ecologiCAD - License Agreement

END USER LICENSE AGREEMENT

*** PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. ***

For ecologiCAD

WWW: http://www.leibrecht.org

E-mail: ecologiCAD@leibrecht.org

THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SEBASTIAN LEIBRECHT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

1. License

By receiving and/or using the ecologiCAD software, you accept the following Software User Agreement. This agreement is a binding legal agreement between Sebastian Leibrecht and the purchasers, users, or evaluators of this Software. Subject to the terms of this Agreement, Sebastian Leibrecht grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use this Software in accordance with this Agreement and any other written agreement with Sebastian Leibrecht. Sebastian Leibrecht does not transfer title to this Software to you; the license granted to you is not a sale. If you do not agree to be bound by this agreement, remove this Software from your computer now.

2. Distribution

This Software may be freely distributed, provided that:

2.1 Such distribution includes only the original archive supplied by Sebastian Leibrecht. You may not alter, delete or add any files in the distribution archive or modify the Software in any way.

2.2 The limited evaluation nature of this Software is not misrepresented.

2.3 No money is charged to the person receiving this Software, beyond reasonable cost of packaging and other overhead.

2.4 You provide prior email or written notice to Sebastian Leibrecht at the email address or fax number listed above that you are distributing this Software and, if the Software is being distributed with other media or software, Sebastian Leibrecht’s prior written approval is required. To obtain prior written approval, contact Sebastian Leibrecht at ecologiCAD@leibrecht.org. You may be required to report to Sebastian Leibrecht the number of units of this Software distributed from time to time.

3. Use Restrictions

You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display, or distribution of this Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation, or age is strictly prohibited. The sale of and or distribution of copies of this Software are strictly forbidden except in compliance with the above. It is a violation of this agreement to sell, loan, rent, lease, borrow, or transfer the use of copies of ecologiCAD Software except in accordance with the above.

4. Copyright Restriction

You shall not, and shall not attempt to, modify, reverse engineer, disassemble, or decompile this Software. Sebastian Leibrecht’s name and logo or graphics file that represents his Software shall not be used in any way to promote products developed with Sebastian Leibrecht’s Software. Sebastian Leibrecht retains sole and exclusive ownership of all right, title, and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of ecologiCAD Software and products. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Sebastian Leibrecht.

5. Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

6. Limitation of Responsibility

You will indemnify, hold harmless, and defend Sebastian Leibrecht, its employees, agents, and distributors against any and all claims, proceedings, demand, and costs resulting from or in any way connected with your use of this Software. In no event will Sebastian Leibrecht, its employees, agents, or distributors, be liable for any consequential, incidental, indirect, special, or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

7. Warranties

Except as expressly stated in writing, Sebastian Leibrecht makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

8. Consent to Use of Data

You agree that Sebastian Leibrecht may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Software. Sebastian Leibrecht may also use this information to provide notices to you that may be of use or interest to you. You can elect to not receive any further notices from Sebastian Leibrecht by unsubscribing directly to any e-mail you receive.