Read this license carefully before proceeding. By indicating your acceptance of this license you acknowledge that you intend to be legally bound by terms and conditions contained in this license. If you do not agree with these terms and conditions, promptly remove this software from your computer and return the software and all related disks and documentation (“Software”) to Convergent Manufacturing Technologies Inc. or its authorized reseller from whom you purchased the product.
This Software License is granted by Convergent Manufacturing Technologies Inc. (“CONVERGENT”), to the end user (the “Licensee”) on the following terms and conditions:
Grant of License
The Licensee is granted the non-exclusive non-transferable right to use the RAVEN composite structure process modeling software (the Software) and associated documentation (the Documentation) on a single computer at the location specified by the Licensee and approved by CONVERGENT.
Ownership
CONVERGENT retains all property, right, title and interest in and to the Software and Documentation, including, without limitation, all trade-marks, trade names, copyrights, patents and other intellectual property rights in the Software and Documentation. CONVERGENT specifically retains the right to grant licenses of the Software and Documentation to other persons.
Copy and Use Restriction
Software to a new machine, the Licensee shall first remove the installed Software. The Licensee shall reproduce and include the copyright notice of CONVERGENT on any and all copies, whether in whole or in part, in any form. The Licensee will not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software or Documentation without the written permission of CONVERGENT.
Transfer Restriction
This License is in force for one year from the date of purchase, as indicated by the date on the shipping documentation. This License may be renewed automatically by payment of the designated annual license fee. This License will be terminated automatically if the Licensee fails to abide by any provisions of this Agreement, fails to renew the License at the end of one year, or if any petition, assignment or proposal is made against or by the Licensee under any Bankruptcy Act or if the Licensee is adjudged bankrupt, or makes an assignment for the benefit of his/its creditors. Upon termination, the Licensee shall return to CONVERGENT or destroy all copies of the Software and Documentation at the discretion of CONVERGENT.
Termination
This License is in force for one year from the date of purchase, as indicated by the date on the shipping documentation. This License may be renewed automatically by payment of the designated annual license fee. This License will be terminated automatically if the Licensee fails to abide by any provisions of this Agreement, fails to renew the License at the end of one year, or if any petition, assignment or proposal is made against or by the Licensee under any Bankruptcy Act or if the Licensee is adjudged bankrupt, or makes an assignment for the benefit of his/its creditors. Upon termination, the Licensee shall return to CONVERGENT or destroy all copies of the Software and Documentation at the discretion of CONVERGENT.
Up-date Policy
CONVERGENT may produce, from time to time, modifications and/or updates of the Software and/or Documentation. Such modifications and updates may be made available at the discretion of CONVERGENT to the Licensee.
Support
CONVERGENT shall provide technical support under this License. The extent and nature of this technical support is at the sole discretion of CONVERGENT. Additional support may be purchased separately by contacting CONVERGENT.
Non Warranty
CONVERGENT makes no representations or warranties, either express or implied, with respect to the Software and specifically disclaims any implied warranty of non-infringement or merchantability or fitness for a particular purpose. CONVERGENT shall in no event be liable for any loss of profits, be they direct, consequential, incidental, or special or other similar or like damages arising from any defect, error or failure to perform with respect to the Software, even if CONVERGENT has been advised of the possibility of such damages. The Recipient hereby acknowledges that it has been advised by CONVERGENT to undertake its own due diligence with respect to the Software.
Limitation of Liability
In no event shall CONVERGENT be liable for special, indirect or consequential damages, including those damages arising from lost profits in the use or misuse of the Software and/or Documentation, even if CONVERGENT has been advised of the possibility of such damages.
Miscellaneous
a. This License shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
b. This License contains the entire agreement and understanding between the Licensee and CONVERGENT with respect to the subject matter hereof and supersedes any prior agreement or understanding whether oral or written, relating to the subject matter of this License. This License may only be modified by a written agreement signed by both parties.
This software is intended to assist with the process design and is not a substitute for independent testing of a product’s stress, safety and utility. CONVERGENT does not warrant the accuracy of the results obtained through use of the program.
The terms and conditions as stated herein are accepted, agreed to and acknowledged.