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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.
1.6 Third-Party Licensed Materials. The Autodesk Materials might have or be coupled with third-party software, data or another materials that are be subject to and provided according to terms that happen to be in addition to or different in the terms set forth on this Agreement. Such terms could be included or referenced in or by using these third-party software, data or some other materials, within the Р В РІР‚ВВВВВВВAbout boxР В Р’РвЂв„
1.7 Relationship Programs. Autodesk may offer to Licensee, and if so Licensee may be involved in one 1 or even more Relationship Programs applicable to your Licensed Materials licensed to Licensee under this Agreement etc Relationship Programs can sometimes include rights besides or totally different from those set forth in this particular Agreement. Any Relationship Programs are susceptible to AutodeskР В РІР‚ВВВВВВВs terms therefor, which terms are set forth from the applicable Relationship Program Terms. Licensee agrees when it requests, accepts, or employs any Relationship Pr
1.8 Services. Autodesk may provide, and Licensee may want to receive or gain from, certain Services every once in awhile. Any Services are at the mercy of AutodeskР В РІР‚ВВВВВВВs terms therefor, which terms are set forth inside applicable Services Terms. Licensee agrees that in case it requests, accepts, or uses any Services, Licensee are going to be bound by such terms, as they could be modified every once in awhile in accordance using the applicable Services Terms and the like terms, as so modified every so often, undoubtedly are a part of and incorporated by reference into this Agre
1.9 Archival Copy. LicenseeР В РІР‚ВВВВВВВs license under Section 1.1 License Grant includes the authority to make a single archival copy with the Licensed Materials within the Territory, providing a the single-copy limitation won't apply to copies made just as one incidental a part of a routine backup of LicenseeР В Р’В Р Р†РВВ
1.10 Nature of Licenses. Licensee acknowledges and agrees that after Licensee acquires a license of Licensed Materials, including via a Relationship Program or Services, LicenseeР В РІР‚ВВВВВВВs acquisition is neither contingent around the delivery of a typical future features or functionality nor susceptible to any public or another comments oral, written you aren't 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 many or different terms associated with your API Information or Development Materials a are confidential and proprietary to Autodesk, b most likely are not distributed, disclosed or else provided to businesses, c can be used only internally in support of in conjunction with and then for LicenseeР В РІР‚ВВВВВВВs own authorized internal use in the Licensed Materials in which the API Information or Development Materials relate, such
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 your contrary on this Agreement, no license is granted whether expressly, by implication or elsewhere under this Agreement and this also Agreement expressly excludes any right a to Excluded Materials, b to your Autodesk Materials that Licensee didn't acquire lawfully or that Licensee acquired in violation of or perhaps in a manner inconsistent using this Agreement, c for Installation of or Access on the Licensed Materials after dark applicable license term whether a restricted term or Relationship Program period or term or outside the scope with the applicable License Type or Permitted Number, d for Installation on the Licensed Materials on any Computer apart from a Computer owned or leased, and controlled, by Licensee, unless otherwise authorized in making by Autodesk, e to distribute, rent, loan, lease, sell, sublicense, transfer or otherwise not provide all or any portion with the Autodesk Ma
2.1.2 Licensed Materials like a Single Product. The Licensed Materials are licensed to Licensee to be a single product plus the applicable components is probably not separated for Installation or Access and many types of such components has to be Installed and Accessed on precisely the same Computer except as authorized on paper by Autodesk.
2.1.3 Territory. Except as otherwise authorized written by Autodesk, the licenses granted within this Agreement are granted just for the Territory. Nothing with this Agreement permits Licensee including, without limitation, LicenseeР В РІР‚ВВВВВВВs Personnel, if any to Install or Access the Licensed Materials outside with the Territory.
2.1.4 Effect of Unauthorized Use. Licensee is not going to engage in, and will not likely permit or assist any vacation to take part in any from the uses or activities prohibited or any uses or activities inconsistent while using limitations described in this particular Section 2.1 Limitations and Exclusions collectively, Р В РІР‚ВВВВВВВUnauthorized UsesР В Р’В Р РвР
2.2.1 Licensee might not i utilize any equipment, device, software, and other means to or created to circumvent or remove any type of technical protection utilised by Autodesk in connection while using Autodesk Materials, or ii Install or Access the Autodesk Materials with any product code, authorization code, serial number, or some other copy-protection device not provided by Autodesk directly or by way of a Reseller. Without limitation with the generality on the foregoing, Licensee may well not utilize any equipment, device, software, or another means to or meant to circumvent or eliminate the Autodesk License Manager or any tool or technical protection measure provided or presented by Autodesk for managing, monitoring or controlling Installation of or Access to Autodesk Materials.
2.2.2 Licensee would possibly not utilize any equipment, device, software, or another means to or built to circumvent or remove any usage restrictions, in order to enable functionality disabled by Autodesk, in connection together with the Excluded Materials. Licensee would possibly not bypass or delete any functionality or technical limitations from the Autodesk Materials that or that happen to be designed to prevent or inhibit the unauthorized copying of, Installation or Access to your Excluded Materials.
Autodesk as well as its licensors retain title to and ownership of, and many types of other rights regarding, the Autodesk Materials and all sorts of copies thereof, including, without limitation, any related copyrights, trademarks, trade secrets, patents, and also other intellectual property rights. Licensee just has the limited licenses granted with respect towards the Licensed Materials expressly set forth within this Agreement, and Licensee doesn't have any other rights, implied or otherwise not. Licensee acknowledges and agrees how the Autodesk Materials are licensed, not sold, and this rights to Install and Access the Licensed Materials are acquired only in the license from Autodesk. The structure and organization of Software included from the Autodesk Materials, any source code or similar materials pertaining to such Software, any API Information and Development Materials both as described in Section 1.11 APIs, as well as any other Licensed Materials recognized as confidential or proprietary are valuable trade tips for, and confid
4. Privacy; Use of Information; Connectivity
4.1 Privacy and Use of Information. Licensee acknowledges and agrees that Licensee and businesses acting on LicenseeР В РІР‚ВВВВВВВs behalf may provide, and Autodesk and its particular Resellers and any other companies acting with respect to Autodesk as well as Resellers may obtain, certain information and data regarding Licensee including, without limitation, private information and LicenseeР В Р’В РВВВ
4.2 Connectivity. Certain Licensed Materials may facilitate or require LicenseeР В РІР‚ВВВВВВВs access to and utilize of content and services that happen to be hosted online on a website maintained by Autodesk or by others. In some cases, such content and services can take place to be a feature or function within, or extension of, the Licensed Materials on LicenseeР В Р’В Р РВВ
5. Limited Warranty and Disclaimers
5.1 Limited Warranty. Autodesk warrants that, as with the date where the Licensed Materials are transported to Licensee as well as for ninety three months thereafter or when the license term is shorter, such shorter period Р В РІР‚ВВВВВВВWarranty PeriodР В РІРвРвРв
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 OPERATIO
6.1 Functionality Limitations. The Licensed Materials and Services apart from Licensed Materials suitable for non-commercial use, like Autodesk Materials created to be used for household and other consumer purposes or licensed just for purposes of educational or individual learning are commercial professional tools intended to be made use of by trained professionals only. Particularly inside the case of economic professional use, the Licensed Materials and Services are certainly not a substitute for LicenseeР В РІР‚ВВВВВВВs professional judgment or independent testing. The L
6.2 Activation Codes and Security.
6.2.1 Activation Code Required for Installation/Access and Continued Use. Installation of and Access towards the Licensed Materials require, as well as the continued use thereof may every so often require, activation codes issued by Autodesk. Registration could possibly be required before an activation code is distributed by Autodesk. Licensee will give you Autodesk and its particular Reseller with any information essential for such registration and agrees that any information given to Autodesk or its Reseller will likely be accurate and current. Licensee will likely maintain increase LicenseeР В РІР‚ВВВР
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, LICENSEEР В РІРвЂРР
6.2.3 Effect of Activation Codes. Licensee acknowledges and agrees that receipt connected with an activation code whether or not offered to Licensee in error will not likely constitute proof of or customize the scope of LicenseeР В РІР‚ВВВВВВВs license rights. Those rights are going to be only as set forth in this particular Agreement and also the applicable License Identification.
6.3 Affected Data. Work product along with other data designed with Licensed Materials provided under certain License Types, including licenses that limit the permitted purpose to educational purposes or personal learning purposes, might have certain notices and limitations which will make the work product as well as other data usable only in specific situations, only within the education field. In addition, if Licensee combines or links work product or some other data created by using these Licensed Materials with work product or another data otherwise created, then such other work product or data can be affected by these notices and limitations. Autodesk may have no responsibility or liability whatsoever if Licensee combines or links work product and other data created basic Licensed Materials with work product and other data otherwise created. In addition, Licensee will not likely remove, alter or obscure such a 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.
8.1 Term; Termination or Suspension. Each license under this Agreement, for each specific group of Licensed Materials included in this Agreement, can be effective as on the latest to happen of: a this Agreement becoming effective, b payment by Licensee in the applicable fees, excluding licenses like evaluation licenses where no fees are important, c delivery on the specific Licensed Materials, and d within the case of Autodesk Materials provided associated with a Relationship Program, upon commencement with the applicable Relationship Program period or fixed term. Each of Autodesk or Licensee may terminate this Agreement, LicenseeР В РІРвЂСввЂ
Licensee acknowledges and agrees that Autodesk may assign or sub-contract all of its rights or obligations under this Agreement.
8.2 Effect of Termination of Agreement or License. Upon termination or expiration with this Agreement, the licenses granted hereunder will terminate. Upon termination or expiration of a typical license granted to Licensee, Licensee must cease all usage of Autodesk Materials this agreement such license applies, any Relationship Program including, without limitation, associated services, and then any Services and Uninstall all copies in the Autodesk Materials. At AutodeskР В РІР‚ВВВВВВВs request, Licensee agrees to destroy or resume Autodesk or Reseller from where they were
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 the Agreement.
9.1 Notices. Notices in connection on this Agreement by either party will likely be in writing and is going to be sent by email, postal service, or perhaps a delivery service including UPS, FedEx or DHL, with the exception that Licensee would possibly not provide notice to Autodesk associated with an Autodesk breach or provide notice of termination in this Agreement by piece of email. Notices from Autodesk to Licensee are going to be effective a within the case of notices by email, one day after sending to your email address presented to Autodesk, or b within the case of notices by mail or delivery service, five 5 days after sending by regular post or delivery service for the address made available to Autodesk. Licensee hereby consents to service of process being effected on Licensee by registered mail sent towards the address set forth on LicenseeР В Р’В Р РВ
9.2 Governing Law and Jurisdiction. This Agreement are going to be governed by and construed in accordance with all the laws of the Switzerland if Licensee acquired the Autodesk Materials in the country in Europe, Africa or even the Middle East, b Singapore if Licensee acquired the Autodesk Materials in the country in Asia, Oceania or even the Asia-Pacific region, or c the State of California and, for the extent controlling, the federal laws in the United States if Licensee acquired the Autodesk Materials within a country inside the Americas like the Caribbean and other country not specified in this particular Section 9.2 Governing Law and Jurisdiction. The laws for these jurisdictions shall govern without reference towards the conflicts-of-laws rules thereof. The UN Convention on Contracts with the International Sale of Goods along with the Uniform Computer Information Transaction Act shall not connect with and are excluded from your laws governing this Agreement. In addition, each party agrees that any claim, action or dispute arising under o
9.3 No Assignment; Insolvency. Licensee might not exactly assign this Agreement or any rights hereunder whether by buying stock or assets, merger, change of control, operation of law, you aren't without Autodesks prior written consent, which could possibly be withheld in Autodesks sole and absolute discretion, and then any unauthorized purported assignment by Licensee will probably be void. In the context from a bankruptcy or similar proceeding, Licensee acknowledges and agrees this Agreement is and should be treated just as one executory contract that most likely are not assumed and/or assigned without Autodesks prior written consent, which consent could possibly be withheld in Autodesks sole and absolute discretion whether pursuant to Section 365c1 of Title 11 with the United States Code and other applicable law respecting treating executory contracts within bankruptcy. Any assignment it doesn't matter how or about what basis the assignment may occur will likely be conditioned on compliance together with the following: at the least thirty four weeks before a
9.4 Autodesk Subsidiaries and Affiliates. Licensee acknowledges and agrees that Autodesk may arrange to possess its subsidiaries and affiliates do activities in connection using this Agreement, including, without limitation, delivering Autodesk Materials and providing Relationship Programs and Services, providing Autodesk instead of such subsidiaries and affiliates will remain at the mercy of the obligations of Autodesk under this Agreement. Licensee also agrees that AutodeskР В РІР‚ВВВВВВВs subsidiaries and affiliates may enforce including taking actions for
9.5 Exceptions to Prohibitions; Severability.
9.5.1 Exceptions to Prohibitions. The prohibitions contained in this particular Agreement is not going to apply where and for the extent applicable law won't allow such prohibitions being enforced. Licensee could have other rights in the laws from the state or country from the Territory the place that the Licensed Materials are acquired, this also Agreement won't change LicenseeР В РІР‚ВВВВВВВs rights beneath the laws of which state or country if and on the extent the laws of which state or country tend not to permit this Agreement for this. Licensee will bear the responsibility of proof to demons
9.5.2 Severability. If and to your extent any provision with this Agreement is held illegal, invalid, or unenforceable in whole or perhaps part under applicable law, such provision or such portion thereof will likely be ineffective as towards the jurisdiction in which it is unlawful, invalid, or unenforceable towards the extent of the company's illegality, invalidity, or unenforceability and are going to be deemed modified for the extent important to conform to applicable law so that you can give the maximum effect to your intent from the parties. The illegality, invalidity, or unenforceability of which provision because jurisdiction is not going to in any way get a new legality, validity, or enforceability of these provision or some other provision of the Agreement in almost any other jurisdiction.
9.6 No Waiver. No term or provision in this Agreement will likely be considered waived, with out breach excused, unless such waiver is in making signed on behalf from the party against which the waiver is asserted. No waiver whether express or implied will constitute consent to, waiver of, or excuse of the other, different, or subsequent breach.
9.7 Audits. Licensee agrees that Autodesk has the authority to require an audit electronic or otherwise on the Autodesk Materials along with the Installation thereof and Access thereto. As section of any such audit, Autodesk or its authorized representative can have the right, on fifteen 15 daysР†prior notice to Licensee, to inspect LicenseeР В Р’В Р РР
9.8 Language. The English language version in this Agreement is legally binding in case from a inconsistencies between English version and then for any translations. If Licensee purchased the license to the Licensed Materials in Canada, Licensee agrees for the following: The parties hereto make sure it is their wish that Agreement, along with documents relating hereto, including notices, happen to be and will likely be written within the English language only. Les parties ci-dessus confirment leur dцsir que cet accord ainsi que tous les documents, y com
9.9 Construction. Ambiguities with this Agreement will not likely be construed contrary to the drafter.
9.10 Force Majeure. Autodesk will not likely be accountable for any loss, damage or penalty as a result of delays or failures in performance caused by acts of God, supplier delay and other causes beyond AutodeskР В РІР‚ВВВВВВВs reasonable control.
9.11 Government Rights. For Government procurements, all Autodesk Materials are deemed to become commercial software package as defined in FAR 12.212 and at the mercy of restricted rights as defined in FAR Section 52.227-19 Р В РІР‚ВВВВВВВCommercial Computer Software - Restricted RightsР В Р’В Р Р†РВР
9.12 Export Control. Licensee acknowledges and agrees that this Autodesk Materials and Services including any data submitted by Licensee regarding the a Service and then any Licensee-specific output generated with a Service are be subject to compliance with United States and also other applicable country export control and trade sanctions laws, foibles, including, without limitation the regulations promulgated because of the Department of Commerce along with the Department from the Treasury collectively, Р В РІР‚ВВВВВВВExport Control LawsР В Р’ВВ
b modified Sample defined below code and then any resulting binary files in Licensee Application are recognized as developed by Licensee, rather than by Autodesk;
c Licensee Application has LicenseeР В РІР‚ВВВВВВВs copyright notice;
d any Modification defined below, and resulting binary files, shall add the copyright notices of Autodesk, Inc. along with the following statement: Р В РІР‚ВВВВВВВThis software contains copyrighted code belonging to Autodesk, Inc. but continues to be modified and is not endorsed by Autodesk, Inc.Р В Р’В Р Р†РР
e distribution is strictly for not-for-profit purposes;
f distribution is in either binary form or text form;
g distribution is at the mercy of a standard kind of click-through end-user license agreement which license agreement, among other things:
1 protects Autodesks interests consistent with all the terms of the Agreement; and
2 prohibits the redistribution in the Redistributable Component;
h should the Redistributable Component operates using the Autodesk 3ds Max Software and/or Autodesk 3ds Max Design Software sufficient reason for Licensee Application then before reproduction and distribution on the Redistributable Component and Licensee Application all MIDI files are actually excluded from your Redistributable Component and Licensee Application; and
i Licensee agrees to shield, indemnify and hold harmless Autodesk as well as subsidiaries and affiliates from and against any and all of damages, costs, losses, liabilities, expenses and settlement amounts incurred regarding the any suit, claim or action by any alternative party alleging 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 in the foregoing and all sorts of rights or varieties of protections of an similar nature having equivalent or similar effect to your of these, which might subsist anywhere within the world, of such alternative.
1 Licensee Application means, with regard for the Software, a Modification manufactured by Licensee for designing, developing, and testing a questionnaire program expressed by Licensee.
2 Modification means any: i addition towards the substance of an Sample or any addition towards the substance in the contents of any file containing a Sample; ii any deletion through the structure of any Sample, or any deletion from your structure in the contents of the file containing a Sample; and/or iii any new file containing any component of a Sample; these all, in AutodeskР В РІР‚ВВВВВВВs sole discretion, ensures how the Sample isn't the primary way to obtain value.
3 Redistributable Component means the Samples and/or even a Modification.
4 Samples means sample source code, or individual animations, still images, and/or audio tracks contained within the Software, and located inside the samples directory, the examples subdirectory, samples files or any similar type directory or file.
10.3 Additional Terms; Certain Softimage Materials. This Section 10.3 Additional Terms; Certain Softimage Materials applies for the following Software that might be included inside the Licensed Materials: i Autodesk Softimage Mod Tool software; and ii Autodesk Softimage Mod Tool Pro software.
10.3.1 Autodesk Softimage Mod Tool Software. In the event the Software is Autodesk Softimage Mod Tool Software next the applicable Exhibit B License Type is B. 4. Educational Stand-alone Individual License.
10.3.2 Autodesk Softimage Mod Tool Pro Software. In the event the Software is Autodesk Softimage Mod Tool Pro Software, then a applicable Exhibit B License Type is B. 1. Stand-alone Individual License, however, LicenseeР В РІР‚ВВВВВВВs Internal Business Needs are limited on the design, development and testing associated with an application program made to function using the Software for LicenseeР В Р’ВВВВВВ
11. Additional Terms: Quantity Take Off.
This Section 11 Additional Terms; Quantity Take Off applies to your Quantity Take Off Software that could be included inside Licensed Materials Р В РІР‚ВВВВВВВQTO SoftwareР В РІР‚РвЂР
11.1 The QTO Software is operating out of part within the work on the Independent JPEG Group.
11.2 Portions on the QTO Software include Crystal Reports Runtime Software Р В РІР‚ВВВВВВВRuntime SoftwareР†licensed
a Licensee agrees to not alter disassemble, decompile, translate, adapt or reverse-engineer the Runtime Software or even the report formatting;
b Licensee agrees to not distribute the Runtime Software with any general-purpose report writing, data analysis or report delivery product or other product that performs precisely the same or similar functions as Business ObjectsІproduct offerings;
c Licensee agrees to never use the Runtime Software to make for distribution a creation that is generally competitive with Business Objects product offerings;
d Licensee agrees to never use the Runtime Software to make for distribution a creation that converts the report formatting to an alternative report data format used by any general-purpose report writing, data analysis or report delivery product that isn't the property of Business Objects; and
e Licensee agrees not to ever use the Crystal Reports Software over a rental or timesharing basis as well as to operate a service bureau facility to the benefit of third-parties.
11.3 BUSINESS OBJECTS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. BUSINESS OBJECTS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER UNDER THIS AGREEMENT OR IN CONNECTION WITH THE CRYSTAL REPORTS SOFTWARE.