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End User License Agreement for CircuitMaker 2000

WARNING: THE SOFTWARE AND PRODUCT CONTAINED HEREIN IS PROTECTED


BY U.S. COPYRIGHT AND APPLICABLE LOCAL COPYRIGHT LAWS, PURSUANT
TO THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND
ARTISTIC WORKS AND OTHER APPLICABLE CONVENTIONS. ANY VIOLATION
SHALL BE SUBJECT TO PROSECUTION.
PROTEL AND ITS LICENSORS ARE THE SOLE OWNERS OF SUCH COPYRIGHT
AND ANY OTHER PROPRIETARY RIGHTS RELATING TO THE EXPRESSION OF
THE SOFTWARE AND PRODUCT AND TRADEMARKS RELATING THERETO. THIS
SOFTWARE SHOULD ONLY BE USED WITH THE APPLICABLE OPERATING
ENVIRONMENT BY AUTHORIZED USERS AND AS PROVIDED IN THE LICENSE
AGREEMENT.

For further information please inquire with any Protel office


or authorized CircuitMaker reseller.

IMPORTANT - CAREFULLY READ ALL TERMS AND CONDITIONS OF THIS


LICENSE AGREEMENT BEFORE CONTINUING WITH THE INSTALLATION.
CONTINUING WITH THE INSTALLTION INDICATES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS. PROTEL IS WILLING TO LICENSE THE
ENCLOSED SOFTWARE TO YOU ONLY UPON THE PREREQUISITE THAT YOU
ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND
CONDITIONS, THEN YOU SHOULD TERMINATE THE INSTALLATION PROCESS
AND PROMPTLY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FROM
WHICH IT WAS OBTAINED, AND YOUR MONEY WILL BE REFUNDED.

The CircuitMaker Product, consisting of the media


(containing the "Software"), the "User Documentation" and
the "Security Device" (if one is included with the product) is
the sole property of Protel International Limited. ("Protel"),
and is protected by United States and international copyright
law, trademark and international trade provisions. THIS
LICENSE IS NOT A SALE and conveys no right or interest
other than a right to use solely as provided herein. The title
and all ownership rights including copyright for the Product
remains with Protel and its suppliers.
Under this License Agreement, the user receives a non-exclusive
license to use the CircuitMaker Product for a non-fixed term,
WHICH CAN BE REVOKED BY PROTEL IF ANY TERMS OR CONDITIONS OF
THIS LICENSE AGREEMENT ARE VIOLATED. The Software and User
Documentation are provided with RESTRICTED RIGHTS.
The use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or paragraphs (c)(1) and (2)
of the Commercial Software Restricted Rights at 48CFR
52.227-19, as applicable. Contractor/manufacturer is Protel
International Limited, 12a Rodborough Rd Frenchs Forest
2086 Australia.
You agree to use best efforts to ensure that no governmental
entity shall acquire any rights to the Product of any kind
under any governmental laws, rules or regulations pertaining
to government acquisition or otherwise. By returning the
Registration Card, registering with the appropriate Protel
Registration Agency, OR BY USING THE PRODUCT, you
accept all of the terms and conditions of this License. If you
do not agree to these terms and conditions, you may return
the Product within (30) days for a full refund.

Permitted Uses - You May

1) Use Software on a single computer at any one time. If


you have multiple licenses of the software, then at any time
you may have as many copies of the software in use as you
have licenses. "In use" shall be defined as loaded into
temporary memory (i.e., RAM).

2) Transfer the Software from computer to computer


provided that it is not used on more than one computer at
any one time.

3) Install the Software on a network server, only if the sole


purpose is for the distribution to other computers using the
Software in a single site, defined as a 1 Kilometer radius
from the server, in accordance with the terms and conditions
of this License Agreement.

4) Produce a single copy of the Software media exclusively


for back-up or archive purposes. If at any time the back-up
or archive copy is damaged, a second copy can be
produced, if the damaged back-up or archive media is
destroyed or erased.

5) Use the Software only in the machine executable form is


which it is provided.

Prohibited Uses - You May Not

1) Use this Software in a computer system or network which


allows the program to be operated by more than one user at
a time, without the appropriate number of Product Licenses.

2) Use any program module of the Software with a Security


Device provided by an entity other than Protel, or a source
authorized by Protel, or modify any program module so that
it may be used without a Security Device (if included with
Product).

3) Except as specified in this Agreement, use, modify, copy,


sell, transfer, distribute, or disseminate (including translation
in another language) any Software program module or User
Documentation, or any copy thereof.

4) Reverse engineer, translate, decompile or disassemble


any Software program module or Security Device, provided
that you shall not be prohibited from achieving
interoperability of the Software with its operating
environment to the extent you have such right under Articles
5 and 6 of the EC Council Software Directive of May 14,
1991 and reasonable information and assistance to achieve
such interoperability is not available from Protel.

5) Rent, lease or sublicense the product software, user


documentation, security device, or any portion thereof
without Protel's prior written consent.
Limited Warranty

If you discover physical defects in the Protel product,


Security Device (if any), or media on which the Software was
distributed, Protel will, at its option, either replace the
defective components or refund your license fee for the
Protel product. These are your exclusive remedies for
breach of this limited warranty. However, in order to
exercise such remedies, you must return the defective item
to the place of purchase, WITH PROOF OF PAYMENT,
during the warranty period of ninety (90) days from the date
you take delivery. If failure of the media (containing the
Software) or Security Device has resulted from accident,
abuse, or misapplication of the product, then Protel shall
have no responsibility to replace these items under warranty.

PROTEL DISCLAIMS ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED


WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE
SOFTWARE, USER DOCUMENTATION, AND SECURITY DEVICE ARE LICENSED
ON AN "AS IS" BASIS AND YOU ASSUME THE ENTIRE RISK AS TO THEIR
PERFORMANCE.

UNDER NO CIRCUMSTANCES, SHALL PROTEL BE LIABLE FOR ANY


CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF
THE SUPPLY, USE OF OR INABILITY TO USE THIS PRODUCT, INCLUDING,
WITHOUT LIMITATION, DAMAGES, LOSS OF PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF INFORMATION, EVEN IF PROTEL HAS BEEN
ADVISED TO THE POSSIBILITY OF SUCH LOSSES. IN NO EVENT WILL
PROTEL'S LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON
EVER EXCEED THE LOWER OF THE SUGGESTED LIST PRICE OR ACTUAL
PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF
ANY FORM OF THE CLAIM. YOU ACKNOWLEDGE THAT THE LICENSE FEE
REFLECTS THIS ALLOCATION OF RISK.

Some jurisdictions may not allow the exclusion or limitation


of liability for consequential or incidental damages, so the
above limitation may not apply to you. This limited warranty
gives you specific legal rights. You may also have other
rights which vary by jurisdiction.

Governing Law; Other

This License Agreement is the complete and exclusive


statement of your agreement with Protel and supersedes
any prior agreement and any other communications, oral or
written, between you, the user, and Protel regarding its
subject matter. This License Agreement shall be construed
and exclusively enforced in accordance with its English
language version and all disputes relating in any way to this
License Agreement shall be governed by the internal laws of
the State of California, except to the extent required
otherwise under the laws of your jurisdiction. The
International Sale of Goods Convention shall not apply to
this License Agreement. In the event of any dispute, you
consent to non-exclusive jurisdiction and venue in a
competent court in the State of California.
This License Agreement is subject to and conditional upon
compliance with United States export regulations and you
shall comply with all applicable laws and regulations of the
United States, including export, relating to the Product and
the your use thereof, and you shall provide such
documentation and assurances as are required from time to
time to comply herewith. You shall pay any and all taxes,
export/import customs fees, duties, excise or other charges
of whatever nature as or now may hereafter be imposed
upon or levied in connection with the license, use,
possession, exportation, or importation, or servicing of the
Product (except for taxes imposed on the net income of
Protel) and any such taxes, fees, duties or such similar costs
imposed on Protel shall be promptly reimbursed to Protel by
you upon demand and may be added to the price for this
license at Protel's option.
This License Agreement shall inure to the benefit of and be
binding upon Protel, the user and their respective
successors, heirs, administrators and assigns. If any
provision of this License Agreement is found void or
unenforceable, that provision will be enforced to the
maximum extent possible in the applicable jurisdiction
without invalidating or rendering unenforceable such
provision in any other jurisdiction, and the remaining
provisions of this License Agreement will remain in full force
and effect. If any remedy provided in this License Agreement
is determined to have failed of its essential purpose, all
limitations of liability and exclusions of damages set forth
above shall remain in full force and effect.

Termination

THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. You may terminate


it by destroying or returning the magnetic media (containing
the Software), User Documentation, Security Device and all
copies thereof (including destruction of all electronically
stored copies). THIS LICENSE WILL TERMINATE IF YOU FAIL TO
COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT.

Protel International Limited.


End User License Agreement.
Copyright (c) 1992-2000 Protel International Limited. All
rights reserved.

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