End User License Agreement
1. Introduction
This End User License Agreement ("EULA") is a legal agreement between you ("Licensee") and Blue Byte Systems Inc. ("Licensor"), governing your use of the PDMShell software product and any associated documentation (collectively, the "Software"). By installing, copying, automating (including automatic or unattended use), or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree, do not install, copy, automate, or otherwise use the Software.
2. License Grant
Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable, limited right to use the Software on a single computer or device for Licensee’s own internal business purposes.
Special Licensing Requirement:
Data migration companies, SOLIDWORKS resellers, or third-party providers utilizing or incorporating PDMShell into their commercial services or products must purchase a special licensing model from Blue Byte Systems Inc. Use without acquiring such licensing is strictly prohibited.
3. Restrictions
Licensee agrees not to, and shall not permit others to:
- Resell, distribute, or sublicense the Software to any third party.
- Modify, adapt, translate, or create derivative works of the Software.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
- Rent, lease, lend, or otherwise transfer the Software to any third party.
- Use the Software for any illegal purpose or in violation of applicable law.
To improve our software and validate licenses, the Software may collect certain metadata about the machine it is installed on, including but not limited to the IP address, SOLIDWORKS version, and operating system version. This information is used solely for the purposes of enhancing the Software and ensuring compliance with licensing terms. By using the Software, you consent to this data collection.
5. Intellectual Property
The Software and all related intellectual property rights, including copyrights, patents, trademarks, and trade secrets, are owned by Licensor or its licensors. This EULA does not grant Licensee any ownership rights in the Software.
6. Termination
This EULA shall automatically terminate upon Licensee’s breach of any of its terms. Licensor may also terminate this EULA at any time upon written notice to Licensee. Upon termination, Licensee shall cease all use of the Software and delete all copies of the Software from its systems.
7. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL MEET LICENSEE’S REQUIREMENTS.
8. Limitation of Liability
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Changes to Terms
Licensor reserves the right, in its sole discretion, to modify or update this EULA at any time without prior notice. Continued use of the Software constitutes acceptance of the modified or updated terms.
10. Governing Law
This EULA shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions.
11. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, and agreements, whether oral or written.
12. Severability
If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.
13. Contact Information
For any questions regarding this EULA, please contact:
Blue Byte Systems Inc.
Email: amen@bluebyte.biz