IMPORTANT

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE GENERAL API DEVELOPMENT KIT, YOU INDICATE YOUR ACCEPTANCE OF THE GRAPHISOFT LICENSE AGREEMENT INCLUDING THE LIMITED WARRANTY AND DISCLAIMERS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE COMPLETE PACKAGE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND.

GRAPHISOFT
SOFTWARE LICENSE AGREEMENT

This Agreement constitutes a non-exclusive license for you, the End-user, to use the enclosed software product (called the "Software"). The Software is licensed, not sold, to you for your own use under the terms and conditions of this Agreement. You own the media on which the Software is recorded, but not the Software itself, which remains the property of Graphisoft.

The Software is an original work and protected by copyright laws protecting the author's rights and intellectual property, Graphisoft reserves all rights to any reproduction of the Software including its documentation, logos, trademarks, icons and interface in whole or in part.

THE LICENSE

• You may use the Software on a single computer (CPU) uniquely as the End-user and for your own personal use. You are expressly prohibited from diffusing or commercializing the Software either alone or as part of another product.
• You may make one copy of the Software in machine-readable form as a back-up. You may not copy the written materials accompanying the Software.
• You may permanently transfer the Software and all rights associated to it under this license to another party together with a copy of this Agreement, provided that the other party reads and accepts the terms and conditions of this Agreement, that you do not keep any copies of the Software in whole or in part and the transferee agrees to be bound by the terms of this Agreement and that you notify Graphisoft of the transfer in writing. Such a transfer terminates your license. PLEASE NOTE THE SPECIAL CONDITIONS ACCOMPANYING ANY LICENSE WHICH WAS PURCHASED AT A SPECIAL DISCOUNT.

RESTRICTIONS

• You may not sell, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software (except as allowed above) nor transfer it by network for commercial use, either in whole or in part, without a specific license from Graphisoft to do so.
• You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software (code or protection device) to a humanly perceivable form for any purposes whatsoever.

TERMINATION

• This Agreement remains in effect until it is terminated. You may terminate the Agreement at any time by destroying the Software and all copies of it. Graphisoft may terminate the Agreement without notice following breach of any part of the Agreement. Upon termination, you must destroy the Software and all copies of it . Under no circumstances will Graphisoft be liable for reimbursing the price of the Software or any other damages.

LIMITED WARRANTY

• Although Graphisoft has tested the Software, the Software is sold "AS IS," without any warranty; expressed or implied, as to its conformity to or fitness for any particular purpose, or that the Software will perform uninterrupted and without errors. Graphisoft disclaims all other warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, quality, completeness, or precision of the Software's functions.
• No advice or information given by Graphisoft employees, its distributors, resellers, agents, or consultants shall constitute a warranty by Graphisoft or extend the warranty in this Agreement.
• In no event shall Graphisoft be liable for any damages whatsoever, including but not limited to damages for lost income, business interruption, loss of business information, or other pecuniary loss, arising from the use or misuse of the Software, even if Graphisoft or its employees, resellers, or agents have been advised of the possibility of such damages.

GENERAL CONDITIONS

• This Agreement DOES NOT give you the right to any technical support for, or upgrades to, the Software which Graphisoft may offer from time to time. Graphisoft may, at its option and as part of its sales policy, make such technical support and upgrades available to registered users of the Software under terms to be determined from time to time by Graphisoft.
• This Agreement constitutes the full, complete, and exclusive agreement between you and Graphisoft concerning the Software and supersedes all prior agreements and understandings, either written or oral.
• If any part or provision of this Agreement is found to be contrary to law by a competent jurisdiction, that part or provision shall be enforced to the maximum extent allowed, and the remaining Agreement shall remain in full force and effect.

This Agreement is governed by the Austrian law. Any disputes arising from this Agreement, including those disputes relating to the validity, interpretation or termination of the Agreement shall be exclusively and finally settled by an arbitrate tribunal formed beside the Austrian Federal Economic Chamber, Vienna according to its own rules of procedure. Place of jurisdiction shall be in Vienna.

INQUIRIES

All inquiries regarding this Agreement should be directed to

Graphisoft R&D Rt.
H-1031 Budapest, Záhony utca 7. (Graphisoft Park 1.),
Hungary