The following License Agreement applies to the purchase of a Intergraph software product:
SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT WITH LIMITED RIGHT TO USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS PRIOR TO OPENING THIS SOFTWARE PACKET. BY OPENING THE SEALED DATA MEDIUM PACKAGE, YOU DECLARE THAT YOU ARE IN AGREEMENT WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO CONSENT, PLEASE RETURN THE PACKET UNOPENED TO THE PLACE FROM WHICH THE SOFTWARE PACKET WAS SENT.
Intergraph and third parties are owners of all rights to the software. The software and documentation are protected under copyright law. The user is authorized to use the software only to the extent that such use is expressly defined in this Agreement. All rights to the software and the corresponding documentation (particularly the corresponding manuals and copies of this software) remain the property of Intergraph or such third parties.
Limited Right to Use:
Intergraph is conveying the software to you and, in accordance with condition of the following terms and conditions, grants you a limited right to use the software. Intergraph assumes the warranty that the software, which you selected on the basis of the published software specifications, is suitable for your purposes. The same applies to (i) installation, which you conduct independently and with sole responsibility, (ii) use and (iii) the results that you want to attain with this software.
The software license authorizes you:
(a) to load, store and run ("to use") the software on only one computer intended for its use, as described in the software specifications that have been made known to you (the software specifications represent an integral component of this Agreement);
(b) to copy the software in its object code, to the extent that this is necessary for backup purposes in the context of the intended use of the software in accordance with the preceding letter (a). In such an event, you must make sure that there is a copyright notice with respect to Intergraph on these copies;
(c) to transfer the software to another person within your company (internal transfer), in accordance with the conditions of this Agreement. If you transfer the software to another person in your company, at the same time, you must destroy (i) all copies, modifications and merge elements (in any form whatsoever) that were made of the software that are transferred to this person and (ii) all copies, modifications and merge elements that are not transferred. "Company" means (i) your own company or (ii) a company or organization in which your company is the majority owner;
(d) to use the software only in accordance with the terms of Intergraph for universities and institutes if the price for the university license of the software was paid. We will send you these terms upon your request;
(e) to use the number of copies of the software for which you purchased licenses under separate agreements. You must ensure that any improper multiple use of the software, in particular within a data network, is impossible and, at the same time, that the software is consequently used only to the extent to which you have purchased licenses for the software. You hereby grant Intergraph access to your premises, to the extent that this is necessary to verify whether there is an improper multiple use of the software by you.
In particular, the software license does not authorize you:
(a) to do any of the following with respect to the software or a copy of the software: (i) copy, (ii) rent out, (iii) send, (iv) make public, (v) make available to the public in such a way that it is accessible to members of the public at the time and place of their choice (availability law), (vi) translate, (vii) adapt, (viii) work on or convert, (ix) decompile, (x) disassemble or (xi) translate the code form through reverse engineering;
(b) to transfer the software to another company or to provide a sublicense to another company (external transfer). If you undertake a transfer of a copy, modification or merge element, for which you are not expressly authorized under this Agreement, the license automatically becomes null and void;
(c) to use the software or a copy of the software in any other form or exercise rights to this, or
(d) to assert further legal claims to the software. This particularly applies to intellectual property rights relating to the software.
This software license is provided to you upon the delivery of the software and is not limited in time. The license expires if you violate one of the terms or conditions of this Agreement or if do not pay your license fees. Upon the termination of the software license, you are obligated to destroy any form whatsoever of the software.
From time to time, in order to be able to further use certain software, you must occasionally perform a new registration or request new license keys.
Warranty of Intergraph:
(a) Intergraph warrants that it is authorized to execute this software license.
(b) Intergraph further warrants that, for a period of three months starting from delivery (if no other period is mentioned in the documentation enclosed with the product), (i) the data medium on which the software is stored is free of manufacturing and material defects for he purposes of intended use and (ii) the software materially corresponds to the accompanying user documentation. The warranty expires if you damage or inappropriately use the data medium. You must notify Intergraph of any defect in writing.
Upon the event of a claim to the warranty, Intergraph will either:
(i) repair the defect or
(ii) replace the software.
You are entitled to rescission of the License Agreement ("cancellation") or to the reduction of the license fees ("price reduction") only if the repair work fails and a replacement is not possible. Additional warranty claims are barred.
Beyond the extent governed in the preceding a) and b), no express or implied warranty regarding the software (including any warranty regarding the ability to resale and suitability for a certain purpose) is assumed, if mandatory consumer protection regulations are not to the contrary.
If the regulations of consumer protection law are not to the contrary, Intergraph is not liable for lost profits, indirect damages or consequential damages caused by a defect, which arise by or in connection with the use or the malfunction of the software or the delivered data media, even if Intergraph had been informed of the possibility of any such damage. In each instance, the liability of Intergraph is limited to the amount that you paid for the product. Moreover, Intergraph is liable only for damages that are caused by intentional acts or gross negligence of the governing bodies or executive employees of Intergraph and is to provide compensation under product liability law.
Indemnification and Undertaking Not to Sue:
You are obligated to immediately indemnify Intergraph and undertake not to sue Intergraph for all damages that arise from your use of the software beyond the right to use granted in this Agreement.
You hereby waive the right to contest this Agreement on the basis of mistake or unjust enrichment (“laesio enormis”). You are not entitled to offset your own claims with the claims of Intergraph or claims that you have against Intergraph or have assigned to third parties.
Improvements of the software have to be purchased. If this program packet was made available as an upgrade to an earlier version of a licensed software packet, the packet delivered hereby solely serves as a replacement the preceding version of the licensed software packet. Thus, no additional license is acquired with this delivery. This program, delivered as an upgrade, may not be used separately or transferred to any third party.
If any provision of this Agreement is ineffective or impracticable in whole or in part, this does not impair the effectiveness or practicability of the remaining provisions. The ineffective or impracticable provision is to be replaced by an effective or practicable provision that comes as close as possible to the ineffective or impracticable regulation in terms of its economic content; the same applies accordingly to any possible gap in this Agreement.
Changes or amendments to this Agreement require a written agreement that must be executed by all contracting parties (or their whole legal successor or individual legal successors) for their effectiveness. If there are agreements between the contracting parties that this Agreement governs, this Agreement replaces any such existing agreement.
All annexes to this Agreement are integral components of this Agreement, as if they were contained in this Agreement. If there is nothing to the contrary in the context of the Agreement, all references to annexes are to be construed as references to provisions of the Agreement.
The headings used in this Agreement serve only for the purpose of expedience and are not to be considered upon any interpretation. All references to statutory regulations include amendments to or additional releases of these regulations, whether or not these occurred or will occur before or after the date of this Agreement.
This Agreement is subject to the law of the Federal Republic of Austria or Germany depending on the country in which this product was purchased. The U.N. law on sales (Conventions on Contracts for the International Sale of Goods) is excluded.
This product and the technical know-how are intended for use and for location in the country of purchase. In addition to the export regulations of the particular country, any export is also subject to American export regulations.
You hereby declare that you have read, have understood and consent to this Agreement, such that you are bound to these terms and conditions. Furthermore, you hereby declare that this Agreement (i) is the complete and exclusive agreement between you and Intergraph and (ii) replaces all prior oral written agreements and understandings between you and us regarding the subject matter of this Agreement.
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