SKELION END USER LICENSE AGREEMENT ("Agreement")
ATTENTION: AFTER READING THIS AGREEMENT, YOU WILL HAVE TO SIGNIFY YOUR ASSENT TO ITS TERMS BEFORE CONTINUING WITH SOFTWARE INSTALLATION. YOU WILL NEED TO SCROLL DOWN TO THE END OF THIS AGREEMENT TO AGREE TO THIS AGREEMENT AND CONTINUE WITH SOFTWARE INSTALLATION. YOU SHOULD PRINT OUT A COPY OF THIS AGREEMENT AND RETAIN THE COPY FOR YOUR RECORDS.
IMPORTANT - READ CAREFULLY: THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) AND SKELION FOR THE SKELION SOFTWARE FOR SKETCHUP (THE "SOFTWARE") THAT ACCOMPANIES THIS AGREEMENT, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, "ONLINE" OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THIS SOFTWARE.
YOU MAY NOT USE AND/OR INSTALL THIS SOFTWARE IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT.
COPYING OR USING THIS SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS A COPYRIGHT INFRINGEMENT. IF YOU COPY OR USE THIS SOFTWARE OR ITS DOCUMENTATION WITHOUT THE PERMISSION OF SKELION, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO SKELION FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES
1. Grant of License
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SKELION grants you the following rights, provided that you comply with all terms and conditions of this Agreement. This Agreement permits you to use the Software (a) as a single user using the Software's user interface on only one computer at one location at any one time, (b) for up to one running copies of the plugin software at any one time.
2. Interpretation & Definitions
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In this Agreement unless the context otherwise states:
"Documentation" means the technical manuals, user manual and other information which is being made available by SKELION to you in either printed or machine-readable form.
"Software" means the software that accompanies this Agreement, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and internet-based services.
"Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Software.
"Skelion for SketchUp" means the "Skelion" photovoltaics plug-in for SketchUp.
3. Intellectual Property Ownership
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The Software, including, but not limited to, the Documentation, are the intellectual property of and are owned by SKELION. The structure, organization and code of the Software are valuable trade secrets and confidential information of SKELION. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. This Agreement grants to you the limited license to use the Software as provided in this Agreement, and does not grant you any other intellectual property rights in the Software. All rights not expressly granted are reserved by SKELION.
4. Consent to Use of Data
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You agree that SKELION may collect and use technical information gathered as part of the product support services that may be provided to you, if any, related to the Software. SKELION may use this information solely to improve its product or to provide services or technology to you and will not disclose this information in a form that personally identifies you.
5. Restrictions
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Except as otherwise expressly stated in this Agreement, or otherwise expressly permitted by law, you shall not:
(a) Make any translation, adaptation, arrangement of or any other alteration to the Software or make any reproduction, distribution, communication, display or performance to the public of the results of such acts;
(b) Adapt or reverse compile or engineer the whole or any part of the Software;
(c) Assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber the Software or use the Software on behalf of any third party, or make available the same to any third party without the prior written consent of SKELION;
(d) Remove or alter any copyright or other proprietary notice from the Software;
(e) By yourself or with others participate in any illegal, deceptive, misleading or unethical practices with respect to the Software, including, but not limited to, disparagement of Skelion for SketchUp, SKELION, or the Software or other practices which may be detrimental to Skelion for SketchUp, SKELION or the Software;
(f) Allow the unauthorized use of the whole or any part of the Software by any third party.
6. Warranty
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SKELION DOES NOT WARRANT THAT THE USE OF THE SOFTWARE, SKELION'S EFFORTS OR ANY INFORMATION PROVIDED WILL MEET AND OR FULFILL ANY OF YOUR PARTICULAR PURPOSES, NEEDS AND/OR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SKELION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE DATA CONTAINED IN THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF THE COMPUTATIONS CARRIED OUT BY THE SOFTWARE AND SAFETY CRITICAL OPERATIONS. SKELION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, ITS FITNESS FOR ANY PURPOSE, ITS QUALITY, ITS MERCHANTABILITY OR OTHERWISE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT. EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS AGREEMENT, IF ANY, THE SOFTWARE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
7. Exclusion of Incidental, Consequential and Certain Other Damages
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKELION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SKELION, AND EVEN IF SKELION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Limitation of Liability and Remedies
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SKELION's entire liability under any provision of this Agreement and your exclusive remedy hereunder shall be limited to the amount actually paid by you for the Software. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. SKELION shall not be liable to you under any provision of this Agreement for loss of data, information, profits or goodwill (whether such loss is direct or indirect) or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or SKELION had been advised of the possibility of you incurring the same. The entire liability of SKELION and your exclusive remedy under the warranty provided herein will be to attempt to correct or work around errors, to replace the Software or to refund the purchase price and terminate this Agreement. This remedy is subject to return of the Software to SKELION.
9. Indemnities
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You shall indemnify SKELION, and keep SKELION fully and effectively indemnified on demand from and against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which SKELION may sustain or incur, or which may be brought or established against SKELION by any person, which in any case arise out of or in relation to, or by reason of: any breach by you of your obligations under this Agreement; any alteration, modification, adjustment or enhancement made by you to the Software; or any combination, connection, operation or use of the Software with any other equipment, software or documentation not supplied by SKELION.
10. Termination
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This Agreement is effective until terminated. Without prejudice to any other rights, SKELION may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In the event of such termination, you must destroy all copies of the Software and all of its component parts.
11. Entire Agreement
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This Agreement (including any addendum or amendment to this Agreement which is included with the Software) is the entire agreement between you and SKELION relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to eh Software or any other subject matter covered by this Agreement. To the extent the terms of any SKELION support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
12. Applicable Law
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This Agreement is governed by the laws of the Spain. No action pursuant to this Agreement shall be enforceable or effective unless such action is brought in a court situated in or having jurisdiction over Valencia City, Spain, which venue is exclusive. You consent to jurisdiction of such courts to yourself and the subject matter of this Agreement. You agree that the Uniform Computer Information Transactions Act, shall not apply to this Agreement to the extent allowable by law.
13. Credits
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SketchUp is a registered trademark of Trimble.
All other brand names, product names, or trademarks belong to their respective holders.