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End User License Agreemnet
End User License Agreemnet
IMPORTANT-READ CAREFULLY: AISC offers two types of licenses for the AISC Shapes
Database: a Commercial License for revenue-producing applications (this is for Developers only,
people who make software) and a Non-Commercial Single User License for end users. Revenue
includes such income as sales, licensing, or shareware fees; upgrade or support fees; or revenue from
advertising, links, or e-commerce on a web page or site that provides a link from which the
application can be downloaded. This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and the American Institute of Steel Construction,
Inc. (“AISC”).
A. LICENSE: AISC ("we" or "us") provides you with storage media containing a computer database
file(s) (the "Program") which may also include "online" or electronic documentation, License (the
"License"), and other printed materials (together called the "Product") and grants you a non-
exclusive, non-transferable, personal, limited right to access and use the Product according to the
terms and conditions of this License. You are solely responsible for installing and maintaining the
equipment and other software necessary to use the Product. The copyright and all other rights to the
Product shall remain with us or with our suppliers. You must reproduce any copyright or other notice
marked on the Product on all copies you make.
B. YOU MAY:
1. Install and use one copy of the Product on each computer at your Site, provided, however, that no
more than one user may access a given CD-ROM of the Product at a time. As used in this EULA, a
Site means a single physical location owned or operated by you.
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3. Use the Product for your own personal use only.
4. Users must be your employees. Use by consultants, contractors, subcontractors, or other third
parties is not permitted unless expressly authorized by AISC.
2. Translate, reverse engineer, decompile, or disassemble the Product except to the extent the
foregoing restriction is expressly prohibited by applicable law.
3. Rent, lease, assign, or transfer the Product except as set out in paragraph B above or use the
program in a timesharing or interactive environment.
4. Copy the Program or the Product onto a network hard-drive for simultaneous access by multiple
users.
5. Place or install any portion of the Product on any electronic media, including, but not limited to,
local or wide area networks, timesharing services, multiple processing units, multiple site
arrangements, service or software rental bureaus, list servers, online services, electronic bulletin
boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written
authorization by AISC.
6. Modify the Product or merge all or any part of the Product with another program.
D. TERM: So long as you are in compliance with all the terms of this End User License Agreement,
this License shall continue for as long as you use the Product. If you breached any provision of this
License, AISC may immediately terminate this Agreement and all licenses granted hereunder without
prior notice and in addition to any other available rights and remedies. In such event, you must
destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall
continue in force even after any termination.
H. U.S. Government Rights: With respect to any acquisition of the Software or Software product
by or for any unit or agency of the United States Government (the "Government"), the Software or
Software product shall be classified as "commercial computer software", as that term is defined in
the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements
thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Software
or Software product was developed entirely at private expense, and no part of the Software or
Software product was first produced in the performance of a Government contract. If the Software or
Software product is supplied for use by DoD, the Software or Software product is delivered subject
to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and
227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT
1988), as applicable. If the Software or Software product is supplied for use by a Federal agency
other than DoD, the Software or Software product is restricted computer software delivered subject
to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR
52.227-14(ALT III), as applicable. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
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Software Clause at 252.227-7013. The contractor/manufacturer is American Institute of Steel
Construction, Inc., One East Wacker Drive, Suite 3100, Chicago, IL 60601-2001.
I. Export Restrictions: You agree that you will not export or re-export the Product to any country,
person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently
include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.
You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other
federal agency has suspended, revoked or denied your export privileges. If the Software is identified
as a not-for-export product (for example, on the box, media or in the installation process), then,
unless you have exemption from the United States Department of State, the following applies:
EXPORT CONTROLS: THE PROGRAM MAY NOT BE EXPORTED OUTSIDE OF THE
UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY
THE U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE
WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE
UNITED STATES. BY USING THE PROGRAM, YOU ARE WARRANTING THAT YOU ARE
NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON".
J. GENERAL: This License is the entire agreement between us, superseding any other agreement or
discussions, oral or written, and may not be changed except by a written agreement signed by an
authorized representative of AISC. This License shall be governed by and construed in accordance
with the laws of the State of Illinois without regard to its conflict of laws provision. If any provision
of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or
unenforceable, such a provision shall be severed from the License and the other provisions shall
remain in full force and effect.
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