability with respect to
the content of the SOFTWARE PRODUCT or any part thereof, including but not
limited to errors or omissions contained therein, libel, infringements of
rights of publicity, privacy, trademark rights, business interruption,
personal injury, loss of privacy, moral rights or the disclosure of
confidential information. In no event shall In-Circuit Design Pty Ltd or its
licensors liability under this agreement exceed the amount paid by the you
for the SOFTWARE PRODUCT or the service giving rise to the claim. In the
case where no amount was paid, In-Circuit Design Pty Ltd and it licensors
shall have no liability for and damages whatsoever.
7. INDEMNIFICATION
You
agree to indemnify and hold harmless In-Circuit Design Pty Ltd and its
licensors from any claims, loss, cost, damage, expense, or liability,
including attorneys fees, arising out of or in connection with the use of
the SOFTWARE PRODUCT. |