END USER LICENSE AGREEMENT
Cimatron Ltd., a company registered under the laws of Israel ("Cimatron").
NOTICE TO USER:
THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND WILL BE PERMITTED TO ACCESS TO CIMATRON E(tm).
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, INDICATE BELOW THAT YOU DO NOT ACCEPT AND YOU WILL NOT BE PERMITTED ACCESS.
This Cimatron End User License Agreement governs use of Cimatron E(tm), product upgrades and related written materials ("Software"). The term "Software" also includes any upgrades, modified versions or updates of the Software which may be provided to you by Cimatron or any of its distributors.
A copy of the Software will be licensed to you as the registered end user. You must read this Agreement carefully before indicating an acceptance at the end of this Agreement.
If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to access the Software.
If you accept the terms and conditions of this Agreement, accept where instructed and you will be provided with access to the Software.
Your use of the Software will be subject to the following terms and conditions:
Cimatron grants to you a non-exclusive license to use the Software, provided that you agree to the following:
USE OF THE SOFTWARE.
You may install the Software in a single location on a hard disk or other storage device and you may copy the Software for backup purposes but not for the purpose of using an additional copy. You are granted only a personal nontransferable and nonexclusive right to use such copies of the Software. On any permitted copies, you must reproduce the copyright and other proprietary notices that appear on or in the Software.
COPYRIGHT.
The Software is owned by Cimatron and its suppliers. This Agreement does not provide you with any ownership interest in the Software or with any other right other than as expressly set forth in this Agreement. The Software is protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
TRANSFER.
You may not rent, lease, or sub-license the Software. You may, however, transfer all your rights to use the Software to another person or entity, provided that you obtain the prior written approval of Cimatron.
NO WARRANTY.
The Software is being delivered to you as is and Cimatron makes no warranty as to its use or performance.
CIMATRON, ITS DISTRIBUTORS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.
CIMATRON, ITS DISTRIBUTORS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT WILL CIMATRON, ITS DISTRIBUTORS, ITS SUPPLIERS, ITS EMPLOYEES OR PREVIOUS EMPLOYEES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A CIMATRON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,OR FOR ANY CLAIM BY ANY THIRD PARTY.
TERMINATION.
This Agreement shall automatically terminate upon failure by you to comply with its terms. Upon termination of this Agreement, you shall promptly (i) return to Cimatron any copies of the Software in your possession or (ii) certify in writing to Cimatron that all copies of the Software in your possession have been destroyed.
GOVERNING LAW AND GENERAL PROVISIONS.
This Agreement will be governed by the laws of the State of New York, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, the balance of the Agreement shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions or regulations.
This Agreement may only be modified in writing, signed by an authorized officer of Cimatron.