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authorDion Moult <moult@gentoo.org>2013-05-06 08:31:10 +1000
committerDion Moult <moult@gentoo.org>2013-05-06 08:31:10 +1000
commit24b85545f1c8c7472745ba54159c8d4b60c0bbba (patch)
treeb43a6d6d3f03ea762bccaf2dbfaecbeab0cf0b4a /licenses
parentdev-vcs/git-cola: Always depend on app-text/asciidoc formanpage generation (diff)
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+ Non-Commercial Release DraftSight ^ License Agreement (for Alpha, Beta, and
+ Pre-Release versions)
+
+This license agreement ("Agreement") between Dassault Systèmes S.A. and you,
+the end user, covers any Alpha, Beta, or Pre-Release version (each, as defined
+below, a "Non-Commercial Release Version") of the DraftSight^TM CAD software
+("Product"). Because Alpha, Beta and Pre-Release versions have not yet been
+released for large-scale commercial use, their license terms vary from the
+standard end-user license terms governing the DraftSight product. The following
+is a general description of the Non-Commercial Release Versions of DraftSight,
+each of which corresponds to a phase of the product release cycle:
+
+Alpha – Pre-production version for functionality evaluation. May be unstable
+and have critical bugs; should never be used in a production environment or to
+modify production data.
+
+Beta – Pre-production version for quality evaluation. More stable than the
+Alpha version but may be unstable and have critical bugs; should never be used
+in a production environment or to modify production data.
+
+Pre-Release – The release candidate for First Customer Ship (FCS) and final
+quality evaluation. No known critical instability or critical bugs. Dassault
+Systèmes encourages you to use the Pre-Release Version in a production
+environment and strongly recommends that you create a backup of all model files
+and data.
+
+The Product release cycle moves through each of these phases in order. Once a
+Product is released into the next phase, you must discontinue your use and
+destroy all copies of the Product version from the previous stage.
+
+The terms of this Agreement vary depending on the particular Non-Commercial
+Release Version you are using. You can identify the particular Non-Commercial
+Release Version you are using by Selecting Help About.
+
+The following terms and conditions govern your use of the Non-Commercial
+Release Version of DraftSight:
+
+1. You are granted a personal, nonexclusive, nontransferable,
+royalty-free and temporary license to use the Non-Commercial Release Version of
+the DraftSight software (the "Product") during the period from initial delivery
+of the Non-Commercial Release Version of the Product to you until the release
+of the next phase version or the availability of a commercial release version
+of the Product as described below (the "Non-Commercial Release Period"). Such
+use is solely for your own internal testing purposes. You may not transfer,
+sublicense, resell, or distribute the Product to any third party or remove the
+Product from the country where you received it. DraftSight is the proprietary
+product of Dassault Systèmes and its licensors, who retain all right, title,
+and interest in the Product throughout the world, including, without
+limitation, copyright. You may not copy, modify or make works derivative of the
+Product and you may not analyze for purposes competitive to Dassault Systèmes,
+reverse-engineer, decompile, disassemble, or otherwise attempt to discover the
+source code of the Product, as such code contains trade secrets of Dassault
+Systèmes and its licensors. You are responsible for the supervision,
+management, and control of the use of the Product, and output of the Product,
+including, but not limited to establishing adequate backup to prevent the loss
+of data in the event of a malfunction of the Product.
+
+
+2. Dassault Systèmes will provide you with a Non-Commercial Release Version
+of the Product and, at Dassault Systèmes’ sole discretion, updated versions of
+the Product that become available during the Non-Commercial Release Period.
+The Non-Commercial Release Version also automatically collects certain system
+data and transmits the data to Dassault Systèmes for support purposes.
+
+3. You agree that the Product and related information provided to you as a
+Non-Commercial Release Version are not commercially available and may not be
+available for any public use whatsoever, in which case these are the
+confidential and proprietary trade secret information of Dassault Systèmes and
+its licensors ("Confidential Information"). You agree that until the Product or
+any such information is publicly released by Dassault Systèmes, you will take
+at least the same precautions to protect the confidentiality of the
+Confidential Information as you take to protect your own confidential
+information and that you will disclose the Confidential Information only to
+those of your employees who have a need to use the Product in connection with
+your testing process. You agree not to make Confidential Information available
+in any form to any third party without the prior written consent of Dassault
+Systèmes and not to use the Confidential Information for any purpose
+inconsistent with this Non-Commercial Release license. You agree to take all
+reasonable steps to ensure that the Confidential Information is not disclosed
+or distributed by your employees or agents in violation of the provisions of
+this paragraph.
+
+4. You acknowledge that you are receiving a Non-Commercial Release Version of
+the Product that may contain software bugs, errors, or other defects, and you
+agree that you will not rely on the performance of the Product in your business
+without adequate back-up, parallel, or contingency measures.
+
+5. Alpha and Beta Versions – You must not use the Alpha or Beta version in
+a production environment. There is no guarantee that (i) model files or data
+will be compatible with any or all versions of the Product, or (ii) later
+versions will neither corrupt files created with earlier versions nor contain
+critical bugs or instabilities. In addition, the access to or operation of
+certain Alpha and Beta products may terminate ("time out") after a certain
+period of time. There is no assurance that all functionality that appears in
+the Alpha or Beta version will be available in the commercially released
+version of the Product.
+
+6. Dassault Systèmes and its licensors make no warranties with respect to the
+Product, Dassault Systèmes’ services, or any data or materials produced using
+the Product, including, without limitation, any implied warranties of
+merchantability, non-infringement, and fitness for a particular purpose. You
+use the Software at your sole risk. Dassault Systèmes and its licensors shall
+have no liability for any damages, including, without limitation, direct,
+indirect, incidental, special, or consequential damages, arising from the
+Product, use of the Product, any services related to the Product, or any data,
+products, or materials produced using the Product.
+
+7. In exchange for the license granted in Section 1 of these terms, you agree
+to provide comments to Dassault Systèmes regarding the performance of the
+Product, including reporting any errors in the Product, and to suggest
+improvements to the Product. If you are a user of the Alpha or the limited
+visibility private Beta version of the Product, you agree to participate in
+periodic telephone feedback sessions, to respond to inquiries and to provide
+such other reasonable feedback as Dassault Systèmes may request. Furthermore,
+you agree that Dassault Systèmes may incorporate any suggested changes or
+improvements in any release versions of the Product without further liability
+to you and that Dassault Systèmes or its licensors will own all rights in any
+modifications or improvements it chooses to make to commercially released
+versions of the Product as a result of your comments.
+
+8. The Non-Commercial Release Period will continue until release of the
+commercially released version of the Product. You agree that the Non-Commercial
+Release License will be in effect until the end of the Non-Commercial Release
+Period, unless earlier terminated by Dassault Systèmes. Dassault Systèmes may
+terminate this Non-Commercial Release License at any time, for any reason or
+for no reason, effective immediately upon written notice to you. Upon notice
+from Dassault Systèmes to you of such a termination or of the availability of
+the commercially released version of the Product, you agree to destroy all
+copies of the Non-Commercial Release Version of the Product and provide
+certification of their destruction in a form reasonably acceptable to Dassault
+Systèmes. You agree that any use by you of the commercially released version of
+the Product will be subject to the terms of the DraftSight End User License
+Agreement and to the published rates for the commercially released version of
+the Product, copies of which will be furnished to you upon request. The
+provisions of the first sentence of Section 1 and the first and second
+sentences of Section 7 of these terms shall terminate upon the termination of
+this Agreement, but all other provisions of this Agreement shall survive such
+termination.
+
+9. You agree that Dassault Systèmes may identify your company as a user of
+the Product to its potential customers.
+
+10. You agree not to export, re-export, or trans-ship either directly or
+indirectly, the DraftSight software. Additionally, you hereby certify to
+Dassault Systèmes that DraftSight will not be used in any nuclear, chemical,
+biological, weapons, or missile delivery systems and will not be diverted to
+any country, company, or individual that is prohibited by the applicable export
+laws of any country. Furthermore, you represent and warrant that you are not a
+citizen of or located within a French or U.S. embargoed or otherwise restricted
+nation (including, without limitation, Cuba, Iran, Libya, North Korea, Sudan,
+and Syria) and that you are not otherwise prohibited under any export control
+laws from receiving DraftSight. All rights to use DraftSight are granted on
+condition that such rights are forfeited if you fail to comply with the terms
+of this Agreement.
+
+11. This Non-Commercial Release License Agreement contains the entire
+agreement between you and Dassault Systèmes with respect to its subject matter,
+and shall be governed by, and construed and enforced in accordance with the
+laws of France. The Commercial Court of Paris ("Tribunal de Commerce de Paris")
+shall have exclusive jurisdiction to hear any dispute arising out of or in
+connection with the interpretation and/or performance of this Agreement,
+however, you acknowledge and agree that in the event that the subject matter of
+any such dispute is Intellectual Property related, Dassault Systèmes shall have
+the right to bring any such dispute before the French Civil Court having
+jurisdiction pursuant to the French Code of Civil Procedure ("Nouveau Code de
+Procédure Civile"). You acknowledge and agree that the terms herein shall not
+prevent, restrict or otherwise limit in any manner, Dassault Systèmes' rights
+to seek equitable remedies, including injunctive relief before any competent
+court in any jurisdiction.
+
+.
+
+By Accepting this Agreement, you represent that you are at least 18 years old
+and capable of entering into a legally binding agreement. If you are acting on
+behalf of a business entity, you represent that you are duly authorized to
+represent the business entity and to legally bind the entity to the terms of
+this Agreement.