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TERMS & CONDITIONS


End User Agreement

TCG Web Menu User Agreement

Revised and effective as of July 1, 2012

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE INTERNET WEB CONTROL INTERFACE PROVIDED TO YOU VIA THIS WEB-SITE. BY USING THIS WEB CONTROL INTERFACE, YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS, WHICH CONSTITUTE THE LICENSE AGREEMENT ("AGREEMENT") BETWEEN YOU AND TEXAS COMPUTER GRAPHICS, INC. ("TCG"). IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB CONTROL INTERFACE. IF YOU WISH TO PRINT OUT THIS PROGRAM LICENSE SUBSCRIPTION AGREEMENT, YOU SHOULD HIGHLIGHT THIS TEXT, RIGHT-CLICK, SELECT "COPY" THEN "PASTE" IT INTO A DOCUMENT IN YOUR WORD PROCESSING PROGRAM.

Your Membership Account:   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.


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