End User Licence Agreement
This software, or parts thereof, may not be reproduced in any form, by any method, for any purpose without the express written permission of CADMATIC Oy.
CADMATIC is a registered trademark of CADMATIC Oy. All other brand names, product names, or trademarks belong to their respective holders.
The end-user, hereafter User, of CADMATIC software, hereafter Software, has agreed to follow and respect the terms of this Licence Agreement of the Software, of which CADMATIC Oy, hereafter CADMATIC, is the sole owner of all intellectual property rights related to the Software.
User has the right to use the Software in his own design activities. Educational institutes have the right to use the Software for their training purposes. User does not have the right to resell or rent the Software. User with demo licence has the right only to test the Software for a short period. User agrees to use name CADMATIC in his written references to the Software.
An essential part of this agreement is the offer and order and/or confirmation of order of the Software, the System Configuration and the Maintenance Agreement.
SOFTWARE AND SERVICES
The licence to User is delivered according to and to run in the configuration specified in the System Configuration.
One licence/module is for one user at a time only.
The Software is delivered in secured code. User has the obligation to deliver to CADMATIC the information needed for the security in good time prior to the delivery. User has the obligation to return the security hardware device, hereafter Licence, to CADMATIC for change if so required by CADMATIC. The security hardware device is CADMATIC’s property. CADMATIC recommends that User will insure the security hardware device as that is the Licence.
The basic system documents will be delivered in English in electronic format.
CADMATIC undertakes to provide training for the use of the Software by the local Reseller, Authorised Training Centre or by CADMATIC directly. The training will be charged according to the valid price list.
The Software and the documents are considered to be delivered when User receives the Licence, Software media (when applicable) and manuals (when applicable).
The delivery is considered to be complete and accepted two weeks after the delivery date if not otherwise informed by User.
GUARANTEE, MAINTENANCE AND LIABILITY
CADMATIC guarantees the Software by carrying out the maintenance service free of charge during three months after the delivery if not otherwise agreed.
CADMATIC shall maintain and develop the Software according to the Maintenance Agreement. The Maintenance Agreement shall be in force automatically after the guarantee period if not otherwise agreed.
CADMATIC’s liability is limited to the undertakings mentioned in this and Maintenance Agreement and does not cover liability for damages that may be caused to User directly or indirectly or by claims by a third party whether the damage originates in software error, in unsuitability or unprofitability of software or in any other circumstances.
Thus the use of the material received from CADMATIC under this Agreement and all consequences arising thereupon rest on User’s own responsibility.
CADMATIC’s liability for damages hereunder shall in no event exceed the amounts received by CADMATIC as licence fees under the licence that gives rise to the liability, prorated over a five year term from the Commencement Date.
PRICES AND PAYMENTS
Prices do not include any taxes, custom fees or other payments laid down by the authorities.
All costs (travel, daily allowance, accommodation, travel hours) will be charged separately. For travel hours the charge is 55 % of the normal hour rate.
The prices are valid one year at a time. Changes come into force May 1 each year.
If the Software will be installed to an existing hardware it must be in working condition and according to the System Configuration prior to the installation. User will bear the cost involved with the non-working or unsuitable hardware.
Invoicing will be after each separate delivery or work if not otherwise agreed.
Terms of payments are 14 days net, interest on overtime 11% if not otherwise agreed.
User undertakes not to permit a third party to receive the know how or to get access to or to use the system or documents received from CADMATIC according to this Agreement to his best ability.
The right of ownership to the Software, documentation and Licence shall remain with CADMATIC. User has the right to use the Software only according to this Agreement.
The right of ownership will not be influenced by further Software developments carried out by CADMATIC, Reseller, a third party or by User.
TRANSFER OF AGREEMENT
User shall not be entitled to assign or transfer their rights and/or obligations under this Agreement wholly or partly to any third party without a written consent by CADMATIC.
This Agreement regarding liability, secrecy, ownership and transfer shall remain binding upon the parties in all circumstances.
This agreement comes into force after the order from User.
ALTERATIONS AND ADDITIONS
This Agreement contains everything the parties have agreed upon in this matter and replaces all previous negotiation results. If there is any contradictional agreements for the Software this Agreement will always replace them except for the items especially mentioned in the accepted order.
Alterations and additions to this Agreement shall not be valid unless mutually agreed upon in writing.
Neither party shall be under any liability to the other hereunder on account of any loss, damage or delay occasioned or caused by non-performance of any obligation under this Agreement due to any act or omission on the part of the other party or due to, but not limited to, a strike or other labour disputes, riots, fire, insurrection, war, the elements, embargoes, failure of carriers, shortage of power, currency restrictions, inability to obtain material or transportation facilities, compliance with any law, regulations or other causes beyond the control of the party failing to perform whether or not similar to the foregoing, as well as loss, damage or delay in deliveries from subcontractors caused by any of the above mentioned circumstances.
The parties shall without delay on first clear notice of Force Major inform each other of the beginning, and in the same manner of the ending of such Force Major circumstances.
The rights and obligations arising out of this Agreement may not be assigned without prior written agreement of the other party.
This Agreement shall be governed by and construed in accordance with the laws of Finland.
Any dispute concerning the interpretation or application of this Agreement shall be referred for settlement to the Arbitration Institute of the Helsinki Chamber of Commerce pursuant to the regulations in force. The question of payment of such expenses arising out of the arbitral proceedings as may be incurred by the Arbitration Institute and the parties concerned, shall likewise be referred to the Institute for settlement.
If a clause of this Agreement is and/or becomes ineffective it will be replaced by CADMATIC with one which corresponds with the purpose of this Agreement.