License Agreement

HUFNAGEL SOFTWARE LICENSE TERMS

PartyCAD 12

These license terms are an agreement between Hufnagel Software and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed-paper license terms, which may come with the software, may replace or modify on-screen license terms. These terms also apply to any updates for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT FOR A REFUND.

AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND UPDATING.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

1. OVERVIEW. The software is licensed on a per user basis.

2. INSTALLATION AND USE RIGHTS.

a. One Copy per User. You may install the software on multiple computers as long as the sole person using the software is its licensed user. Or, the software may be installed on a single machine which serves as a central design center and is under the control of the licensed user.

b. Regardless of where it may be installed, you may only use one copy of the software at a time.

3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a. Remote Access. The licensed user may access and use the software remotely from any other computer. You may allow others to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.

b. Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, the trial software will stop running.

c. Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running. At that time you can continue to open, view and print any documents you created with the software.

4. MANDATORY REGISTRATION. Registration associates the use of the software with a single user. During registration, the software will send information about the user, the software and the computer to Hufnagel Software. This information includes user information, the version, the serial number of the software, the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for registration. UNLESS THE SOFTWARE IS REGISTERED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR REGISTRATION. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT REGISTRATION. You can register the software by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reregister the software. THE SOFTWARE WILL REMIND YOU TO REGISTER IT UNTIL YOU DO.

5. VALIDATION.

a. The software will from time to time request download of the validation feature of the software. Validation verifies that the software has been registered and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software, certain features of the software or to obtain additional benefits.

b. During or after a validation or update check, the software may send information about the software, the computer and the results of the validation check to Hufnagel Software. This information includes, for example, user information, the version and serial number of the software and the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. Information regarding usage and problems encountered in running the software will also sent. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.

c. If, after a validation check, the software is found to be improperly licensed the functionality or experience of using the software may be affected. For example, Hufnagel Software may provide notice that the software is improperly licensed; and you may receive reminders to obtain a properly licensed copy of the software; or need to follow Hufnagel Software’s instructions to be licensed to use the software and reactivate; and you may not be able to use or continue to use the software or some of the features of the software; or obtain certain updates or upgrades from Hufnagel Software.

d. You may only obtain updates or upgrades for the software from Hufnagel Software.

6. INTERNET BASED SERVICES.

a. Automatic Update. The software may periodically check with Hufnagel Software for updates to the software. If found, these updates might automatically be downloaded and installed on your licensed computer.

b. Use of Information. Hufnagel Software may use the software and computer information, as well as collected error and usage information to improve and protect our software.

7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. Hufnagel Software reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

• work around any technical limitations in the software;

• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

• publish the software for others to copy;

• use the software in any way that is against the law;

• rent, lease or lend the software; or

• use the software for commercial software hosting services.

8. BACKUP COPY.

a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software.

b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software. You may also use it to reinstall the software.

9. UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.

10. REASSIGN TO ANOTHER USER. You may reassign the license to a different user any number of times, but not more than one time every 90 days. If you reassign, that other user becomes the “licensed user.” If the licensed user must be reassigned due to death or severe illness, you may reassign the license sooner. The first user must remove the software before transferring it. The first user may not retain any copies of the software. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. If the software is an upgrade, any transfer must also include all prior versions of the software.

11. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

12. SUPPORT SERVICES. Hufnagel Software provides support services for the software as described in the online help.

13. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for updates that you use, are the entire agreement for the software.

14. APPLICABLE LAW.

a. United States. If you acquired the software in the United States, Pennsylvania state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

16. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM HUFNAGEL SOFTWARE ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

• anything related to the software; and

• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

• repair, replacement or a refund for the software does not fully compensate you for any losses; or

• Hufnagel Software knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

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LIMITED WARRANTY

A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Hufnagel Software materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Hufnagel Software’s reasonable control.

D. REMEDY FOR BREACH OF WARRANTY. HUFNAGEL SOFTWARE WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF HUFNAGEL SOFTWARE CANNOT REPAIR OR REPLACE IT, HUFNAGEL SOFTWARE WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF HUFNAGEL SOFTWARE CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO HUFNAGEL SOFTWARE WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.

E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.

F. WARRANTY PROCEDURES. You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund for software contact Hufnagel Software, P.O. Box 747, Clarion, PA 16214 or visit www.hufsoft.net

G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM HUFNAGEL SOFTWARE. HUFNAGEL SOFTWARE GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, HUFNAGEL SOFTWARE EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.