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TAD DESIGNER LITE END USER LICENSE AGREEMENT and TERMS OF USE

TAD License Version 1.0 Feb 22, 2017 All rights reserved. © Sabu Francis- 2017

1. This is the end user license agreement and terms of use, for the software known as “TAD Designer Lite” and its associated websites. Hereafter the term “this Software” or by its shorter form; “TAD” would refer to TAD Designer Lite of the versions specified herein and/or its associated websites.

2. The term “anonymous person” is used here to mean a person whose identity is not known to you or a person who can download some data belonging to you and also has the potential to keep his/her identity hidden from you at the time of downloading such data.

3. The copyright of this software belongs solely to Sabu Francis, resident of Navi Mumbai, Maharashtra, India. All rights, title and interest in and to all copies of this software, including; but not limited to, intellectual property rights and trademark remains with Sabu Francis, resident of Navi Mumbai, India.

4. There are several versions of this software and this license is for all the versions between 6.0.0.0 to 7.0.0.0 This license does not cover any other versions of this software. It supercedes any other version of this software. All earlier versions of this software would be bound by this license.

5. There are two websites that are forms part of this software. One is at teamtad.com and the other is at tad.in.net This license covers information in both these websites, including all their subdomains. These sites are collectively referred as TADWEBSITES.

6. In future more websites may be added to to this list of websites that constitute TADWEBSITES.

7. You are free to download it from the appropriate website from the TADWEBSITES. Registration at one of the suitable TADWEBSITES is mandatory for using this software – without registration, this software will not work. Registration is free for this software and can be carried either before or after installing the software.

8. Your email address is mandatory for registration. Occassional email newsletters would be sent to your email address – and you can opt-out such newsletters if you so wish.

9. You can use this software as per the conditions described in this license agreement. Do not use this Software if you have not read this agreement in its entireity and/or have not agreed to the conditions mentioned herein.

10. This Software is copyrighted and protected by the laws of the India and other countries, and international treaty provisions. Sabu Francis may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Sabu Francis grants no express or implied right under Sabu Francis's or any of his representatives' patents, copyrights, trademarks, or other intellectual property rights. You agree that you will take no action that might jeopardize, limit, or interfere in any way with Sabu Francis's or his appointed representatives' ownership or other rights regarding this Software.

11. This Software is NOT in the public domain. This Software is technically a Freeware (also called gratis Software or “free as in beer” Software). A freeware is a computer Software which:

a) is made available free of charge and b) is not necessarily free to be used, copied, studied, modified and redistributed. In short; there are “restrictions” in its usage.

12. The “restrictions” on the usage and distribution of this software referred to in this license are explained in detail, in common language in appendices at the end of this license, along with examples of use.

13. Subject to the terms of this license Agreement, Sabu Francis hereby grants you a revocable, non-exclusive, non-transferable license to copy this Software onto a single computer for your personal use and to make one back-up copy of the Software, provided that any and all copies made must contain all of the original and unmodified proprietary notices, including, but not limited to, this License Agreement.

14. This software should not be distributed by anyone other than Sabu Francis and/or his appointed representatives and/or legal entities who has made separate agreement with Sabu Francis. However, you can give the software exactly the way you had downloaded it to any individual person whose identity you know, one person at a time. This software cannot be bundled either in full or in part, in any other Software without prior written permission from Sabu Francis.

15. The data produced by this software belongs only to you. Even if the data gets distributed to others, the copyrights of such data would still belong to you. There are several TADWEBSITES available for the exchange of the files that you produce to others, provided you have explicity permitted such an exchange for your data.

16. There are no restrictions for using this software. There are selective restrictions when you distribute some of the files you produce in this software. Distribution to one or more anonymous person(s) should only be done via one of the appropriate TADWEBSITES.

If a file produced in this software by you is distributed to a person or entity known to you at least 14 days prior to the distribution, then this clause does not apply.

17. The data that originated from your usage of this software, and is then placed on the aforementioned distribution TADWEBSITES would belong solely to you. Your data will not be sold commercially or distributed free without your explicit knowledge and agreement from you.

18. You cannot use any website other than one of the TADWEBSITES, to commercially sell the data produced by this software to anonymous persons.

19. If the data is directly used for an architectural project that you and/or your architectural office does, then the aforesaid clause does not apply.

20. You agree to indemnify and hold Sabu Francis, his successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your failure to comply with this Agreement or your violation of any law or the rights of any third party.

21. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof; (b) this Agreement may be amended by Sabu Francis at any time upon written notice of the revised terms hereof; © this Agreement and any dispute arising out of it shall be governed by the laws of the Maharashtra, INDIA, excluding its principles of conflicts of law; (d) unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Mumbai. Maharashtra INDIA, with the losing party paying all costs of arbitration; (e) the parties hereby consent to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement or necessary to protect the rights or property of that party pending the completion of arbitration will be brought in the state or federal courts sitting in the State of Maharashtra; (f) this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods; (g) if any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect; (h) a waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof; (i) the provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination; (j) this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns; (k) neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay), or interruption of service resulting directly or indirectly from any cause beyond its reasonable control, and; (l) if any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

22. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. SABU FRANCIS DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS-FREE, OR THAT ANY DEFECT IN THE SOFTWARE WILL BE CORRECTED. SABU FRANCIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL SABU FRANCIS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SABU FRANCIS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOU ALSO AGREE THAT SABU FRANCIS'S ENTIRE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR DEMAND ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE SUM OF THE FEE YOU PAID FOR THE PRODUCT (IF ANY), WITH THE SOLE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SABU FRANCIS, TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH DAMAGES.

23. This Software may include freeware and/or public domain Software and/or open source Software from third parties that has suitable bundling license. We have taken reasonable care to ensure that we can distribute such said utilities and they are included in the distribution only for convenience. We do not provide support for those utilities and neither do we claim that those utilities are mandatory for using our Software. Wherever appropriate, these Software and/or standards are separately acknowledged in this license document.

24. This Agreement shall be effective unless and until terminated by Sabu Francis. Sabu Francis may, without prejudice to any other rights under this Agreement or applicable law, terminate the license granted in this Agreement at any time without notice to you if you fail to comply with any of the terms and conditions of this Agreement.

25. If this licensing terms change, Sabu Francis would use the principle of 'best effort' to ensure that all the registered users of this software is informed either on some appropriate TADWEBSITES and/or the following social media sites: Facebook, Twitter and LinkedIn.

Appendix I: Details

There are no restrictions in using TAD Designer Lite other than these:

a) This software can only be used after obtaining a registration at the one of the TADWEBSITES. This registration is available free for the stated versions in this license, and it does not require to reveal any of your personal details if you so wish; other than your own email address. If you do not wish to reveal the email address that you normally use, then we suggest you obtain an email address from a free site and use that instead. One newsletter may be sent to the registered email address – which you can unsubscribe from, if you so wish. The website will not send you spam or any other unsolicited information. Critical emails - that pertains to the security and other such matters – may be sent.

b) If you plan to keep a TAD model file created using your copy of this software for yourself; without revealing its contents to anyone else other than members directly working on your project, you are not obliged to us at all. Even if you do use the file for your commercial benefit you are not obliged to us. For e.g. You can use the file to create an architectural project.

But if you to reveal the contents of the TAD file you've created to anyone else other yourself, AND such a person is an anonymous person or potentially anonymous person then you must place such a file at one of the TADWEBSITES (or any other site that we may announce from time to time) and transfer your files using the rules of that website.

c) Do not reverse-engineer this Software and/or write something equivalent and/or attempt to patent parts/whole of this software. Why not join us instead, and work for the common good?

d) If you are interested in advocating this Software please note that we only permit notifications on public website discussion boards and Wikis. Under no circumstances shall mass email (spam) be sent to anonymous users either by email or on USENET. You may email information on TAD to people whom you know and while informing them, kindly make them aware of this explanation in this license.

Appendix II: Examples

a) Say you create a TAD model for a building, which you now want to sell to fellow architects who could use it as a case-study. That file must be sold only via the appropriate TADWEBSITES

b) Say you create a TAD model for a building and you want to get it rendered from a service provider who will render it for you, then you should ideally export it to a renderable format (e.g. Renderman) and give the exported file to the rendering service. If you plan to give the TAD model itself to the rendering service, then it must be done via an appropriate TADWEBSITES

c) Say you work in your office and you create a TAD model for designing your own or your clients project and you are not interested in revealing your design and/or relinquishing the copyrights to your work to anyone else. In such a case you are not obliged to us. You are then free to make private arrangements on how and where your file can be used for your own architectural works.

We are only concerned with where you place the files you produce for anonymous distribution. To put it simply: if the files are to be placed outside your own computers for access of others other than your own staff or your clients or your consultants – all directly working on the same project; we would want you to route those files through a suitable site on TADWEBSITES

d) Say you wrote some special tutorial for TAD and you now want to give that away or sell it to other users who you potentially do not know. You are allowed to do it only using TADWEBSITES if there was at least ONE TAD file in that tutorial. Note that you may not have not created the entire tutorial using TAD itself, but if the tutorial bundles at least one TAD file that you created in TAD, it qualifies for this rule

e) If you created a TAD file that you want to distribute to your own staff working on a remote location using the Internet, you are NOT obliged to do it through our TADWEBSITES.

f) If you liked TAD so much that you want to distribute it yourself to your friend, then just write an email to your friend asking him to visit the appropriate TADWEBSITE used for registration. You are allowed to distribute the setup program for TAD you had obtained for yourself, to your friend. However note that you may have obtained an older version than what is available on the appropriate TADWEBSITES and you are obliged to inform your friend of such a possibility

g) If you are a developer of a Software which you feel you can bundle along with TAD, then you must first obtain written permission from Sabu Francis. You are not allowed to re-distribute TAD in any form either in whole or in any part, either bundled or standalone; on your own, on a CD, in a magazine, on your own website, or any other media that Internet makes avaialable

Appendix III: Additional Acknowledgements

The RenderMan Interface Procedures and RIB Protocol are: Copyright 1988, 1989, Pixar. All rights reserved. RenderMan is a registered trademark of Pixar.

“Design Workshop” is the trademark of Artifice Inc.

tos.txt · Last modified: 2017/10/05 05:52 (external edit)