Software License Agreement

LinkCAD is © Copyright Gehriger Engineering. All Rights Reserved.

NOTICE: GEHRIGER ENGINEERING LICENSES THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE, AS DOING SO WILL INDICATE YOUR CONSENT TO THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REMOVE THE SOFTWARE FROM YOUR COMPUTER.

DEFINITIONS

"Software" means all the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided; “Gehriger Engineering” means Gehriger Engineering, a Swiss sole proprietorship, having its principal place of business at Lausanne (VD), Switzerland.

LICENSE AND WARRANTY

The Software is and remains in the sole ownership of Gehriger Engineering and is protected by copyright law. While Gehriger Engineering continues to own the Software, you will have certain rights to use the Software after your acceptance of this non-exclusive license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows.

YOU MAY

(a) if you have purchased a single user license, use one copy of the Software on a single computer;

(b) make copies of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;

(c) if you have purchased a network license, use the Software on any computer on a network within a single geographical site, with the number of concurrent users limited by your specific license type;

(d) after written notice to Gehriger Engineering, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement. 

YOU MAY NOT

(a) make copies of the Software in excess of those mentioned in lit (a) and (b) above;

(b) distribute the Software or its documentation;

(b) sublicense, rent or lease any portion of the Software;

(c) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software. 

NO WARRANTY

The Software is being delivered to you "AS IS" and Gehriger Engineering make no warranty as to its use or performance.

GEHRIGER ENGINEERING DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, GEHRIGER ENGINEERING MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES WILL GEHRIGER ENGINEERING BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. GEHRIGER ENGINEERING’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION

The Software and any authorized copies that you make are the intellectual property of and are owned by Gehriger Engineering. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Gehriger Engineering. The Software is protected by law, including without limitation the copyright laws of the United States, Switzerland, and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Gehriger Engineering.

GENERAL

This Agreement will be governed by the substantive laws of Switzerland. THE COMPETENT COURTS AT LAUSANNE, SWITZERLAND, SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. This
Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and Gehriger Engineering. This is the entire agreement between Gehriger Engineering, Gehriger Engineering and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

Should you have any questions concerning this Agreement, or if you desire to contact Gehriger Engineering for any reason, please write:

Gehriger Engineering
Chemin de Villardin 4
1004 Lausanne
Switzerland
email: [email protected]

© Copyright 2022 Gehriger Engineering. All Rights Reserved.