DO NOT SHARE
YOUR USERNAME AND/OR PASSWORD WITH OTHERS.
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Texas Computer Graphics reserves the right to refuse service,
terminate accounts, remove or edit content in its sole discretion.
Definitions:
Licensed Program means whichever features of the Web Control Interface you have
licensed. Web Control Interface means any of the web controls provided under
this Agreement on a TCG web-site, including any non-subscribed or unenabled
features thereof, and any associated user documentation.
License to the Licensed
Program: By this Agreement, TCG grants
to you a non-exclusive license to use the Licensed Program (and any updates
thereof for which you have paid a subscription fee) on the terms and conditions
outlined in this Agreement. Any features for which you have not paid a
subscription fee or any other unenabled features of the Licensed Program are
unlicensed and you agree not to use or access such features. The source code of
the Web Control Interface, and the algorithms, concepts, techniques, methods and
processes embodied therein, constitute trade secrets and confidential and
proprietary information of TCG and its licensors, and
LICENSEE shall not access or use such trade secrets and
information in any manner, except to the extent expressly permitted herein.
TCG and its licensors retain all title, copyright, patent and
other proprietary rights therein. LICENSEE agrees not to remove
or obscure any copyright, trademark or patents notices found in or on any user
documentation or the Web Control Interface.
Pursuant to this Agreement, you may: (a) use the Licensed Program from a
single computer by accessing the Web Control Interface from a
TCG web-site; (b) use the Licensed Program for the sole purpose
of developing design drawings, although if you have accessed the Licensed
Program through TCG's University Program or accessed a Student Version, you are
only permitted to use the Licensed Program for educational and academic purposes
only and expressly excluding any commercial purposes. The Licensed Program may
be transferred to another party provided the other party agrees to accept the
terms and conditions of this Agreement and you notify TCG in
writing of the identity of the transferee.
YOU MAY NOT DOWNLOAD, USE, COPY, MODIFY, DISTRIBUTE OR TRANSFER THE
WEB CONTROL INTERFACE OR ANY COPY, OR MERGED OR COMBINED PORTION THEREOF, IN
WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. IF YOU
TRANSFER POSSESSION OF ANY COPY, OR MERGED OR COMBINED PORTION OF THE SOFTWARE,
TO ANOTHER PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR LICENSE IS
AUTOMATICALLY TERMINATED. YOU MAY NOT DECOMPILE, DISASSEMBLE OR OTHERWISE
ATTEMPT TO ACCESS THE SOURCE CODE OF THE SOFTWARE; PROVIDED, HOWEVER, THAT IF
YOU ARE LOCATED IN A MEMBER NATION OF THE EUROPEAN COMMUNITY OR OTHER
JURISDICTION THAT PERMITS LIMITED REVERSE ENGINEERING, YOU MAY PERFORM LIMITED
REVERSE ENGINEERING, BUT ONLY AFTER GIVING NOTICE TO TCG AND ONLY TO THE EXTENT
PERMITTED BY THE EC SOFTWARE DIRECTIVE OR OTHER APPLICABLE LAW.
TCG's
Licensors: The Software may contain or be derived from
portions of code and documentation provided by third parties ("Licensors").
TCG has assumed responsibility for the selection of such code
and documentation and its use in producing and licensing the Licensed Program.
LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE USE OF SUCH CODE OR
DOCUMENTATION IN THE WEB CONTROL INTERFACE, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
Term: The license is
effective until terminated. You may terminate it at any time by submitting in
writing your "Intent To Terminate" to TCG. It will also
terminate upon conditions set forth elsewhere in this Agreement or if you fail
to comply with any term or condition of this Agreement. You agree upon such
termination to destroy all printed copies, and merged or combined portions
thereof in any form and certify same to TCG .
Limited Warranty and
Remedies: TCG warrants that the Web
Control Interface will perform substantially in accordance with TCG's current
claims, if used in compliance with the terms of this Agreement and directions
set forth. This warranty is limited to you and is not transferable.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE WEB CONTROL INTERFACE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND TCG EXPRESSLY DISCLAIMS
ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE AS A RESULT OF USING THE WEB CONTROL INTERFACE. Some
jurisdictions do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you in full, but shall be interpreted to apply to the
maximum extent permissible under applicable law.
TCG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB CONTROL
INTERFACE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEB CONTROL
INTERFACE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ALSO ASSUME RESPONSIBILITY
FOR THE SELECTION OF THE WEB CONTROL INTERFACE TO ACHIEVE YOUR INTENDED RESULTS
AND FOR THE USE, AND RESULTS OBTAINED FROM THE WEB CONTROL INTERFACE.
YOUR SOLE REMEDIES AND TCG'S ENTIRE LIABILITY ARE AS SET FORTH ABOVE.
IN NO EVENT WILL TCG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES,
INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, RECALL
COSTS, BUSINESS INTERRUPTION DAMAGES, LOSS OF OR DAMAGE TO INFORMATION, LOST
PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE WEB CONTROL INTERFACE. Some jurisdictions do not allow the limitation
or exclusion of special, incidental or consequential damages, so the above
limitations or exclusions may not apply to you in full but shall be interpreted
to apply to the maximum extent permissible under applicable law.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. To the extent that
the Software is derived from third-party software, no such third party warrants
the Software, assumes any liability regarding use of the Software or undertakes
to furnish you any support or information relating to the Software.
Representations:
TCG has the right to enter into this Agreement. With the
exception of any portion of the Web Control Interface that is licensed by
TCG from its Licensors, the Web Control Interface is
proprietary to TCG. TCG is not currently aware
of any claim of infringement with respect to the Web Control Interface.
General: Under no
circumstances shall TCG be liable to any party in an amount
beyond a single monthly subscription fee paid by you or your employer to
TCG for the Licensed Program covered by this Agreement. You may
not sublicense, assign, or transfer the license, the Web Control Interface, or
disclose any trade secrets embodied in the Web Control Interface, except as
expressly provided in this Agreement. Any attempt otherwise to sublicense,
assign, or transfer any of the rights, duties, or obligations hereunder is void
and shall automatically terminate this license. You agree not to knowingly,
directly or indirectly, without prior written consent, if required, of the
office of Export Administration of the US Department of Commerce, Washington
D.C. 20230, export or transmit any of the Web Control Interface, or any direct
product thereof, to any country to which such transmission is restricted by applicable regulations or
statutes.
This Agreement is entered into for the benefit of TCG and
its Licensors and all rights granted to you and all obligations owed to
TCG shall be enforceable by TCG and its
Licensors. No modification of this Agreement will be binding unless in writing
and signed by authorized representatives of each party. If any of the provisions
of this Agreement are held to be in violation of applicable law, void or
unenforceable, then such provisions are herewith waived or amended to the extent
necessary for the Agreement to be otherwise enforceable. If you have any
questions concerning this Agreement, including Web Control Interface maintenance
or warranty service, you should contact Texas Computer Graphics, Inc., P. O. Box
383, Nederland, Texas 77627.
This Agreement will be governed by the laws of the State of Texas, United
States of America. You agree to submit to the exclusive jurisdiction of the
courts in the County of Jefferson, State of Texas for the resolution of any
dispute or claim arising out of or relating to this Agreement. The prevailing
party in any legal action or arbitration arising out of this Agreement shall be
entitled to reimbursement for its expenses, including court costs and reasonable
attorneys' fees, in addition to any other rights and remedies such party may
have.
BY USING THE WEB CONTROL INTERFACE, REGISTERING TO THIS WEBSITE, OR
PAYING A SUBSCRIPTION FEE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
YOU AND TCG WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND TCG RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.