Please read the license agreement below
Progressive Wood Works, Inc.
Software Evaluation License Agreement
BEFORE YOU ARE PERMITTED TO DOWNLOAD, INSTALL AND USE THE SOFTWARE OF
PROGRESSIVE WOOD WORKS, INC. ("SOFTWARE"), YOU MUST AGREE TO THE
TERMS AND CONDITIONS OF THIS SOFTWARE EVALUATION LICENSE AGREEMENT (“LICENSE
AGREEMENT”). YOU ACKNOWLEDGE THAT YOU ARE AUTHORIZED TO ENTER INTO THIS
LICENSE AGREEMENT AND THAT YOU, INDIVIDUALLY AND ON BEHALF OF YOUR
COMPANY, AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT, THEN YOU ARE NOT PERMITTED TO
DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
Progressive Wood Works, Inc., shall be referred to as the Licensor. A User
shall have the meaning stated in Section 2(a) of this License Agreement.
The term Software includes all copies of the Licensor's software
(including user documentation) that you have downloaded pursuant to the
terms of this License Agreement.
a. Authorized Use. Licensor grants you a non-exclusive, non-transferable
license to use the Software for the sole purpose of evaluating the
Software in order to consider obtaining a perpetual license of the
Software for your own internal use. The Software is not permitted to be
used in a production manner. A Use means storing, loading, installing,
executing or displaying the Software. You are not permitted to allow any
third parties to access, use or support the Software. You are permitted to
use the Software for a term of thirty (30) days from the date of receipt,
and must de-install and destroy all copies of the Software within five (5)
days after expiration of the Use period, unless otherwise extended in
writing by Licensor in either case.
b. Copies. You may make one copy of the Software for Use, provided that: (i)
the Software is installed on only one server or computer; (ii) the
Software is not modified or enhanced; and (iii) all Licensor's copyright,
trademark or other proprietary ownership notices are maintained on all
copies of the Software.
c. Restrictions on Use. You may not: (i) copy (other than once for
installation purposes), distribute, rent, lease or sublicense all or any
portion of the Software; or (ii) reverse engineer, decompile or
disassemble the Software, or (iii) remove any proprietary notice of
Licensor from any copy of the Software.
d. Ownership. The Software, including all copies thereof, is licensed and
not sold to you by Licensor. Licensor owns all copyright, trade secret,
patent, and other proprietary rights in the Software. This License
Agreement confers no title or ownership in the Software and is not a sale
of any rights in the Software. Rather, you have a license to Use the
Software as permitted under this Agreement and for the term specified
herein. Any other utilization of the Software by any person, business,
corporation, government organization or any other entity is strictly
forbidden and is a breach of this License Agreement.
e. Other Licenses Available. A license that would enable you to use the
Software for any other term or purpose is available from Licensor at
Licensor's then current rates and terms. Please contact Licensor's sales
department at email@example.com
for additional information.
You acknowledge that the Software contains proprietary trade secrets of
Licensor and you hereby agree to maintain the confidentiality of the
Software using at least the same degree of care as you use to maintain the
confidentiality of your own most confidential information. You agree to
reasonably communicate the terms and conditions of this License Agreement
to those persons employed by you who come into contact with or access the
Software, and to use reasonable efforts to ensure their compliance with
such terms and conditions, including, but not limited to, not knowingly
permitting such persons to use any portion of the Software for a purpose
that is not allowed under this License Agreement.
4. Limited Warranty
THE SOFTWARE IS FURNISHED AS IS WITHOUT WARRANTY OF ANY KIND, INCLUDING
THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND WITHOUT WARRANTY AS TO THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE. Some states do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you. This
warranty gives you specific legal rights, and you may also have rights
which vary from state to state.
5. Limitation of Liability
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL, DIRECT, ACTUAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE OR OTHERWISE SHALL NOT
EXCEED THE LESSER OF $25.00 OR ANY AMOUNTS PAID BY YOU FOR THE SOFTWARE
HEREUNDER. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
6. Export Restrictions
This License Agreement is expressly made subject to any laws, regulations,
orders or other restrictions on the export from the United States of
America of the Software or information about such Software that may be
imposed from time to time by the government of the United States of
America. You shall not export the Software or information about the
Software without the consent of Licensor and in compliance with such laws,
regulations, orders or other restrictions.
This License Agreement is effective until terminated. You may terminate
this License Agreement at any time by destroying or returning to Licensor
all copies of the Software in your possession or under your control.
Licensor may terminate this License Agreement for any reason, including,
but not limited to, if Licensor finds that you have breached any of the
terms of this License Agreement. Upon any termination, you agree to
destroy all copies of the Software and to certify in writing that all
known copies, including back-up copies, have been destroyed. All
provisions relating to confidentiality, proprietary rights,
non-disclosure, and limitation of liability shall survive the termination
of this License Agreement.
8. U.S. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Progressive Wood Works, Inc. 289 Hall Avenue,
White Plains, NY 10604.
This License Agreement shall be construed, interpreted and governed by the
laws of the State of New York without regard to conflicts of law
provisions thereof. The exclusive forum for any disputes, claims or causes
of action arising out of or relating to this License Agreement shall be an
appropriate federal or state court located in Westchester County, State of
New York, USA. This License Agreement shall constitute the entire
agreement between the parties hereto with respect to the evaluation of the
Software pursuant to the terms of this License Agreement, and supersedes
all prior agreements, oral and written, with regards to such subject
matter. Any waiver or modification of this License Agreement shall only be
effective if it is in writing and signed by both parties hereto. If any
provision of this License Agreement is found invalid or unenforceable by a
court of competent jurisdiction, the remainder of this License Agreement
shall be interpreted so as to reasonably affect the intention of the
It will require you to add 1 file to the startup suite and load the
toolbar. SmartMachiningDemo is fully-functional in 10 minute intervals.
You must restart AutoCAD after ten minutes to continue using SmartModeling.
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Copyright © 2005 Progressive Wood Works, Inc. All rights reserved