End User License Agreement

1. Grant of License

BobCAD-CAM grants the Licensee a nonexclusive, nonsublicensable, nontransferable, limited license to install and access the Licensed Materials. The following rights are provided so long as you comply with all terms and conditions of this EULA:

1.1 Installation and Use

You may:

• (a) install and use a copy of the Licensed Software on a single personal computer (“PC”) as a single user for your own internal business purposes; and
• (b) create a backup or archive copy of the Licensed Software so long as it includes the BobCAD-CAM copyright notice.

You may not concurrently use a single license: (a) on two or more PCs; or (b) on two or more virtual PCs; or (c) by two or more users; or (d) by multiple instances of the same user.

1.2 Alternative Rights for Storage/Network Use

As an alternative to Section 1.1(a), you may install a copy of the Licensed Software on a network storage device, such as a server computer, and allow one PC to access and use that licensed copy of the Licensed Software over a private network. You must obtain a license to the Licensed Software for each additional PC or user that accesses and uses the Licensed Software installed on the network storage device, except as permitted by Section 1.4 of this EULA.

1.3 License Grant for Remote Desktop

You may use remote access technologies, such as the Remote Desktop features in Microsoft Windows or NetMeeting, to access and use your licensed copy of the Licensed Software, provided that only the primary user of the PC hosting the remote desktop session accesses and uses the Licensed Software with a remote access device. These remote desktop rights do not permit you to use the Licensed Software on both the PC hosting the remote desktop session and the access device at the same time.

1.4 License Grant for Internal Training or Documentation

Screen captures, videos, web sites and other training or documentation materials (“Multi-Media”) may be created while using the Licensed Software. You may copy and modify the Multi-Media as part of your internal implementation and non-commercial reference purposes only, including internal web sites, but you are not licensed to do any of the following:

• You may not sell, license or distribute copies of the Multi-Media by themselves or as part of any collection, product or service if the primary value of the product or service is the Multi-Media.
• You may not grant customers of your product or service any rights to license or distribute the Multi-Media.
• You may not license or distribute any of the Multi-Media that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
• You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Multi-Media.

In addition, you must (a) indemnify and defend BobCAD-CAM from and against any claims or lawsuits, including attorneys’ fees that arise from or result from the licensing, use or distribution of Multi-Media as created or modified by you, and (b) include a valid copyright notice on your products and services that include the Multi-Media.

1.5 License Grant for Documentation

The documentation that accompanies the Licensed Software is licensed for internal, non-commercial reference purposes only. You are not licensed to do any of the following:

• You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the Templates.
• You may not distribute Templates available via Internet-based services as part of any product or service.
• You may not copy or post any Templates available through Internet-based services on any network computer or broadcast it in any media.

You must indemnify and defend BobCAD-CAM against any claims or lawsuits, including attorneys’ fees that arise from or result from the licensing or distribution of the templates as modified by you.

2. Description of Other Rights and Limitations

2.1 License Activation Codes

THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE LICENSED SOFTWARE.

License Activation Codes are provided and part of the Licensed Software. You may not be able to exercise your rights to the Licensed Software under this EULA until the License Activation Code is activated on your PC. You may also need to reactivate the Licensed Software if you upgrade to newer versions of the Licensed Software.

BobCAD-CAM will issue a single License Activation Code for each license of software purchased. Should the license code fail to operate or be physically damaged, BobCAD-CAM will replace the License Activation Code at BobCAD-CAM’s own discretion, provided BobCAD-CAM is still actively supporting the software.

BobCAD-CAM will use the License Activation Codes and appropriate levels of security to confirm you have a legally licensed copy of the Licensed Software. If you are not using a legal copy of the Licensed Software with a License Activation Code, you are not allowed to install the Licensed Software or future updates.

3. Reservation of Rights and Ownership

BobCAD-CAM reserves all rights not expressly granted to you in this EULA. The Licensed Software is protected by copyright and other intellectual property laws and treaties. BobCAD-CAM owns the title, copyright, and other intellectual property rights in the Licensed Software. The Licensed Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of BobCAD-CAM.

4–14. Restrictions and Software Terms

4. Limitations on Reverse Engineering, Decompilation, and Disassembly

You may not translate, reverse engineer, modify, decompile, disassemble or create derivative works of the Licensed Software including the License Activation Codes, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. No Rental / Commercial Hosting

You may not rent, lease, lend or provide commercial hosting services with the Licensed Software.

6. Consent to Use of Data

You agree that BobCAD-CAM and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Licensed Software. BobCAD-CAM may use this information solely to improve our products or to provide customized services or technologies to you. BobCAD-CAM will not disclose this information in a form that personally identifies you.

7. Links to Third Party Sites

BobCAD-CAM is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. BobCAD-CAM is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by BobCAD-CAM of the third-party site or service.

8. Additional Software / Services

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Licensed Software that BobCAD-CAM may provide to you or make available to you after the date you obtain your initial copy of the Licensed Software, unless they are accompanied by separate terms. BobCAD-CAM reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Licensed Software.

9. Upgrades

To use Licensed Software identified as an upgrade, you must first be licensed for the software identified by BobCAD-CAM as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.

10. Not for Resale Software

Licensed Software identified as “Not for Resale” or “NFR” may not be sold for value, transferred or distributed in any manner to a third party. NFR licenses can only be used for the purpose of demonstration, training, test or evaluation by BobCAD-CAM or an authorized BobCAD-CAM VAR.

11. Educational Edition Software

To use Licensed Software identified as “Educational Edition” or “EE,” you must be a “Qualified Educational User.” For qualification-related questions, please contact BobCAD-CAM or a local BobCAD-CAM VAR.

12. Export Restrictions

You acknowledge that the Licensed Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Licensed Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You agree, certify and warrant that you are not a citizen or national of a Prohibited Destination or located in a Prohibited Destination as determined by the US government and you are not obtaining the Licensed Software for a citizen or national of any country that is subject to an embargo by the United States.

13. Separation of Components

The Licensed Software including the License Activation Code is licensed as a single product. Licensed Software may include multiple components or software applications. The Licensed Software may not be separated for use on more than one PC within the guidelines of Section 1.1.

14. Software License Transfer

14.1 The BobCAD-CAM Software License is non-transferable.

15. Termination

Without prejudice to any other rights, BobCAD-CAM may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must return or destroy all copies of the Licensed Software, including the License Activation Code, and all of its component parts.

16. Limited Warranty for Software Acquired in the US and Canada

BobCAD-CAM warrants that the media and the License Activation Code included with the Licensed Software will perform substantially in accordance with the accompanying materials for a period of sixty (60) days from the date of shipment. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO MEDIA AND LICENSE ACTIVATION CODE DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (SIXTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE SIXTY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Licensed Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the sixty day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by BobCAD-CAM, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Licensed Software does not meet BobCAD-CAM’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 18 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state or jurisdiction to state or jurisdiction.

YOUR EXCLUSIVE REMEDY. BobCAD-CAM’s and its suppliers’ entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Licensed Software shall be, at BobCAD-CAM’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Licensed Software, or (b) repair or replacement of the Licensed Software, that does not meet this Limited Warranty and that is returned to BobCAD-CAM with a copy of your receipt.

You will receive the remedy elected by BobCAD-CAM without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Licensed Software to BobCAD-CAM, cost of bundled hardware, and cost of bundled services). This Limited Warranty is void if BobCAD-CAM has not received payment for the Licensed Software or failure of the Licensed Software has resulted from limits of your machine tools or manufacturing equipment, lack of machine documentation, limits of your network or servers, failure to install on minimum PC and operating system requirements, failure to apply operating system updates, third party software updates, BobCAD-CAM updates, hardware or firmware updates, incompatible or bad device drivers, accident, abuse, misapplication, abnormal use or a virus.

Any replacement Licensed Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and BobCAD-CAM will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with BobCAD-CAM’s warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by BobCAD-CAM are available without proof of purchase from an authorized international source. To exercise your remedy, contact BobCAD-CAM, or your VAR.

17. Disclaimer of Warranties

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, BobCAD-CAM and its suppliers provide the Licensed Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Licensed Software, and the provision of or failure to provide support or other services, information, software, and related content through the Licensed Software or otherwise arising out of the use of the Licensed Software.

ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE.

18. Exclusion of Incidental, Consequential and Certain Other Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOBCAD-CAM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE LICENSED SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF DEFAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF BOBCAD-CAM OR ANY SUPPLIER, AND EVEN IF BOBCAD-CAM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Limitation of Liability and Remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of BobCAD-CAM and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by BobCAD-CAM with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Licensed Software up to the amount actually paid by you for the Licensed Software or US $5.00. The foregoing limitations, exclusions and disclaimers (including Sections 16, 17 and 18) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

20. U.S. Government License Rights

All Licensed Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Licensed Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. Manufacturer is BobCAD-CAM Software Inc., 13528 Prestige Place, Suite 102 Tampa, FL 33635.

21. Applicable Law

This EULA is governed by the laws of the State of Florida, USA. In respect of any dispute which may arise hereunder, you consent to the jurisdiction of the state and federal courts in Pinellas County, Florida, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. If you acquired this Licensed Software in any other country, then local laws may apply.

22. Entire Agreement; Severability

This EULA (including any addendum or amendment to this EULA which is included with the Licensed Software) is the entire agreement between you and BobCAD-CAM relating to the Licensed Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Licensed Software or any other subject matter covered by this EULA. This Agreement may not be modified by purchase orders, advertising or other representation by any person.

To the extent the terms of any BobCAD-CAM policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches.

22. Support Services

The Support Services are provided in accordance with the product lifecycle policy outlined below.

23. BobCAD-CAM Product Lifecycle

BobCAD-CAM products will go through a lifecycle from “Active Support” to “Retired,” as further described below. In addition, at BobCAD-CAM’s sole discretion, some BobCAD-CAM Products may go through a “Passive Support” and/or an “Unsupported” lifecycle period as well.

Active Support

Once a Release of a BobCAD-CAM Product becomes generally available, such Release will enter the Active Support lifecycle period. During Active Support, BobCAD-CAM’s Technical Support Engineers will work with Licensee to resolve Incidents & handle bug issues and feature requests. Active Support will be provided for at least one Release within a Major Release Family for twelve (12) months from the date of the initial Major Release.

Passive Support

If a release of a BobCAD-CAM Product is beyond the period of Active Support, then BobCAD-CAM may designate certain BobCAD-CAM Products eligible for a Passive Support lifecycle. If BobCAD-CAM designates a BobCAD-CAM product eligible for Passive Support, then during Passive Support, BobCAD-CAM’s Technical Support Engineers will work with Licensee to resolve Incidents. The Licensee is not eligible for any Service Packs, Patches, Hotfixes or other Workarounds. To receive any such Releases or support, Licensee must upgrade to a Release that is still under Active Support.

Unsupported Versions

BobCAD Technical Support will not be able to assist, modify or create post-processors for unsupported versions. A version’s Passive Support typically extends 3 versions back. Installation of older versions on newer operating systems is not supported. At BobCAD-CAM’s discretion, registration or new license activation codes will continue for unsupported versions for a period of usually 5 years.

Application Retirement

Also called application decommissioning, retired versions of BobCAD-CAM will no longer be hosted or provided by BobCAD-CAM Inc. and new software license registrations will no longer be issued. It is your responsibility to keep a backup of the licensed hardware and software to have access to the license.

Related policies: Refund Policy