RocketCad License Agreement IMPORTANT: Read this before using RocketCad. This document is a legal agreement between you and Rocket Software Ltd. (Rocket). Use of any portion of the RocketCad package indicates your acceptance of these terms. As used in this License Agreement, the term "Software" means the RocketCad package or any part thereof. If you do not agree to these terms and conditions, you must erase or destroy any copies of the software package or any part thereof, including but not limited to program files, configuration files, descriptive or instructional document files, and drawing files, printouts, and copies made in any form whatsoever. 1. Proprietary Rights. The Software and any accompanying documentation are the proprietary products of Rocket and are protected under international laws and international treaty provisions. Ownership of the Software and all copies, modifications, translations, and merged portions thereof shall at all times remain with Rocket or its licensors. 2. Grant of License. The Software and accompanying documentation are being licensed to you, which means you have the right to use the Software only in accordance with this License Agreement. The Software is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. This License may not be assigned or otherwise transferred without prior written consent from Rocket, and any unauthorized transfer is null and void. You may not sublicense, lease, sell, or otherwise transfer the Software or any of the accompanying documentation to any other person. Number of Copies Licensed. If you have not purchased a license that authorizes use of the Software on multiple computers or by multiple individuals, then you are authorized to use only a single copy of the Software on a single computer. Only one copy of the Software may be created for archival or backup purposes. All copies of the Software must include the Rocket copyright notice and other legal notices. Term. This license is effective from your date of purchase and shall remain in force until terminated. You may terminate the license and this License Agreement at any time by destroying the Software and the accompanying documentation, together with all copies in any form. 3. Nonpermitted Uses. Without the express prior written permission of Rocket, you may not (a) use, copy, modify, alter or transfer, electronically or otherwise, the Software or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile, or otherwise reverse engineer the Software. 4. Limited Warranty. (a) Rocket warrants to you, the original end user, that the Software, other than third-party software, will perform substantially in accordance with the accompanying documentation. This Limited Warranty extends for ninety (90) days from the date of purchase. (b) This Limited Warranty does not apply to any Software that has been altered, damaged, abused, mis-applied, or used other than in accordance with this license and any instructions included on the Software and the accompanying documentation. (c) Rocket's entire liability and your exclusive remedy under this Limited Warranty shall be the repair or replacement of any Software that fails to conform to this Limited Warranty or, at Rocket's option, return of the price paid for the Software. Rocket shall have no liability under this Limited Warranty unless the Software is returned to Rocket or its authorized representative, with a copy of your receipt, within the warranty period. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. (d) this warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from usage of trade or course of dealing. 5. Limitation of liability. In no event shall Rocket's liability related to any of the software exceed the license fees actually paid by you for the software. Except for a return of the purchase price under the circumstances provided under the limited warranty, neither Rocket nor its suppliers shall in any event be liable for any damages whatsoever arising out of or related to the use of or inability to use the software, including but not limited to direct, indirect, special, incidental, or consequential damages, and damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, even if Rocket Software Ltd. has been advised of the possibility of such damages, whether such liability is based on contract, tort, warranty, or any other legal or equitable grounds. 6. No waiver. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in other situations. 7. This License Agreement constitutes the entire agreement between you and Rocket pertaining to its subject matter. Even if part of the agreement is held invalid, the rest of the agreement is still valid, binding and enforceable. Copyright 1991-2001 Rocket Software Ltd. All rights reserved.