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Autodesk
SOFTWARE LICENSE AGREEMENT
Worldwide
READ CAREFULLY: AUTODESK,
INC. (“AUTODESK”) LICENSES THIS SOFTWARE TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT
(“AGREEMENT”).
BY SELECTING THE “I ACCEPT”
BUTTON BELOW THIS AGREEMENT OR BY INSTALLING, UPLOADING, ACCESSING, OR OTHERWISE
COPYING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU AGREE TO BE LEGALLY
BOUND BY THIS AGREEMENT. A CONTRACT IS
THEN FORMED BETWEEN AUTODESK AND EITHER YOU PERSONALLY, IF YOU ACQUIRE THE
SOFTWARE FOR YOURSELF, OR THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH YOU ARE
ACQUIRING THE SOFTWARE.
IF YOU DO NOT AGREE OR DO
NOT WISH TO BIND YOURSELF OR THE ENTITY YOU REPRESENT: (A) DO NOT INSTALL,
UPLOAD, ACCESS, OR OTHERWISE COPY OR USE THE SOFTWARE; (B) SELECT THE “I
REJECT” BUTTON BELOW THIS AGREEMENT (WHICH WILL CANCEL THE LOADING OF THE
SOFTWARE); AND (C) WITHIN THIRTY (30) DAYS FROM THE DATE OF ACQUISITION, RETURN
THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION AND MATERIALS TO THE COMPANY
FROM WHICH YOU ACQUIRED THE SOFTWARE FOR A REFUND.
INSTALLATION, UPLOADING,
ACCESS, OR OTHER COPYING OR USE OF THIS SOFTWARE OR ANY ACCOMPANYING
DOCUMENTATION OR MATERIALS EXCEPT AS PERMITTED BY THIS AGREEMENT IS
UNAUTHORIZED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND AN
INFRINGEMENT OF THE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN SUCH
SOFTWARE, DOCUMENTATION AND MATERIALS. IF YOU INSTALL, UPLOAD, ACCESS, OR OTHERWISE
COPY OR USE ALL OR ANY PORTION OF THIS SOFTWARE WITHOUT ENTERING INTO THIS
AGREEMENT OR OTHERWISE OBTAINING WRITTEN PERMISSION OF AUTODESK, OR YOU FAIL TO
COMPLY WITH THIS AGREEMENT, YOU ARE VIOLATING COPYRIGHT AND OTHER INTELLECTUAL
PROPERTY LAW. YOU MAY BE LIABLE TO
AUTODESK AND ITS LICENSORS FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL
PENALTIES.
SOFTWARE OBTAINED FROM THIRD PARTIES THAT HAVE NOT
BEEN AUTHORIZED OR ALLOWED BY AUTODESK, DIRECTLY OR INDIRECTLY, TO SUPPLY
SOFTWARE IS LIKELY TO HAVE BEEN MADE AVAILABLE IN VIOLATION OF AUTODESK’S
RIGHTS. IN SUCH AN EVENT, AUTODESK IS
NOT OBLIGATED TO ISSUE AN ACTIVATION CODE OR OTHERWISE PERMIT YOU TO INSTALL OR
USE THE SOFTWARE.
1. DEFINITIONS
1.1 “Access” means to use or benefit from using the
functionality of the Software.
1.2 “Autodesk Materials” is the collective term for the
Software, User Documentation, and Excluded Materials.
1.3 “Computer” means a single electronic device with one
or more central processing units (CPUs) that accepts information in digital or
similar form and manipulates the information for a specific result based on a
sequence of instructions.
1.4 “Excluded Materials” means any programs, modules,
components, or functionality, if any, that may be included on media or with
materials delivered to You that are not within the License Parameters as
described in the User Documentation, or for which You have not paid the
applicable fees.
1.5 “Install” means to place a copy of Software onto a
hard disk or other storage medium through any means (including, but not limited
to, use of an installation utility application accompanying the Software).
1.6 “License Parameters” means the definition and
limitation of the applicable license scope in Section 2.2 hereof.
1.7 “Permitted Number” means a number relevant for the
applicable License Parameters that Autodesk may specify in the applicable User
Documentation. The Permitted Number is one (1) unless otherwise provided by in
such User Documentation.
1.8 “Software” means the computer program in which this
Agreement is embedded or that is delivered prepackaged with this
Agreement. If programs are delivered to
You as part of a bundled package, suite, or series, the term Software shall
include all programs delivered to You as part of that bundled package, suite,
or series and described in the User Documentation.
1.9 “Territory” means the country in which You acquire the
Software, unless (i) You acquire the Software in a member country of the
European Union or the European Free Trade Association, in which the case
“Territory” means all the countries of the European Union and the European Free
Trade Association; or (ii) otherwise specified in the User Documentation.
1.10 “Uninstall” means to destroy or remove.
1.11 “User Documentation” means the explanatory printed or
electronic materials that Autodesk or its authorized distributor incorporates
in or delivers in or on a package with the Software or sends to You on an
invoice, via email, facsimile, or otherwise when or after You acquire or Install
the Software, including, but not limited to, license specifications, activation
code, license files, instructions on how to use the Software, and/or technical
specifications.
1.12 “You” means you personally (i.e., the individual who
reads and is prompted to accept this Agreement) if you acquire the Software for
yourself, or the company or other legal entity for which you acquire the
Software (but not the affiliates, subsidiaries or other related legal entities
of such company or legal entity).
2. SOFTWARE LICENSE
2.1 License Grant.
Autodesk grants You a nonsublicensable, nonexclusive, nontransferable,
limited license to Install and use machine-readable object code copies of the
Software and User Documentation in Your Territory, in
accordance with the applicable User Documentation and within the scope of the
License Parameters. Autodesk’s license grant (and, with that
grant, Your right to Install and use the Software and User Documentation) is
conditioned on Your continuous compliance with all license limitations, restrictions
and other terms in this Agreement. If
You violate any of these limitations, restrictions or other terms, the license
grant will automatically and immediately terminate. The license descriptions in this Section 2
(Software License) define the scope of rights that Autodesk grants to You. Any usage of the Software or User
Documentation outside the scope of the applicable license grant or otherwise
not in accordance with this Agreement constitutes an infringement of Autodesk’s
intellectual property rights as well as a material breach of this
Agreement. No license is granted under
the terms of this Agreement to Excluded Materials (if any). No license is granted under the terms of this
Agreement if You did not lawfully acquire the Software from Autodesk or from a
third party who has been permitted or authorized by Autodesk either directly or
indirectly to supply the Software.
2.2 License Parameters.
Autodesk’s license grant is subject to one or more of the License
Parameters defined in this Section 2.2 (License Parameters) as specified in the
User Documentation. Unless Autodesk
expressly specifies or agrees otherwise in the User Documentation, all Software
shall be governed solely by the license for Stand-alone (Individual) Versions
set forth in Section 2.2.1 (Stand-alone (Individual) Version).
2.2.1 Stand-alone
(Individual) Version. If Autodesk
identifies the Software as a “Stand-alone Version” or as an “Individual
Version” or if the User Documentation does not identify the Software by any of
the version designations set forth in Sections 2.2.2 (Multiseat Stand-alone)
through 2.2.6 (Evaluation Version), You may Install and Access one (1) copy of
the Software on one (1) individual Computer, solely for Your internal business needs.
You may not allow the Software to be Accessed, operated, or viewed from, or
Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted by
Autodesk, You may not Install or Access the Software other than on one (1)
Computer at a time.
2.2.2 Multiseat
Stand-alone Version. If Autodesk
identifies the Software as a “Multiseat Stand-alone Version”, You may Install
and Access the Permitted Number of copies of the Software on the Permitted
Number of individual Computers, solely for Your internal business needs. You may not allow the Software to be
Accessed, operated or viewed from, or Installed or uploaded to, other Computers
through a network connection. Except as
otherwise explicitly permitted by Autodesk, You may not Install or Access the
Software other than on the Permitted Number of Computers at any one time,
2.2.3 Network
Version. If Autodesk identifies the
Software as a “Network Version” in the applicable User Documentation, You may
Install and Access one (1) copy of the Software on Your file server Computer,
for Your own internal business needs, using the Autodesk License Manager tool
(if any). The Software may be Installed
on or Accessed by other Computers, or on an individual Computer, as a multiple-user
installation, so long as the maximum number of concurrent users does not exceed
the Permitted Number.
2.2.4 Educational
Institutional Version. If Autodesk
identifies the Software as an “Educational Institutional Version” in the
applicable User Documentation, You may Install and Access one (1) copy of the
Software on up to the Permitted Number of Computers, only for educational
purposes (as further specified in the applicable User Documentation) and for no
other purpose. Without limiting the foregoing,
Educational Institutional Versions of the Software may not be used for
commercial, professional, commercial training or other for-profit
purposes. Additionally, functional
limitations apply, as set forth in Section 6 (Warnings).
2.2.5 Student
Version and Personal Learning Edition.
If Autodesk identifies the Software as a “Student Version” or “Personal
Learning Edition” in the applicable User Documentation, You may Install and
Access a single copy of the Software on up to the Permitted Number of
Computers, only for personal learning purposes, and no other purpose. Unless otherwise provided by Autodesk in the
User Documentation, Student Versions and Personal Learning Editions of the
Software may be used for a period of one (1) year from the date You first
Install the Software. Without limiting
the foregoing, Student Versions and Personal Learning Editions of the Software
may not be used for commercial, professional or other for-profit purposes and
functional limitations apply, as set forth in Section 6 (Warnings). Additionally, Student Versions may only be
used by faculty, staff members and degree, diploma or certificate-seeking
students at qualified educational institutions.
For purposes of this Section, a degree, diploma or certificate-seeking
student means a student who is, at the time of Installation of the Student
Version, enrolled at a recognized educational institution for (i) three (3) or
more credit hours in a degree-granting educational program; or (ii) a
nine-month or longer certificate program.
Upon request by Autodesk, You agree to provide proof of such
enrollment.
2.2.6 Evaluation
Version. If Autodesk identifies the
Software as a demonstration, evaluation, trial, “not for sale” (“NFS”) or “not
for resale” (“NFR”) version (“Evaluation Version”) in the applicable User
Documentation, You may Install and Access one copy of the Software only for the
purpose of evaluation and demonstration.
Without limiting the foregoing, You may not use it for competitive
analysis, or commercial, professional, or other for-profit purposes. The
Evaluation Version may only be Installed for a thirty (30) day evaluation
period, unless otherwise specified by Autodesk in writing. Additionally, functional limitations apply,
as set forth in Section 6 (Warnings).
2.2.7 License
Term. Subject to the terms and
conditions of this Agreement, the license to use the Software is perpetual,
unless the Software qualifies as an Evaluation Version, a Student Version,
Personal Learning Edition or is designated as a fixed-term license, a limited
duration license or a rental license. In
such cases, the term of the license shall be the term identified by Autodesk in
the applicable User Documentation (the “Designated Term”) or the term
for which You have paid, whichever is less.
If Autodesk identifies the Software as licensed for a fixed term,
limited duration or rental and does not specify a term, then the Designated
Term shall expire ninety (90) days after the date You first Install the
Software. Use of the Software beyond the applicable license term, or any
attempt to defeat the time-control disabling function in the Software is an
unauthorized use and constitutes a material breach of this Agreement and a
violation of intellectual property law.
2.3 Upgrades. If
Autodesk labels the Software in the User Documentation as an upgrade or update
(“New Version”) to software previously licensed to You (“Previous
Version”), the license grant with respect to the Previous Version
terminates one hundred twenty (120) days after Installation of the New
Version. Within such one hundred twenty
(120) day period of Installing the New Version: (i) You must cease all use of
the Previous Version and Uninstall all copies of the Previous Version; and (ii)
destroy all Autodesk Materials relating to the Previous Version or, upon
request by Autodesk, return all such Autodesk Materials relating to the
Previous Version to Autodesk or the company from which they were acquired. Autodesk reserves the right to require You to
show satisfactory proof that all copies of the Previous Version have been Uninstalled
and all Autodesk Materials relating to the Previous Version have been destroyed
or returned. If You have purchased
Autodesk Subscription, You may have additional rights under the Autodesk
Subscription Agreement and the obligations in this Section may not apply to You
during the term of the Autodesk Subscription Agreement.
2.4 Crossgrades. If
Autodesk labels the Software in the User Documentation as a crossgrade (“Crossgrade”)
to software previously licensed to You (also, a “Previous Version”), the license grant with respect to the Previous
Version terminates sixty (60) days (or such other period as Autodesk may
designate in the User Documentation) (the “Crossgrade Period”) after
Installation of the Crossgrade. Within the Crossgrade Period: (i) You must
cease all use of the Previous Version and Uninstall all copies of the Previous
Version; and (ii) destroy all Autodesk Materials relating to the Previous
Version or, upon request by Autodesk, return all Autodesk Materials relating to
the Previous Version to Autodesk or the company from which they were acquired. Autodesk reserves the right to require You to
show satisfactory proof that all copies of the Previous Version have been Uninstalled
and all Autodesk Materials relating to the Previous Version have been destroyed
or returned.
2.5 Supplemental Software.
Autodesk or a third-party authorized or allowed by Autodesk in
connection with the Software licensed to You hereunder may provide You additional
software that supplements or extends the Software and that is not a New Version
or a Crossgrade. Such supplemental
software shall be subject to the terms and conditions of this Agreement except
Section 5.1 (Limited Warranty), unless otherwise specified at the time of
delivery by Autodesk or such third party.
2.6 Software Components.
The Software is licensed to You as a single product and its components
may not be separated for Installation Access or distribution on more than one (1) Computer
unless expressly permitted by Autodesk in the applicable User Documentation.
2.7 Termination.
Upon termination of the license grant or this Agreement, (i) You must
cease all use of Autodesk Materials and Uninstall all copies of the Software;
and (ii) destroy all Autodesk Materials or, upon request by Autodesk, return
all Autodesk Materials to Autodesk or the company from which they were acquired. Autodesk reserves the right to require You to
show satisfactory proof that all copies of the Software have been Uninstalled
and all Autodesk Materials have been destroyed or returned.
3. PERMITTED AND PROHIBITED ACTIONS
3.1 Permitted Actions.
3.1.1 Backup
Copy.
(a) Backup
for All Versions Other than Network Versions. With respect to any version of the Software except
a Network Version, You may make one (1)
backup copy of the Software solely for backup purposes in the event that Your
primary copy of the Software becomes inoperable. You may Install and Access such backup copy
of the Software only in the event that the primary copy of the Software becomes
inoperable and You are otherwise unable to Access the Software.
(b) Backup
for Network Versions. If You have
acquired a Network Version, You may Install one (1) backup copy of the Software
on another file server Computer solely for backup purposes in the event that
Your primary file server Computer on which the Software is Installed becomes
inoperable. You may Access such backup
copy of the Software only in the event and for so long as the primary file server
Computer on which the Software is Installed becomes inoperable and You are
otherwise unable to Access the Software.
(c) No
Backup for User Documentation.
Except as expressly permitted under Section 2.2 (License
Parameters): (a) if the User Documentation
is in printed form, it may not be copied; and (b) if the User Documentation is
in electronic form, it may not be duplicated electronically.
3.1.2 Use
Away from Usual Work Location.
(a) For
Stand-alone (Individual) and Multiseat Stand-alone Versions. If You have acquired a Stand-alone
(Individual) Version or Multiseat Stand-alone Versions, for each Permitted
Number of copies of the Software, You may Install and Access, solely within
Your Territory, one (1) additional copy of the Software on a second Computer
provided that:
(i) such second Computer is owned or leased
by You (and not by another person, such as Your employee, if any);
(ii)
such second Computer is either a
portable Computer or a nonserver Computer away from Your usual work location;
(iii)
the additional copy of Software is
Accessed solely for the purpose of enabling You (or Your employee, if any) to
perform work while away from Your usual work location;
(iv) the
original and additional copy of the Software are used only by the same person,
and only one (1) of the Software copies is Accessed at any one time; and
(v) both copies of the Software are Installed
and Accessed exclusively with the copy protection device (if any) supplied with
the Software.
(b) VPN
Access for Network Versions. If You
have acquired a Network Version, You may Access the Software solely within Your
Territory through a secure Virtual Private Network (“VPN”) provided that:
(i) the
Software is Accessed through the VPN solely for the purpose of enabling You (or
Your employee, if any) to perform work while away from Your usual work
location.
(ii) the
maximum number of concurrent users does not exceed the Permitted Number;
(iii) all
copies of the Software are Installed and Accessed exclusively with the copy
protection device (if any) supplied with the Software; and
(iv) the
VPN connection is secure and complies with current industry standard encryption
and protection mechanisms.
Nothing in this Section
3.1.2 (Use Away from Usual Work Location) permits You (or Your employee(s), if
any) to Access the Software outside of the Territory.
3.2 Prohibited Actions. Autodesk does not permit any of the following
actions and You acknowledge that such actions shall be prohibited:
3.2.1 Use. You may not (and may not permit any third
party to) Install, Access, or otherwise copy or use the Autodesk Materials
except as expressly authorized by this Agreement.
3.2.2 Reverse
Engineering. You may not (and may
not permit any third party to) reverse engineer, decompile, or disassemble the
Software or Excluded Materials (if applicable).
3.2.3 Transfers. You may not distribute, rent, loan, lease,
sell, sublicense, or otherwise transfer all or any portion of the Autodesk
Materials, or any rights granted in this Agreement, to any other person or
legal entity without the prior written consent of Autodesk.
3.2.4 Hosting
or Third Party Use. You may not
Install or Access, or allow the Installation or Access of, the Autodesk
Materials over the Internet, including, without limitation, use in connection
with a Web hosting, commercial time-sharing, service bureau, or similar
service, or make the Autodesk Materials available to third parties via the
Internet on Your computer system or otherwise.
The foregoing does not prohibit Network Version VPN Access in accordance
with the terms of Section 3.1.2(b) (VPN Access for Network Versions).
3.2.5 Notices. You may not remove, alter, or obscure any
proprietary notices, labels, or marks from or on the Autodesk Materials.
3.2.6 Modifications. You may not modify, translate, adapt,
arrange, or create derivative works based on the Autodesk Materials for any
purpose.
3.2.7 Circumvention.
(a) You
may not utilize any equipment, device, software, or other means designed to
circumvent or remove any form of copy protection used by Autodesk in connection
with the Software, or use the Software together with any authorization code,
serial number, or other copy-protection device not supplied by Autodesk
directly or through an authorized distributor.
In the case of a Network Version You may not utilize any equipment,
device, software, or other means designed to circumvent or remove the Autodesk
License Manager (if any).
(b) You
may not utilize any equipment, device, software, or other means designed to
circumvent or remove any usage restrictions, or to enable functionality
disabled by Autodesk in connection with the Excluded Materials. You may not bypass or delete any
functionality or technical limitations of the Autodesk Materials that prevent
or inhibit the unauthorized copying or use of the Excluded Materials.
3.2.8 Export. You may not export the Autodesk Materials in
violation of this Agreement, or U.S., or other applicable export control laws.
3.2.9 Use
Outside of Territory. You may not
Access the Software or User Documentation outside of the Territory.
3.2.10 Exceptions
from Prohibitions. The prohibitions
contained in this Section 3.2 (Prohibited Actions) shall apply to the extent
that applicable law (including laws implementing EC Directive 91/250 on the
legal protection of computer programs) allows such prohibition to be
enforced. You will bear the burden of
proof in demonstrating that applicable law does not allow enforcement of any
such prohibition.
4. ALL RIGHTS RESERVED
Autodesk and its licensors
retain title to and ownership of the Autodesk Materials and all copies thereof,
and all other rights and interest, including, without limitation, patents,
copyrights, trademarks, trade secrets, and other intellectual property rights,
in and to the Autodesk Materials and any copies thereof. You have only the
limited rights with respect to the Autodesk Materials expressly set forth in
this Agreement and You have not other rights, implied or otherwise. The structure, organization, and code of the
Autodesk Materials are valuable trade secrets of Autodesk and its licensors and
You shall keep such trade secrets confidential. The Software and User
Documentation are licensed, not sold.
5. LIMITED WARRANTY AND DISCLAIMERS
5.1 Limited Warranty.
Autodesk warrants that, as of the date on which the Software is
delivered to You and for ninety (90) days thereafter (“Warranty Period”),
the Software will provide the features and functions generally described in the
User Documentation and that the media on which the Software is furnished, if
any, will be free from defects in materials and workmanship. Autodesk's entire liability and Your
exclusive remedy during the Warranty Period as provided in this Section 5.1
(Limited Warranty) will be, at Autodesk's option, to attempt to correct or work
around errors, to replace the defective media on which the Software is
furnished, if any, or to refund the license fees, if any, paid by You and
terminate this Agreement. Such refund is subject to the return during the
Warranty Period of the defective media, if any, and related Autodesk Materials,
with a copy of Your receipt to Your local Autodesk office or the company from
which You acquired the Autodesk Materials.
5.2 Disclaimer.
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN SECTION 5.1
(LIMITED WARRANTY) HEREOF, AUTODESK AND ITS LICENSORS MAKE AND YOU RECEIVE NO
WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE AUTODESK MATERIALS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE
SOFTWARE AND ITS FUNCTIONALITY IN THE USER DOCUMENTATION OR ANY COMMUNICATION
WITH YOU CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR
GUARANTEE. IN ADDITION, AUTODESK AND ITS
LICENSORS SPECIFICALLY DISCLAIM ANY OTHER WARRANTY INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, AUTODESK DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
6. WARNINGS
6.1 Functionality Limitations. COMPUTER-AIDED DESIGN
SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED
PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT OR
INDEPENDENT TESTING. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL
SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR
INDEPENDENT DESIGN ANALYSIS, ESTIMATION, OR TESTING OF PRODUCT STRESS, SAFETY,
AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE
SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY
BE USED. AUTODESK SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS
OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE
RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF THE SOFTWARE. THIS
RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF
APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER
PROGRAMS TO ACHIEVE INTENDED RESULTS.
PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE
ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF
ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.
6.2 Activation Code Required.
A. INSTALLATION,
ACCESS, AND CONTINUED USE OF THE SOFTWARE MAY REQUIRE AN ACTIVATION CODE.
REGISTRATION IS REQUIRED BEFORE AN ACTIVATION CODE IS ISSUED BY AUTODESK. YOU AGREE THAT AUTODESK MAY USE DATA AND
INFORMATION PROVIDED BY YOU, A SOFTWARE RESELLER, OR ANY OTHER THIRD PARTY
ACTING ON YOUR BEHALF IN CONNECTION WITH YOUR PURCHASE OF THE SOFTWARE LICENSE
TO REGISTER THE SOFTWARE. YOU AGREE TO PROVIDE AUTODESK, ANY SOFTWARE RESELLER,
OR ANY OTHER THIRD PARTY ACTING ON YOUR BEHALF WITH ACCURATE AND CURRENT
REGISTRATION INFORMATION REQUIRED BY AUTODESK, AND YOU FURTHER AGREE TO
MAINTAIN AND UPDATE YOUR REGISTRATION INFORMATION THROUGH CUSTOMER DATA
REGISTRATION PROCESSES THAT MAY BE PROVIDED BY AUTODESK. YOU CONSENT TO
AUTODESK’S USING THE PERSONAL INFORMATION PROVIDED TO AUTODESK AT REGISTRATION,
OR UPDATED THEREAFTER, TO ISSUE ACTIVATION CODES, TO MANAGE AUTODESK’S
RELATIONSHIP WITH YOU (INCLUDING AUTOMATING THE ISSUANCE OF ACTIVATION CODES
FOR FUTURE PURCHASES), TO VALIDATE ENTITLEMENT AND USAGE OF SOFTWARE AND TO
OTHERWISE USE AND DISCLOSE SUCH PERSONAL INFORMATION IN CONFORMANCE WITH ITS
APPLICABLE PRIVACY POLICY (AS UPDATED FROM TIME TO TIME), WHICH IS AVAILABLE ON
AUTODESK’S WEBSITE OR ON REQUEST.
B. THE
ACTIVATION SECURITY MECHANISMS MAY DISABLE THE SOFTWARE IF YOU TRY TO TRANSFER
IT TO ANOTHER COMPUTER, IF YOU TAMPER WITH THE DATE-SETTING MECHANISMS ON YOUR
COMPUTER, IF YOU USE THE SOFTWARE PAST AN APPLICABLE EVALUATION PERIOD OR
LIMITED TERM, OR IF YOU UNDERTAKE CERTAIN OTHER ACTIONS THAT MAY OFFSET THE
SECURITY MODE. MORE INFORMATION IS CONTAINED IN THE APPLICABLE USER
DOCUMENTATION OR AVAILABLE FROM AUTODESK ON REQUEST.
6.3 Educational Institutional, Student Versions, and Personal
Learning Editions. WORK PRODUCT AND
OTHER DATA CREATED WITH EDUCATIONAL INSTITUTIONAL VERSIONS, STUDENT VERSIONS,
AND PERSONAL LEARNING EDITIONS OF THE SOFTWARE CONTAIN CERTAIN NOTICES AND
LIMITATIONS THAT MAKE THE DATA UNUSABLE OUTSIDE THE EDUCATIONAL USE AREA. IF
YOU COMBINE OR LINK DATA CREATED WITH EDUCATIONAL INSTITUTIONAL VERSIONS,
STUDENT VERSIONS, OR PERSONAL LEARNING EDITIONS OF THE SOFTWARE WITH DATA
OTHERWISE CREATED, THEN SUCH OTHER DATA MAY ALSO BE AFFECTED BY THESE NOTICES
AND LIMITATIONS. AUTODESK SHALL HAVE NO
RESPONSIBILITY OR LIABILITY WHATSOEVER IF YOU COMBINE OR LINK DATA CREATED WITH
EDUCATIONAL INSTITUTIONAL VERSIONS, STUDENT VERSIONS, OR PERSONAL LEARNING
EDITIONS OF THE SOFTWARE WITH DATA OTHERWISE CREATED.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL AUTODESK
OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS
INTERRUPTION, OR COST OF COVER. IN
ADDITION, IN NO EVENT SHALL THE LIABILITY OF AUTODESK OR ITS LICENSORS FOR ANY
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, USER DOCUMENTATION,
OR THIS AGREEMENT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR THE SOFTWARE
DIRECTLY RESPONSIBLE FOR SUCH DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS
SECTION 7 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY
DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE, EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF
THEIR ESSENTIAL PURPOSE.
AUTODESK SHALL HAVE NO
RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE
SOFTWARE OR THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED TO YOU. AUTODESK SHALL NOT BE OBLIGATED TO REPLACE
ANY LOST OR STOLEN SOFTWARE OR SOFTWARE MEDIA.
YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE AND THE MEDIA
ON WHICH THE SOFTWARE IS FURNISHED AND FOR BACKING UP ANY DATA.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
All Autodesk Materials provided
to the U.S. Government are provided with the same commercial license rights and
restrictions described elsewhere herein.
9. GENERAL
9.1. No Assignment; Insolvency. You may not assign this Agreement or any
rights hereunder (whether by purchase of stock or assets, merger, change of
control, operation of law, or otherwise) and any purported assignment by You
shall be void. The Agreement and the
licenses granted hereunder shall terminate without further notice or action by
Autodesk if You become bankrupt or insolvent, make an arrangement with Your
creditors, or go into liquidation.
9.2. Choice of Law.
This Agreement and any disputes arising out of or in connection with
this Agreement shall be governed by the laws of the State of California,
U.S.A., without reference to conflict-of-laws principles and excluding the UN
Convention on Contracts for the International Sale of Goods.
9.3 Entire Agreement.
This Agreement and the applicable User Documentation constitute the
entire agreement between us and supersede any other previous or contemporaneous
communications, agreements, representations, warranties or advertising with
respect to the Software and User Documentation.
Any modifications to this Agreement shall be invalid, unless made in
writing and signed by a duly authorized representative of Autodesk.
9.4 Severability.
If and to the extent any provision of this Agreement is held illegal,
invalid, or unenforceable in whole or in part under applicable law, such
provision or such portion thereof shall be ineffective as to the jurisdiction
in which it is illegal, invalid, or unenforceable to the extent of its
illegality, invalidity, or unenforceability and shall be deemed modified to the
extent necessary to conform to applicable law so as to give the maximum effect
to the intent of the parties. The
illegality, invalidity, or unenforceability of such provision in that
jurisdiction shall not in any way affect the legality, validity, or
enforceability of such provision in any other jurisdiction or affect the
legality, validity or enforceability of any other provision of this Agreement.
9.5 No Waiver. No
term or provision hereof will be considered waived, and no breach excused,
unless such waiver is in writing signed on behalf of the party against whom the
waiver is asserted. No waiver (whether
express or implied) will constitute a consent to, waiver of, or excuse of any
other, different, or subsequent breach.
9.6 Audits. To
ensure compliance with this Agreement, You agree that upon reasonable notice,
Autodesk or Autodesk’s authorized representative shall have the right to
inspect and audit Your Installation, Access, and use of the Autodesk
Materials. Any such inspection or audit
shall be conducted during regular business hours at Your facilities or electronically,
either by Autodesk or by representatives authorized by Autodesk for this
purpose. If such inspections or audits
disclose that You have Installed, Accessed, or permitted Access to the Autodesk
Materials in a manner that is not permitted under this Agreement, then (i) You
are liable to pay for any unpaid license fees as well as the reasonable costs
of the audit; and (ii) without limitation of Section 2.1 (License Grant), and
unless Autodesk otherwise elects in writing, the license grant with respect to
the Software will terminate immediately.
Any information obtained by Autodesk or Autodesk’s authorized
representative during the course of such inspection and audit will be used and
disclosed by Autodesk solely for purposes of such inspection and audit and for
enforcement of Autodesk’s rights under this Agreement and applicable law,
unless other uses or disclosures are required under applicable law. Nothing in this Section shall be deemed to
limit any legal or equitable remedies available to Autodesk for violation of
this Agreement or applicable law.
9.7 Language. The
English language version of this Agreement is legally binding in case of any
inconsistencies between the English version and any translations.
9.8 Construction.
Ambiguities in this Agreement will not be construed against the drafter.
10. Exceptions
for Autodesk 3DS Max SOFTWARE anD FOR AUTODESK 3DS MAX DESIGN Software
10.1 If the Software is identified as Autodesk
3ds Max software the following Lab Pack License Parameters shall apply. Software identified as Autodesk 3ds Max
Design software is not licensed as a “Lab Pack” so that the Lab Pack License is
not applicable to Autodesk 3ds Max Design software license.
10.1.1 Lab Pack License. If the Software is licensed as a “Lab Pack”
according to the applicable User Documentation, and You have paid the Lab Pack
license fee, then You may Install the Software on up to the Permitted Number of
Computers and make the Permitted Number of copies of the User Documentation as
authorized for such Lab Pack. In any event, no more than the Permitted Number
of copies of the Software authorized for such Lab Pack may be Accessed
simultaneously.
10.2 If the Software is identified as Autodesk
3ds Max software the following additional License Parameters shall apply. Software identified as Autodesk 3ds Max
Design software is not entitled to the following additional License Parameters
and accordingly these License Parameters are not applicable to Autodesk 3ds Max
Design software license.
10.2.1. (a) You may modify and make
unlimited copies of the source code examples contained in the Software
(collectively “Source Examples”) and any resulting binary files for the sole
purpose of incorporation into Your own works ( “User Works”); and
(b)
You may use User Works subject to the following restrictions:
(1) You shall:
(i)
clearly identify any modified Source Examples
and any resulting binary files as User Works developed by You, and not by
Autodesk; and
(ii)
use class identifications for any classes of
objects You create that are different and clearly distinguishable from the
class identifications used by Autodesk; and
(2)
Subject to the foregoing restrictions, You may distribute the resulting binary
files of the Source Examples in User Works that are commercially distributed software
applications only if:
(i) such applications require Autodesk 3ds
Max to operate; and
(ii) such applications contain, subject to
Autodesk’s sole discretion, significant features and functionality in addition
to the Source Examples so that the Source Examples are not the primary source
of value.
In
any Source Examples, derivative works, and resulting binary files, You shall
include the copyright notices of Autodesk, Inc. as well as the following
statement: “This software contains copyrighted code owned by Autodesk but has
been modified and is not endorsed by Autodesk”.
10.3 If the Software is identified as Autodesk
3ds Max software or Autodesk 3ds Max Design software the following additional
License Parameters shall apply:
10.3.1.
You may modify and make unlimited copies of the individual animations, still
images, and/or audio files contained in the Software (collectively, “Software
Files”) for the sole purpose of incorporation into Your own animations, still
images and audio files (“User Animations, Images and Files”).You may use User
Animations, Images and Files and You may distribute the Software Files subject
to the following restrictions:
(1) You shall:
(i)
exclude all MIDI files in any medium for any
commercial use, and
(ii)
not distribute Software Files that were
supplied with the Software, modified or unmodified, as a stand-alone product,
including, but not limited to, applications in the form of a collection or
library, or as part of a software design tool, except with Autodesk’s prior
written permission;
(2)
Subject to the foregoing restrictions, You may distribute User Animations,
Images and Files and Software Files when incorporated into Your software
applications provided that such software applications contain significant
features and functionality in addition to the Software Files and the Software
Files are not the primary source of value.
In any User Animations,
Images and Files You shall include the copyright notices of Autodesk, Inc. as
well as the following statement: “This software contains copyrighted code owned
by Autodesk but has been modified and is not endorsed by Autodesk”.
Example product Autodesk® 3ds Max®
2010 Software
© 2009 Autodesk, Inc. All rights reserved.
All use of this Software is subject to
the terms and conditions of the Autodesk End User License Agreement accepted
upon installation of this Software and/or packaged with the Software.
Trademarks
Autodesk and 3ds Max are registered
trademarks or trademarks of Autodesk, Inc., and/or its subsidiaries and/or
affiliates in the USA and/or other countries. clothfx™ is a trademark of Size8
Software, Inc. Havok.com™ is a trademark or registered trademark of Havok.com
Inc. or its licensors. Intel is a registered trademark of Intel Corporation.
mental ray is a registered trademark of mental images GmbH licensed for use by
Autodesk, Inc. All other brand names, product names or trademarks belong to
their respective holders.
Patents
Protected by one or more of U.S.
Patent Nos. 6,363,503, 7,168,012,
6,888,542, 5,287,408, 5,760,716, 6,064,394, 5,751,829, 6,122,391, 6,463,180,
6,081,624, 6,396,420, 6,313,842, 6,496,597, 6,411,297, 6,262,742, 6,366,283,
6,525,730, 6,487,322, 7,287,191, 6,061,067, 5,956,031, 6,072,498, 5,986,657,
6,195,098, 5,995,107, 6,034,695, 6,184,901, 6,323,879, 6,473,081, 6,683,620,
6,650,339, 6,889,374, 6,714,194, 7,019,743, 7,246,329, 6,947,058, 6,762,757,
6,768,486, 6,760,022, 7,233,326, 7,164,420, 5,594,856, 5,731,821, 6,144,385,
6,144,382, 6,628,285, 6,675,355, 6,964,015, 6,992,685 7,317,457, 7,372,464,
7,330,183; and patents pending.
Third-Party Software Credits and
Attributions
Portions Copyright ©2008 Acresso
Software Inc., and/or InstallShield Co. Inc.
Portions Copyright © 2005 Bluerock
Technologies LLC.
Portions Copyright Carl-Mikael
Lagnecrantz © 2008.
This software contains source code
provided by mental images GmbH.
Portions Copyright Manuel Jouglet
Marcus, Mootools © 2008.
Portions Copyright © 2000-2005 Size8
Software, Inc.
Portions Copyright © 2003 ATI
Technologies, Inc. All Rights Reserved. Permission to use, copy, modify, and
distribute this software and its documentation for any purpose and without fee
is hereby granted, provided that the above copyright notice appear in all
copies and derivative works and that both the copyright notice and this permission
notice appear in support documentation, and that the name of ATI Technologies,
Inc. not be used in advertising or publicity pertaining to distribution of the
software without specific, written prior permission.
Portions Copyright 1990-1991 by Thomas
Knoll. Copyright 1992-1995 by Adobe Systems, Inc.
Portions Copyright 1993-1996, Adobe
Systems, Incorporated. All rights reserved worldwide.
Portions Copyright © 1989, 1991, 1993
Aladdin Enterprises. All rights
reserved.
Portions of this software are Copyright
© 1991-1994 by Arthur D. Applegate. All
Rights Reserved.
Portions Copyright © 2005 Blur Studio,
Inc.
Portions of this software, Point Cache
2 are copyright © 2005-2006 Blizzard Entertainment, Inc.
Portions Copyright Mathew Kaustinen ©
2007.
Portions developed by Digimation, Inc.
for the exclusive use of Autodesk, Inc.
Portions of this software JSR-184
Exporter Copyright © 2004 Digital Element, Inc.
Portions Copyright © 1994 F. Kenton
Musgrave.
Portions Copyright Guruware OBJio ©
2007 www.guruware.at.
JPEG software is copyright ©
1991-1998, Thomas G. Lane. All Rights
Reserved. This software is based in part
on the work of the Independent JPEG Group.
Portions relating to OpenEXR © 2003
Industrial Light and Magic a division of Lucas Digital Ltd. LLC.
Portions Copyright © 1990-2007
Info-ZIP. All rights reserved. For the purposes of this copyright and
license, "Info-ZIP" is defined as the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup
Gailly, Hunter Goatley, Ed Gordon, Ian Gorman, Chris Herborth, Dirk Haase, Greg
Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny
Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi,
Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave
Smith, Steven M. Schweda, Christian Spieler, Cosmin Truta, Antoine Verheijen,
Paul von Behren, Rich Wales, Mike White. This software is provided "as
is," without warranty of any kind, express or implied. In no event shall
Info-ZIP or its contributors be held liable for any direct, indirect,
incidental, special or consequential damages arising out of the use of or
inability to use this software.
Permission is granted to anyone to use
this software for any purpose, including commercial applications, and to alter
it and redistribute it freely, subject to the above disclaimer and the
following restrictions: 1) Redistributions of source code (in whole or in part)
must retain the above copyright notice, definition, disclaimer, and this list
of conditions. 2) Redistributions in binary form (compiled executables and
libraries) must reproduce the above copyright notice, definition, disclaimer,
and this list of conditions in documentation and/or other materials provided
with the distribution. The sole exception to this condition is redistribution
of a standard UnZipSFX binary (including SFXWiz) as part of a self-extracting
archive; that is permitted without inclusion of this license, as long as the
normal SFX banner has not been removed from the binary or disabled. 3) Altered
versions--including, but not limited to, ports to new operating systems,
existing ports with new graphical interfaces, versions with modified or added
functionality, and dynamic, shared, or static library versions not from
Info-ZIP--must be plainly marked as such and must not be misrepresented as
being the original source or, if binaries, compiled from the original source.
Such altered versions also must not be misrepresented as being Info-ZIP releases--including,
but not limited to, labeling of the altered versions with the names
"Info-ZIP" (or any variation thereof, including, but not limited to,
different capitalizations), "Pocket UnZip," "WiZ" or
"MacZip" without the explicit permission of Info-ZIP. Such altered
versions are further prohibited from misrepresentative use of the Zip-Bugs or
Info-ZIP e-mail addresses or the Info-ZIP URL(s), such as to imply Info-ZIP
will provide support for the altered versions. 4) Info-ZIP retains the right to
use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket
Zip," and "MacZip" for its own source and binary releases.
Portions Copyright © 2006
IntegrityWare, Inc.
Portions Copyright © 1999-2005 Joseph
Alter, Inc. Credit to Joe Alter, Gonzalo Rueda, and Dean Edmonds.
This product includes Radiance
software (http://radsite.lbl.gov/radiance) developed by the Lawrence Berkeley
National Laboratory (http://www.lbl.gov). Copyright © 1990–2005. The Regents of
the University of California through Lawrence Berkeley National Laboratory. All
rights reserved.
Portions Copyright Max HTR created
2003-2005 by Motion Analysis.
Portions Copyright 1998-2003 by Neil
Hodgson. All Rights Reserved. Permission to use, copy, modify, and
distribute this software and it documentation for any purpose and without fee
is hereby granted, provided that the above copyright notice appear in all
copies and that both that copyright notice and this permission notice appear in
supporting documentation.
Portions Copyright © 1999, 2000 NVIDIA
Corporation. This file is provided
without support, instructions or implied warranty of any kind. NVIDIA makes no guarantee of its fitness for
a particular purpose and is not liable under any circumstances for any damages
or loss whatsoever arising from the use or inability to use this file or items
derived from it.
Portions Copyright © 2006 NVIDIA
Corporation.
Portions Copyright Orbaz Technologies
© 2007.
Portions Copyright © 1988-1997 Sam
Leffler.
Portions Copyright © 1991-1997 Silicon
Graphics, Inc. Permissions to use, copy, modify, distribute, and sell this
software and its documentation for any purpose is hereby granted without fee,
provided that (i) the above copyright notices and this permission notice appear
in all copies of the software and related documentation, and (ii) the names of
Sam Leffler and Silicon Graphics may not be used in any advertising or
publicity relating to the software without the specific, prior written
permission of Sam Leffler and Silicon Graphics.
Portions relating to OpenEXR Bitmap
I/O Plugin © 2003-2005 SplutterFish, LLC.
Certain patents licensed from
Viewpoint Corporation.
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