Introduction

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Personal Use License Agreement

IMPORTANT-READ CAREFULLY: By installing this software, you (either an individual or a single entity) (referred to herein as "you" or the "Licensee") agree to enter into this Personal Use License Agreement ("Agreement") with Tech Soft 3D, LLC ("Tech Soft"), for the HOOPS 3D Part Viewer for Parasolid, which was developed using the ParaHOOPS 3D Application Framework including the HOOPS 3D Graphics System and the Parasolid Kernel Modeler and other computer software products, and may include associated models, media, printed materials and/or "online" or electronic documentation (hereinafter the software products and documentation referred to as the "Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.

These terms listed herein represent the entire understanding relating to the use of Tech Soft's website and Software and prevails over any prior or contemporaneous, conflicting or additional, communications. Tech Soft can revise these terms at any time without notice by updating this posting on their web site.

1. GRANT OF LICENSE. This Agreement grants you the following rights:

-- License to Use. Tech Soft grants to you a non-exclusive and non-transferable license for the personal use only of the accompanying software and documentation and any error corrections provided by Tech Soft (collectively "Software"). You have no right to distribute the Software without a separate license agreement from Tech Soft.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

-- Customizing and Extending. You may not customize or extend the Software without first entering into a separate license agreement with Tech Soft.

-- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.

-- Use restrictions. Software is confidential and copyrighted. Except as set forth herein, you agree to not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from Software; (b) use the Software for commercial or corporate use or for profit including but not limited to commercial timesharing, rental, or service bureau use; (c) transfer, sell, assign or otherwise convey Software to another party without Tech Soft's prior written consent; (d) cause or permit reverse engineering, disassembly, or decompilation of Software; or (e) disclose results of any benchmark tests of any Software to any third party without Tech Soft's prior written approval.

-- Separation of Components. The Software is licensed as a single product. Should you choose to use another Software product of Tech Soft, you must agree to the License Agreement accompanying that Software product.

-- Rental. You may not rent, lease, or lend the Software.

-- Termination. Without prejudice to any other rights, Tech Soft may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component parts. Unauthorized copying of the Software, or the failure to comply with the terms of this Agreement, will result in automatic termination of this Agreement and will make available to Tech Soft and/or its licensors other legal remedies.

-- The Software is licensed, not sold, to Licensee. All right, title and interest in and to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Tech Soft and/or its licensors. Tech Soft reserves the right to include means within the Software to audit and/or limit the number of accounts purchased by Licensee; such right may be exercised by Tech Soft without further notice.

3. LINKS TO THIRD PARTY SITES. Tech Soft's website may be linked to other websites which are not under the control of or are not maintained by Tech Soft. Tech Soft is not responsible for the content of those sites. Tech Soft provides these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Tech Soft of those sites. Tech Soft reserves the right to terminate any link or linking program at any time.

4. NO WARRANTY. ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECH SOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SOFTWARE IS DISTRIBUTED "AS IS". LICENSEE SHALL RECEIVE NO UPGRADES TO THE SOFTWARE UNLESS EXPLICITLY GRANTED BY TECH SOFT.

5. LIMITATION OF LIABILITY TECH SOFT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS ON THEIR WEBSITE. IN NO EVENT SHALL TECH SOFT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF TECH SOFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE OR SOFTWARE AND WILL NOT MAKE A CLAIM AGAINST TECH SOFT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD TECH SOFT HARMLESS FROM, AND YOU COVENANT NOT TO SUE TECH SOFT FOR, ANY CLAIMS BASED ON USING THE WEBSITE OR SOFTWARE.

6. EXPORT LAW ASSURANCES. Licensee agrees and certifies that neither the Software, nor any other technical data received from Tech Soft, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that it will not re-export the Software nor any other technical data received from Tech Soft, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software.

7. CONTROLLING LAW AND SEVERABILITY. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

8. COPYRIGHTS. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Tech Soft or its suppliers. Copyright laws and international treaty provisions protect the Software. Therefore, you must treat the Software like any other copyrighted material. You may copy the printed materials accompanying the Software only to the extent necessary for instruction of your employees assigned to operate the Software. THE SOFTWARE IS LICENSED, NOT SOLD.

9. COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with respect to the use of the Software, related documentation and fonts, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The use of the Software shall be governed by the terms of this Agreement. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Tech Soft.

10. GENERAL If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this Agreement, or if you desire to contact Tech Soft 3D for any reason or write: Tech Soft 3D, 1830 Embarcadero, Suite 103, Oakland, CA USA PH: +1 510.434.7630 http://www.hoops3d.com