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Solid Concepts Inc SolidView Electronic End User Software License Agreement A copy of this license is in the file "sldview.lic". NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. Please read this Agreement carefully. This Solid Concepts Inc SolidView End User Software License Agreement accompanies the SolidView/Lite, SolidView and SolidView/Pro software products and related explanatory written materials ("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Solid Concepts. The term "Licensee" shall refer to the end user of the Software. Solid Concepts Inc grants to you a nonexclusive, nontransferable license to use the Software and Documentation, provided that you agree to the following: 1. Use of SolidView and SolidView/Pro Non-Network Licensed Software: You may install and use the Software on a single computer in a single location on a non-removable hard disk. The Software is to be used only on the single computer upon which it is installed. Installation requires an activation key to be obtained as requested by the Software. After activation, you may make one backup copy of the Software and restore it to the original computer and hard drive without an additional activation key. You may also make one backup copy of the Software before installation, provided your backup copy is not installed or used on any computer. 2. Use of SolidView/Pro Network Licensed Software: You may install and use the Software on a file server for concurrent use on a network not to exceed the number of concurrent licenses granted. Installation requires an activation key to be obtained as requested by the Software. After activation, you may make one backup copy of the Software and restore it to the original computer and hard drive without an additional activation key. You may also make one backup copy of the Software before installation, provided your backup copy is not installed or used on any computer. 3. Use of SolidView/Lite Software: You may install and use the SolidView/Lite Software on any single computer or file server for concurrent use on a network. You may give copies of the SolidView/Lite Software to other persons or entities so long as the copies are exact and complete copies of the installation program which contains the SolidView/Lite Software, and the recipient's use of the SolidView/Lite Software, is under the conditions set forth in this End User Software License. 4. Use of SolidView/Pro Publishing Software The SolidView/Pro Software contains a File|Publish function which provides the capability to make copies of the SolidView/Lite Software. You may make unlimited copies of the SolidView/Lite Software as provided for by the File|Publish function of the Software. You may give copies of the SolidView/Lite Software to other persons or entities so long as the copies are exact and complete copies of that which was generated by the File|Publish function of the Software. Both your use and the recipient's use of the SolidView/Lite Software is under the conditions set forth this End User Software License. 5. Restrictions on Use: Use of the Software is limited to processing the work of the Licensee's own business, including the work of any unincorporated divisions and majority owned subsidiaries. Licensee is expressly forbidden to cause or permit disclosure, display, loan, publication, transfer of possession (whether by sale, exchange, gift, operation of law or otherwise), sublicensing, rental or other dissemination or use of the Software, in whole or in part, to or for any other subsidiary or third party. Licensee is expressly forbidden to cause or permit the automatic operation of the Software for the purposes of translating data from one format to another, unless a Batch Converter or Directory Watch Server option has been licensed. 6. Transfer: You may not transfer, rent, lease, sublicense or lend the Software or Documentation without written authorization from Solid Concepts Inc. 7. Limited Warranty: Solid Concepts Inc warrants to you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software. To make a warranty claim, you must notify Solid Concepts Inc within such thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Solid Concepts Inc's, option, the replacement of the Software or the refund of the license fee you paid for the Software. SOLID CONCEPTS INC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR SOLID CONCEPTS' OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SOLID CONCEPTS INC AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL SOLID CONCEPTS INC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SOLID CONCEPTS INC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact Solid Concepts' Customer Support. 8. Governing Law and General Provisions: This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Solid Concepts Inc. 9. Notice to Government Licensees: If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (C) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished- rights reserved under the copyright laws of the United States. Solid Concepts Inc, 28231 Avenue Crocker #10, Valencia, CA 91355. SolidView is a registered trademark of Solid Concepts Inc.
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