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LABS Software License Agreement Participants must have registered with SolidWorks Labs This license agreement covers any SolidWorks Labs software you use, whether downloaded to your local computer or accessed as a hosted service via SolidWorks Labs (all of which is considered equivalent to alpha or beta software and is referred to as "Labs Software"). Because this software is experimental and has not yet been released for large-scale commercial use, the license terms vary from the standard end user license terms. The LABS Software has the following general characteristics: Labs Software is available for evaluation of new and experimental functionality. Labs Software may be unstable and have critical bugs - so it should never be used in a production environment or to modify production data. Any analysis tool is for preliminary analysis only and is not a replacement for field testing and experience to validate your final design. It is strongly recommended to create a backup of all model files and data. Limitations on Storage: SolidWorks will provide you with limited storage in connection with your use of SolidWorks Labs [approximately 10 Mb.] and may delete any files in your storage after it has been there 30 days. SolidWorks Corporation ("Corporation") grants to you a royalty-free license to use the Labs Software while visiting the SolidWorks Labs site and thereafter if the Labs Software is downloaded to you local computer. The license will be available for 90 days and then will expire. One of the principle purposes of making the Labs Software available to you free of charge is to learn whether it is useful to the public. Therefore we will request that you allow us to collect this usage information. If you agree, the Labs Software will automatically collect certain usage and system data and email it to SolidWorks to give us additional information about stability and the use of the Labs Software. This data is maintained in aggregate form - it is not associated with an identifiable person. This letter agreement sets forth the terms that govern the use of the Labs Software: 1. You are granted a free, temporary [90 days], personal, nontransferable, license to use the Labs Software, solely for your own internal use for testing purposes. You may not sublicense, resell, or distribute the Labs Software to third parties or remove the Labs Software from the country where you received it. SolidWorks and its licensors retain all right, title, and interest in the Labs Software throughout the world, including, without limitation, copyright. You may not copy, modify or make works derivative of the Labs Software and you may not analyze for purposes competitive to SolidWorks, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Labs Software as it contains trade secrets of SolidWorks and its licensors. This license shall continue so long as you do not violate its terms. Sections 2, 3 and 8 survive termination. 2. You acknowledge that the Labs Software may contain software bugs, errors, or other defects, and you agree that you will not rely on the performance of the Labs Software in your business without adequate back-up, parallel, or contingency measures. You should not use the Labs Software in a production environment. There is no guarantee that model files or data will be compatible between versions of the Labs Software or that later versions will not corrupt files created with earlier versions or contain critical bugs or instabilities. In addition, certain Labs Software may time-out after a given period of time. For these reasons, you must not use the Labs Software in a production environment. There is no assurance that all functionality that appears in the Labs Software will available in any commercially released version of any SolidWorks product. "AS-IS" Warranty. SolidWorks provides the Labs Software to you AS IS and without a warranty of any kind. SolidWorks and its licensors do not warrant the performance or results you may obtain by using the Labs Software, that the Labs Software will meet your requirements or that the operation of the Labs Software will be uninterrupted or error free. If you submit data to a SolidWorks hosted internet site, SolidWorks will not be responsible for its security or for restoring any data if it is deleted. SolidWorks and its licensors make no warranties, including, without limitation, any implied warranties of merchantability, non-infringement, and fitness for a particular purpose. SolidWorks and its licensors shall have no liability, whether in contract, tort, or otherwise, for any damages, including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, arising from the Labs Software, use of the Labs Software, SolidWorks� services, or any data or materials produced using the Labs Software. 3. Security. Since SolidWorks Labs is not intended for production usage, the security of the site and the storage may not be equivalent to the security you use for your own production models. SolidWorks accepts no responsibility for maintaining the security of any models of data transmitted to the SolidWorks Labs site and you should adjust your usage of the site accordingly. 4. SolidWorks encourages you to provide comments to SolidWorks regarding the performance of the Labs Software, including reporting any errors in the Labs Software, and to suggest improvements to the Labs Software. You agree that SolidWorks may incorporate any suggested changes or improvements in any release versions of the Labs Software without further liability or compensation to you and that SolidWorks will own all rights in any modifications or improvements it chooses to make to commercially released versions of the Labs Software as a result of your comments. 5. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software - Restricted Rights), DFARS 252.227-7202 (Commercial Computer Software and Commercial Computer Software Documentation) and in this Agreement, as applicable. Contractor/Manufacturer: SolidWorks Corporation, 300 Baker Avenue, Concord, Massachusetts 01742. 6. European Software Directive. If the provisions of the Council of European Communities Directive of May 14, 1991 on the Legal Protection of Computer Programs as implemented in applicable national legislation (the "Software Directive") apply to your use of the Labs Software, and you wish to obtain the information necessary to achieve interoperability of an independently created computer program with the Labs Software as permitted under Article 6 of the Software Directive ("Interoperability Information"), you must notify SolidWorks in writing, specifying the nature of the Interoperability Information you need and the purpose for which it will be used. If SolidWorks reasonably determines that you are entitled to such Interoperability Information under the Software Directive, SolidWorks shall, at its option, either (i) provide such Interoperability Information to you, or (ii) allow you to reverse engineer the Labs Software, within the limits and for the purposes prescribed by the Software Directive, solely to the extent indispensable to obtain such Interoperability Information. If SolidWorks elects clause (i), you will provide any information and assistance reasonably requested by SolidWorks to enable SolidWorks to perform clause (i), and SolidWorks may charge you a reasonable fee for making available the requested Interoperability Information, unless such a fee is prohibited under the Software Directive. 7. Export Rules. You acknowledge that the Labs Software is subject to the export control laws of the United States or the United Kingdom and agree not to export or re-export the Software (i.e., move the Software from the country in which you first licensed it) without the appropriate United States or foreign government licenses and the written approval of SolidWorks and its licensors. In addition, you represent and warrant that you are not a citizen of, or located within an embargoed or otherwise restricted nation (including without limitation Cuba, Iran, North Korea, Sudan or Syria) and that you are not otherwise prohibited under the export control laws from receiving the Labs Software. All rights to use the Labs Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement. 8. This Labs Software license contains the entire agreement between you and SolidWorks with respect to its subject matter, and shall be governed by, and construed and enforced in accordance with, the substantive laws of The Commonwealth of Massachusetts without regard to its principles of conflicts of law and without regard to the United Nations Convention on Contracts for the International Sale of Goods and will be deemed a contract under seal. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect. Thank you very much for using the Labs Software. We look forward to continuing a relationship in which we will provide you with what we believe will be the highest-quality and most cost-effective CAD software available. Please confirm your acceptance of these terms below.
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