This is a contract between you ("User") and Useful Subset, LLC, a Washington Limited Liability Company ("Developer").
Developer is the author of SolveSpace, a three-dimensional CAD program. This program is available for download at no cost, from http://solvespace.com/ as solvespace.exe ("Software"). As downloaded, the program will run in free mode with certain restrictions.
If User wishes to remove these restrictions, then User may purchase a commercial license to the Software. This license will be delivered as a license file by email ("License File"). After loading a License File, the Software will run with no artificial restrictions.
User wishes to use this program, either in free mode or with a commercial license.
Developer wishes to license this program to User, subject to the terms and conditions below.
BY DOWNLOADING, USING, OR RUNNING THE SOFTWARE OR LICENSE FILE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, THEN DO NOT USE THE SOFTWARE OR LICENSE FILE, AND DESTROY OR RETURN ANY COPIES OF THE SOFTWARE OR LICENSE FILE IN YOUR POSSESSION.
1. License
1.1 Developer grants User a perpetual, non-exclusive, limited license to use the Software, subject to these terms and conditions:
i. User may install the Software on any number of computers, or make any number of backup copies of the Software.
ii. If User has paid for a License File, then User may install the License File on any number of computers. User shall not run more simultaneous copies of the Software than the number specified in the License File. For example, a 2-user license may be installed on more than two computers, but may not be used by more than two users simultaneously.
iii. If User has paid for a License File, then User may transfer the license to one third party, if that third party agrees to be bound by these terms and conditions. If User chooses to transfer the license, then User shall destroy or return all copies of the Software and License File in the User's possession.
iv. If User has not paid for a License File, then User shall use the Software only for non-commercial purposes, or for evaluation.
1.2 Except as provided by section 1.1, User shall not redistribute, license, sub-license, sell, give away, rent, lease, or otherwise transfer this license to any third party.
1.3 User agrees that the License File is confidential information. User shall protect the License File with the same care as other confidential information owned or licensed by User. User shall not distribute the License File to any third party, except to transfer the license as provided by section 1.1 or if compelled to by a government body.
2. Payment
2.1 All prices are quoted in US dollars, and all payments shall be made in US dollars. Any foreign exchange fees shall be paid by the User.
2.2 Developer shall deliver a License File to User promptly after receiving payment, or promptly refund any payment received.
2.3 Developer shall support this License File with the current release of the Software, and all subsequent releases of the Software with the same major version number (i.e., version 1.x). Developer may change the major version number on any release of the Software, at Developer's sole discretion.
2.5 Developer has no obligation to refund payment after a License File has been sent.
3. Ownership and Maintenance
3.1 Developer (and its licensors) retains ownership and all rights to the Software.
3.2 Developer shall not be required to maintain, support or modify the Software.
4. Representations and Warranties
4.1 Developer warrants that Developer (and its licensors) is the owner of the Software, and Developer has the right to license the Software to User. In the event of a breach of this warranty, the User's sole remedy will be to destroy or return to the Developer all copies of the Software and License File, and obtain a full refund of the license fee paid.
4.2 EXCEPT FOR THE WARRANTIES IN SECTION 4.1, THE SOFTWARE IS LICENSED "AS IS", WITH NO WARRANTIES, EXPRESSED OR IMPLIED, WITHOUT EVEN THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEVELOPER WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
4.2 User shall not use the Software in any application where a defect in the Software could result in serious injury, danger to human life, significant damage to property, or other significant damages. User indemnifies Developer against any loss or damages arising from third-party claims relating to such use of the Software.
5. General Terms
5.1 This agreement is the entire agreement between Developer and User. Any modifications to this agreement shall be made in writing and signed by both parties.
5.2 This agreement will be construed and enforced in accordance with the laws of the State of Washington.
5.3 Any controversy or claim arising out of or relating to this contract, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If arbitration or other legal proceedings are brought relating to a provision of this agreement, then the prevailing party is entitled to an award of reasonable expenses, including without limitation attorney's fees.
5.4 If any provision of this agreement is invalid under applicable law, then it will be replaced with the valid provision that most closely corresponds to the invalid provision. All other provisions of the agreement will be unaffected.