IMPORTANT - READ CAREFULLY.
This License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity) and Creative Metasoft for the software product identified above which includes computer software and online or electronic documentation and may include associated media and printed materials (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE PRODUCT.
Software Product License
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 for a finite period of time, not sold.
1. GRANT OF LICENSE.
This Agreement grants you certain limited, non-exclusive rights. Creative Metasoft reserves all rights not expressly granted to you.
1a. MULTIPLE EDITIONS OF THE SOFTWARE PRODUCT. The SOFTWARE PRODUCT consists of
two primary editions, the architect edition (ARCHITECT), and one or more
implementations of the business edition (BUSINESS).
1b. Each Creative Modeler user must have an active user account. The total
number of active user accounts must not exceed the total number of purchased
licenses for your organization. A Creative Modeler user may use his/her user
account from any computer, but may not use his/her account from multiple
computers simultaneously. BUSINESS user accounts can only be used for the
BUSINESS edition of the software. ARCHITECT user accounts can be used for the
BUSINESS edition or the ARCHITECT edition of the software.
2. COPYRIGHT.
All rights, 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) and any copies of the SOFTWARE PRODUCT are owned by Creative Metasoft 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 make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3a. 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.
3b. Rental. You may not rent or lease the SOFTWARE PRODUCT.
3c. Software Transfer. You may permanently transfer all of
your rights under this Agreement, provided you retain no copies, you transfer
all of the SOFTWARE PRODUCT (including all component parts, the media and
printed materials, any upgrades, and this Agreement), and the recipient agrees
to the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade, any
transfer must include all prior versions of the SOFTWARE PRODUCT.
3d. Termination. Without prejudice to any other rights,
Creative Metasoft may terminate this Agreement if you fail to comply with the
terms and conditions of this Agreement. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts.
3e. Distribution. You may not distribute this product, or any
portion thereof, or any derived work thereof, to anyone outside your
organization.
4. EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this Agreement (or any part thereof), 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.
5. 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 Creative Metasoft, a California company.
Miscellaneous
This Agreement is governed by the laws of the State of California. Should you have any questions concerning this Agreement, or if you desire to contact Creative Metasoft for any reason, please access our website at http://www.creativemodeler.com or contact us at info@creativemodeler.com.
NO WARRANTIES. To the maximum extent permitted by applicable law, Creative Metasoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY. Creative Metasoft's entire liability and your exclusive remedy under this Agreement shall not exceed five dollars (US $5.00).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Creative Metasoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Creative Metasoft product, even if Creative Metasoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.