TIAH End-User License Agreement
NOTE: This product may not be set up on your computer unless or until you accept the terms of this End-User License Agreement ("EULA"). The terms of a printed, paper EULA, which may accompany the product, supersede the terms of any on-screen EULA found within the product. For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found either online in or with this product. TIAH (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. This EULA grants you the following rights:
a. SOFTWARE PRODUCT. POLYTECH CORPORATION ("PTC") grants to you a personal, nonexclusive license to install and use one copy of the SOFTWARE PRODUCT on a single computer. You may make a reasonable number of backup copies of the SOFTWARE PRODUCT on archival media pursuant to backups of the computer on which the SOFTWARE PRODUCT is installed; however, all such archival copies shall be solely for the purpose of restoring your computer configuration in the event of accidental loss of data or computer failure.
b. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
c. Storage⁄Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
d. License Pack. If you have acquired this EULA in a TIAH License Pack, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on your License Pack receipt, and you may use each copy in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a. Not for Resale Software. The SOFTWARE PRODUCT is Not for Resale ("NFR") and, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
b. Limitations 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.
c. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
d. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
e. Support Services. PTC or PTC contractors may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the PTC policies and programs described in the user manual, "online" documentation, and⁄or other PTC-provided materials. PTC has no obligation under this Agreement to provide Support Services, and the voluntary provision of Support Services by PTC or PTC contractors shall not be construed as assuming any duty to provide Support Services to you. Any supplemental software code provided to you as part of Support Services, including any software code downloaded from PTC Internet sites, shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to PTC or to PTC contractors as part of Support Services, PTC may use such information for its business purposes, including for product support and development. PTC will not utilize such technical information in a form that personally identifies you.
f. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, any Certificate of Authenticity accompanying SOFTWARE PRODUCT) and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of this SOFTWARE PRODUCT.
g. Termination. Without prejudice to any other rights, PTC 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 and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by PTC as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and⁄or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by PTC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. As provided in Section 1(a), you may make a reasonable number of copies on archival media pursuant to backups of the computer on which the SOFTWARE PRODUCT is installed. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are 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 at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is PTC.
7. EXPORT RESTRICTIONS. If the SOFTWARE PRODUCT has been delivered to you in the United States or if you are otherwise subject to United States jurisdiction, you agree that neither you nor your transferee under Section 2(f) intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE PRODUCT or related documentation and technical data or (ii) the SOFTWARE PRODUCT as described in this EULA, or process, or service that is the direct product of the SOFTWARE PRODUCT, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
8. MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Arizona.
If this product was acquired outside the United States, then local law may apply.
9. LIMITED WARRANTY
LIMITED WARRANTY. Except with respect to data files (including all drawing files, database, or other files in .dwg, .txt, .vlx, .lsp, .exe, .zip or any other format), which are provided "as is," without warranty of any kind, PTC warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials (including "online" documentation) for a period of thirty (30) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT are limited to thirty (30) days.
CUSTOMER REMEDIES. PTC's and its suppliers' entire liability and your exclusive remedy shall be, at PTC's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet PTC's Limited Warranty and that is returned to PTC with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period. Outside of the United States, neither these remedies nor any product support services offered by PTC are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PTC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE⁄JURISDICTION TO STATE⁄JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PTC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.