HighDesign 2023.1.1.2184.0

EULA - End User License Agreement

ILEXSOFT
End User License Agreement
HighDesign

This is a legal agreement between you and Ilexsoft covering your use of HighDesign.
PLEASE READ THIS CONTRACT CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING IN PARTICULAR THE LIMITATIONS ON: USE, TRANSFERABILITY, WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. Definitions.
'Software' means (a) all the contents of the files, disk(s), CD-ROM(s) or other media with which this agreement is provided, included but not limited to (i) Ilexsoft or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works; (iii) related explanatory written materials or files ('Documentation'); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Ilexsoft (collectively, 'Updates'). 'Use', 'Used' or 'Using' means to access, install, download, copy or otherwise benefit from using the functionality of the software in accordance with the Documentation. 'Permitted Number' means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Ilexsoft. 'Computer' means one central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

Software License.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

2. Grant of License.
As long as you comply with the terms of this End User License Agreement, Ilexsoft grants you a non-exclusive License to Use the Software for the purposes described in the Documentation, as further set forth below.
2.1. General Use. You may install and Use a copy of the Software on a single compatible computer or
2.2. Server Use. You may install one copy of the Software on your Computer file server for the purpose of downloading and installing copies of the Software onto the Computers within your local network up to the Permitted Number.
You cannot use a number of copies of the Software larger than the Permitted Number.
2.3. Portable Computer Use. You may install and Use a second copy of the Software on a portable Computer provided the Software on the portable Computer is not being used at the same time the Software on the primary computer is being used.
2.4. Backup Copy. You may make one backup copy of the Software on a remote private server, onto a cd-rom, or other removable media for the sole purpose of having a security copy and provided your backup copy is not installed or Used on any Computer.
2.5. Evaluation Version. Without a unique serial number sent to you by Ilexsoft, the Software is a feature limited Trial version. YOU ACKNOWLEDGE THAT THE TRIAL SOFTWARE CONTAINS LIMITED FUNCTIONALITY. ILEXSOFT IS LICENSING THE SOFTWARE 'AS IS', WITH THE SOLE PURPOSE OF PROVIDING A DEMONSTRATION MODEL. If the Software is a Trial version, the user may not have access to save, export and print functions, or the Software will run for a limited period of time, according to the trial mode indicated. To extend your use of the Software, you must contact Ilexsoft or an Ilexsoft authorized reseller to purchase a full license and receive your serial number. If the Software is identified as a trial, demonstration, evaluation, or NFR version, you may use it only for the purpose of commercial evaluation or demonstration. You may not use it for commercial, professional, or for-profit purpose.
2.6. Educational Version. If this Software is identified as Educational Version, you may Use it only for the purpose of training and instruction as an active instructor using Ilexsoft Software in your course, classroom or lab, or as an actively enrolled student using Ilexsoft Software for educational purposes only. You may not use it for commercial, professional, or for-profit purpose, nor use any of the files created with this license for any commercial purposes. You may not use it in the business of the institution, such as facilities management. If the License comprises a period of validity, upon its expiration the Software will cease operations.
@Lab License: You may Install and Use this Software on the computers of the Institution up to the Permitted Number. @Lab Licenses may also identify the Software as Network Version and be subject to the terms and conditions described in paragraph 2.7.
@Home License: You may Install and Use this Software on your own home and office computers provided the two copies of Software are not being used at the same time.
The use of both Educational versions is bound to the terms of the Educational license and to the terms of this EULA where applicable.
2.7. Network Version. If the license currently in use is identified as Network Version, you may Install this Software on any number of computers within the local network of your office or laboratory and concurrently Use a number of copies of this Software not larger than the Permitted Number, included the copy identified as 'Server'.
2.8. Transfer. You may transfer all your rights to Use the Software to another person or legal entity provided that: a) you also transfer this Agreement, the serial number, the Software and all other bundled software; (b) you retain no copies, including backup copies and copies installed on a computer; (c) the receiving party accepts the terms and conditions of this Agreement.
2.9. Distribution. You may distribute unaltered copies of the demonstration version of the Software (TRIAL) to third parties, on removable media, on-line software archives or websites provided you do not supply any serial number to the third party and you do not alter in any way the original package the Software comes in.

3. Limitations.
3.1. Rental. You may not rent, lease, lend, sell, sub-license, un-bundle and/or repackage for redistribution or resale, or authorize all or any portion of the Software to be copied onto another user except as may be expressly permitted herein.
3.2. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law.

4. Copyright.
All title and copyrights in and to the Software and any copies thereof are owned by Ilexsoft. All title and intellectual property rights in and to the content which may be accessed through use of the Software 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.

5. No Warranties.
Ilexsoft expressly disclaims any warranty for the Software. THE SOFTWARE 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. THERE ARE NO WARRANTIES THAT THE FUNCTIONS OF THE SOFTWARE WILL SATISFY YOUR NEEDS, OR THE SOFTWARE WILL BE ERROR FREE, OR ALL ERRORS IN THE SOFTWARE WILL BE FIXED. The entire risk arising out of use or performance of the Software remains with you.

6. Limitation of Liability.
IN NO EVENT WILL ILEXSOFT BE LIABLE TO YOU FOR ANY DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ILEXSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ILEXSOFT'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.

7. Termination.
Without prejudice to any other rights, Ilexsoft 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 and all of its component parts.

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If you have any questions regarding this Agreement or if you wish to request any information from Ilexsoft, please use the address and contact information included with this product to contact Ilexsoft.