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- | This End User License | + | //TAD License |
- | Licensor may modify | + | 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" |
- | For the purpose of this Agreement, “Software” means Licensor’s software product, namely____________(in object code format only) delivered | + | 2. The term " |
- | BY CLICKING ON THE “I AGREE” (OR SIMILAR BUTTON) OR BY DOWNLOADING AND USING THE SOFTWARE AND THE SERVICES, YOU INDICATE YOU ASSENT TO THE FOLLOWING TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEEMENT, DO NOT USE OR ACCESS THE SERVICES. | + | 3. The copyright of this software belongs solely to Sabu Francis, resident of Navi Mumbai, Maharashtra, |
- | " | + | 4. There are several versions of this software |
- | This Agreement includes our Privacy Policy, Acceptable User Policy, and any other referenced policies and attachments. | + | |
- | 1. 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. |
- | 1.1 Subject | + | 6. In future more websites may be added to to this list of websites that constitute TADWEBSITES. |
- | 1.2 You understand that the Software | + | 7. You are free to download it from the appropriate website from the TADWEBSITES. Registration at one of the suitable TADWEBSITES |
- | 1.3 The Licensor grants you the right to redistribute the Software and the Services, subject to the distributions | + | 8. Your email address |
- | 1.4 You agree and acknowledge that the distribution per Section 1.3 above, shall be per the terms and conditions | + | 9. You can use this software as per the conditions |
- | **ACCOUNT REGISTRATION** | + | 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' |
- | You must register for an account | + | 11. This Software is NOT in the public domain. This Software |
- | **LICENSE RESTRICTIONS** | + | 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 " | ||
+ | 12. The " | ||
- | - You shall not distribute, disassemble, | + | 13. Subject |
- | - You shall not permit any third party to access the Software or Services, except as expressly provided in this Agreement. | + | |
- | - You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others by accessing the Services; | + | |
- | | + | |
- | | + | |
- | - You shall not allow third parties | + | |
- | - You shall not sell, resell, rent or lease the Software | + | |
- | - adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify | + | |
- | - You shall not use the Software or the Services in any manner to assist or take part in the development, marketing, or sale of a product potentially competitive with the Software or the Services. | + | |
- | - You shall not reveal | + | |
- | - You shall not interfere with or disrupt the integrity and performance of the Software or third-party data contained therein. | + | |
- | - You shall not copy any features, functions or graphics of the Software or the Services. | + | |
+ | 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. | ||
- | **YOUR OBLIGATIONS FOR USE OF THE SERVICES** | + | 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. | ||
- | - Use and access to the Services | + | If a file produced in this software by you is distributed |
- | - Licensee shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services and shall notify the Licensor immediately of any such unauthorized use or other known breach of security. Licensee shall report | + | |
- | - You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data and in accordance with Acceptable Use Policy. Licensor reserves the right to update such policy as set forth therein. Any use of the Services in violation of Licensor' | + | |
- | - You will be solely responsible for providing all the data required for the proper operation of the Services. You shall have sole responsibility for the accuracy, quality, integrity, reliability, | + | |
+ | 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. | ||
- | **PAYMENT** | + | 18. You cannot use any website other than one of the TADWEBSITES, |
- | The access or use of Services and installation of Software are provided without any charge until the end of December 2015 (“Initial Period" | + | 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. |
- | **RATE LIMIT** | + | 20. You agree to indemnify and hold Sabu Francis, his successors, assigns, subsidiaries, |
- | Your use of the Services for, creation | + | 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 |
- | We reserve our right to implement rate limits for usage of space, and other measurement yardsticks of usage -- such as access to our API (Application Programming Infomration) The same would be informed to you via our website. | + | 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 |
- | **PROPRIETARY RIGHTS** | + | 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, |
- | - You acknowledge | + | 24. This Agreement shall be effective unless |
- | - The copyright, trademark, and other proprietary rights notices contained or incorporated in the Software or the Services may not be removed, altered, or added to in any way. | + | |
+ | 25. If this licensing terms change, Sabu Francis would use the principle of 'best effort' | ||
- | **CONFIDENTIALITY** | ||
+ | === Appendix I: Details=== | ||
- | - The Software and the Service provided under this Agreement contains valuable trade secrets and is the confidential information | + | There are no restrictions in using TAD Designer Lite other than these: |
- | | + | |
- | - You agree to use all commercially reasonable precautions | + | a) This software can only be used after obtaining a registration at the one of the TADWEBSITES. This registration is available |
- | - You agree that under no circumstances | + | |
+ | 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 | ||
+ | |||
+ | But if you to reveal | ||
+ | |||
+ | c) Do not reverse-engineer this Software | ||
+ | |||
+ | 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) | ||
+ | ===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. | ||
- | **THIRD PARTY SOFTWARE** | + | We are only concerned with where you place the files you produce for anonymous distribution. |
+ | |||
+ | 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. | ||
+ | " | ||
- | Third-Party Software is subject to separate terms and conditions provided by such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. The Licensor shall not be responsible for any Third-Party Software. | ||
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- | **TERM AND TERMINATION** | ||
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- | |||
- | This Agreement will commence upon your download of the Software and/or your commencement of the Services and, unless earlier terminated as provided in this Section 9, will continue in perpetuity. 1) This Agreement may be terminated by the Licensor with a written notice of thirty (30) days to the user or 2) This Agreement will immediately terminate upon your breach of this Agreement, unless such breach is curable and is cured by you within 10 days from the date of notice of breach provided to you. Upon the termination of this Agreement, you will immediately but not later than 2 days from the date of termination, | ||
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- | **INDEMNITY** | ||
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- | |||
- | You will defend, indemnify and hold harmless the Licensor from and against any loss, cost, liability or damage, including attorneys’ fees, for which Licensor becomes liable arising from or relating to any claim relating to your data, including but not limited to any claim brought by a third party alleging that your data, or your use of the Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. | ||
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- | **WARRANTY DISCLAIMER** | ||
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- | YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE AND THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SOFTWARE AND THE SERVICES ARE PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS. LICENSOR, ITS SUBSIDIARIES AND AFFILIATES, DO NOT REPRESENT OR WARRANT TO THAT 1) YOUR USE OF THE SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, | ||
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- | THE USER ACKNOWLEDGES AND AGREES THAT, THE SOFTWARE AND SERVICES ARE LIMITED AND PROVISIONAL. THE SERVICES CANNOT BE USED AN ARCHITECTURAL ADVICE OR REPORT AND THE SERVICES SHALL CANNOT BE USED TO BASE ANY CLAIM OR CREATE ANY CITED AS AUTHORITY FOR ARCHITECTURAL ADVICE. | ||
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- | **LIMITATION OF LIABILITY** | ||
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- | IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS OR COMMUNICATION OR DELAY, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), | ||
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- | IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO LICENSOR IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN ONE HUNDRED RUPEES. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THIS AGREEMENT BETWEEN YOU AND THE LICENSOR. LICENSOR WOULD NOT PROVIDE THE SOFTWARE AND THE SERVICES TO YOU ABSENT SUCH LIMITATION | ||
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- | **ANTI-SPAM POLICY** | ||
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- | You are forbidden to transmit unsolicited commercial email (spam) by using the Software and the Services. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Software and the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy. | ||
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- | **General Provisions: | ||
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- | - This Agreement along with the privacy policy, acceptable user policy, anti-spam policy and other policies referred under this Agreement, constitutes the entire or sole legal agreement between you and Licensor and shall govern the use of the Software and the Services and shall supersede and prevail over any prior agreements, whether oral or written, regarding subject matter hereof. | ||
- | - If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable. | ||
- | - Licensor shall have a right to assign this Agreement to its affiliates or any third parties at any time without notice to you. | ||
- | - This Agreement shall be governed exclusively by the laws of India without regard to its conflict of law provisions. The courts of law located within Navi Mumbai, India shall have the exclusive jurisdiction to resolve any dispute or discrepancies arising from this Agreement. | ||
- | - Any waivers and modifications must be in writing and signed by both parties. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. | ||
- | - By registering your details with Licensor you agree that we may contact you with important information relating to the Software or the Services. | ||
- | - No agency, partnership, | ||
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- | ____________ |
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Last modified: le 2023/04/22 20:59