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SpecifiCAD™

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	SpecifiCAD(TM) Application Information: ======================================== Copyright (C) CADalytic Media, Inc. 2006 IMPORTANT NOTE The Software, as defined below, is protected by copyright, which is vested in CADalytic Media, Inc./its suppliers. The Software may only be used in accordance with the terms and conditions set out in this document. If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or in any way whatsoever and must destroy or return all copies of these items which are in your possession. END USER LICENSE AGREEMENT DEFINITIONS The following definitions apply to the terms and conditions included in this Agreement. "SpecifiCAD" means the SpecifiCAD(TM) Application, a Computer-Aided Design/Building Information Modeling (CAD/BIM) application plug-in, developed by CADalytic Media, Inc., for providing relevant manufacturer/supplier content for CAD/BIM application objects from a network and/or file system. "Software" means SpecifiCAD, all program and information files and other documentation which are part of the SpecifiCAD Software package. "Computer" means a single electronic device with one or more central processing units (CPUs) that accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions. "Individual" means a particular person. TERMS OF AGREEMENT This is a legal agreement between you, the users, and CADalytic Media, Inc. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software. You are entitled to use the Software on all Computers ONLY as a CAD/BIM plug-in. "Use" means loaded in temporary memory or permanent storage on the Computer. You may not sell, rent, lease or sublicense the Software, without the explicit written consent of CADalytic Media, Inc. The Software is protected by copyright laws and international treaties. All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in CADalytic Media, Inc./its suppliers. You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. CADALYTIC MEDIA, INC. OR ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. Functionality Limitations: COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. Autodesk SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE. CADALYTIC MEDIA, INC. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CADALYTIC MEDIA, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF ACTION, CADALYTIC MEDIA, INC. AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval. Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Privacy statement: CADalytic Media, Inc. strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users' personal information, within the confines of the SpecifiCAD domain. The CADalytic Media, Inc. privacy statement found at <http://www.cadalytic.com//index.php?dir=privacy>, is incorporated in this Agreement by reference. Any variation to the terms of this Agreement shall only be valid if made in writing by CADalytic Media, Inc. Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept that this Agreement shall be construed in accordance with the laws of the State of California, U.S.A., without reference to its rules regarding conflict of laws. ======================================== Tel: +1 415 728 8020 Fax: +1 415 728 8021 Please visit our Web site before you send us e-mail. We provide many services to our users that will help us respond to you faster than if we receive e-mail. Web site: <http://www.cadalytic.com/> Contact us: <http://www.cadalytic.com/index.php?dir=company&subdir=contact>