EULA (Pro Edition)

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EngiLab Beam.2D PRO Edition

End User License Agreement (EULA)

 

IMPORTANT: Read the following terms carefully before installing, using and copying EngiLab Beam.2D PRO Edition (the "Software Product"). By installing, using and copying the Software Product you agree to accept all of the following terms. If you do not agree with the terms of this EULA, you must not use the Software Product.

 

This End-User License Agreement ("EULA"), effective as of the date you accept the terms hereof, is a legal agreement entered into between EngiLab Co. ("EngiLab") and you (either an individual or a single entity), the end user of the Software Product identified above, which includes computer software and may include associated media, printed materials, and online or electronic documentation. The parties agree as follows:

 

1.SCOPE

 

In accordance with the terms herein, EngiLab grants to you, and you accept from EngiLab, a non-exclusive, non-transferable and non-assignable, limited license to use the current version of EngiLab's 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. All rights not expressly granted are reserved by EngiLab.

 

2.DEFINITIONS

 

Software Product means the EngiLab paid (Pro Edition) software accompanying this EULA, which includes executable modules and electronic documentation and may include associated media, printed materials and information available at the product web site protected by copyright laws. The Software Product also includes any updates and supplements to the original Software Product provided by EngiLab. Any software provided along with the Software Product that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.

 

3.GRANT OF LICENSE

 

EngiLab grants you a limited, non-exclusive, non-transferable, non-renewable license to install, use, access, display, run, or otherwise interact with the Software Product. This Pro Edition of the Software Product is provided to you for any legal use (personal, educational, academic, non-profit or commercial use).

 

The Pro Edition of the Software Product requires a License Key in order to operate. Upon purchase of the Software Product, the user automatically receives a License Key via email which is to be used with the specific Software Product. The License Key is bound to the specific user via the "Registration Name" that was given by the user and it certifies that the copy of the program is original.

 

The Software Product needs also an Activation Key in order to be activated and run. Normally, after the user enters the License Key, the program connects with EngiLab Servers in order to obtain an Activation Key online. The Activation Key is bound to the specific License Key and to the specific Computer that asked for it. Unlike the License Key that can be used in more than one Computers, an Activation Key obtained for one Computer cannot be used to activate the Software Product on another Computer.

 

One User - Two Machines per License Policy: The maximum number of allowed Activations per License Key is two (2). This means that a user having purchased the Software Product and being given a License Key is eligible for 2 Activation Keys, for use with two different Computers, provided only one computer is in use at any given time. The two different Computers will have the same License Key, but different Activation Keys. As a result, a user can use the same License Key for his primary (e.g. Desktop) and secondary (e.g. Laptop) Computer and each Computer can obtain a unique Activation Key bound to it.

 

The EULA permits use of the Software Product during unlimited period of time. The Software Product may be used as many times as you like, for as long as you like. You may copy the Software Product only for your own use or for your own backup purposes, provided that you keep this copyright notice and disclaimer of warranty intact. You may not copy or distribute copies of the Software Product to any third party for any use. You must not charge money or fees for the Software Product to anyone.

 

4.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

 

4.1You may not resell, or otherwise transfer for value, the Software Product under any circumstances. You may not charge any fees for the copy or use of the Software Product itself. You must not represent in any way that you are selling the Software Product itself.

 

4.2You may not make modifications to the Software Product, or decompile, disassemble, reverse engineer or modify the Software Product or any portion of it. You may not combine other commercial applications with, or otherwise prepare derivative works of the Software.

 

4.3The Software Product is licensed as a single product. Its component parts may not be separated not within the Software Product.

 

4.4This EULA does not grant you any rights in connection with any trademarks or service marks of EngiLab.

 

4.5You may not rent, lease, or lend the Software Product to other users.

 

4.6You may not make any transfers of this EULA and Software Product to a third party.

 

5.COPYRIGHT

 

The title and all 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 all copies of the Software Product are owned at all the time by EngiLab. 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. Software Product documentation is provided in electronic form. You may print copies of such electronic documentation.

 

6.LIMITED WARRANTY

 

EngiLab has made every effort to make the use of the Software Product as reliable and safe as possible. To the best of our knowledge this software is accurate and complies with the standards of good engineering practice. However, no responsibility whatsoever is accepted to any person or company whatsoever, nor is any duty or obligation owed to them as regards the accurate and safe use of this software or part thereof. EngiLab expressly disclaims any warranty that the Software Product will meet your requirements or operate under your specific conditions of use. EngiLab makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The Software Product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software Product remains with you.

 

YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ENGILAB WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

 

7.DISCLAIMER OF DAMAGES

 

Under no circumstances shall EngiLab, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) resulting from this EULA, or from the furnishing, performance, installation, use, or inability to use the Software Product, whether due to a breach of contract, breach of warranty, or the negligence of EngiLab or any other party, even if EngiLab is advised beforehand of the possibility of such damages and known defects. To the extent that the applicable jurisdiction limits EngiLab's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

 

8.TERM AND TERMINATION

 

8.1This EULA comes into effect when you install the Software Product on your computer, and is effective for the entire period of use of the Software Product.

 

8.2Any use in violation of this EULA shall constitute not only breach of this EULA, but a violation of national and international copyright laws. Any use of the Software Product that infringes upon EngiLab's intellectual property rights will be investigated and EngiLab shall have the right to take appropriate civil and criminal legal action.

 

8.3Without prejudice to any other rights, EngiLab 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.