StoneCAD® Content License

BORAL
STONECAD® ELECTRONIC CONTENT LICENSE AGREEMENT
For international use of the StoneCAD® content

IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT.

BORAL IS WILLING TO LICENSE THE ACCOMPANYING ELECTRONIC CONTENT CONTAINED AS A PART OF THE STONECAD® ELECTRONIC CONTENT TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE TERMS INCLUDED HEREWITH ("AGREEMENT").

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "I AGREE" BUTTON AT THE BOTTOM OF THE PAGE. BY SELECTING THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THE LICENSE AGREEMENT AND THE ELECTRONIC CONTENT WILL BE INSTALLED. YOU MAY PRINT THIS AGREEMENT BY SELECTING (PRINT) BELOW.

IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL ITS TERMS AND CONDITIONS, SELECT "I DISAGREE" -- WHICH WILL CANCEL THE LOADING OF THE ELECTRONIC CONTENT -- AND, WITHIN THIRTY (30) DAYS, RETURN THIS ELECTRONIC CONTENT, THE ELECTRONIC CONTENT PACKAGE AND ALL OTHER ITEMS IN THE PACKAGE TO THE LOCATION WHERE YOU ACQUIRED IT.

YOUR USE OF THE ELECTRONIC CONTENT ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH HEREIN.

COPYING OF THE ELECTRONIC CONTENT CONTAINED AS A PART OF THE STONECAD® ELECTRONIC CONTENT APPLICATION OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF BORAL, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO BORAL FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

1. Grant of License

BORAL, a Georgia Corporation ("BORAL") grants you a nonexclusive, nontransferable license to use the enclosed program (the "Electronic Content") and its other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this License Agreement. This License Agreement permits a single user to install and use the Electronic Content on only one computer at one location at any one time."

Back-Up Copy: Regardless of which version of the STONECAD® Electronic Content you have acquired, this License permits you to make only one archival (back-up) copy of the Electronic Content. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Electronic Content is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which may not be copied.

Additional Installation: You may install and use a second copy of the Electronic Content on the hard disk of a second computer you may have provided that (1) the additional copy is used only by you; (2) only one of the Electronic Content copies is in use at any one time at any one location.

Upgrades: If this Electronic Content is labeled as an upgrade to STONECAD® software previously licensed to you, you must destroy all copies of the STONECAD® Software and Electronic Content previously licensed to you replaced by this Electronic Content, including any copies resident on your hard disk drive. BORAL reserves the right to require you to show satisfactory proof that previous copies of the Application and Electronic Content have been destroyed. Software patches, if any, provided to you by BORAL or an authorized third party in connection with the STONECAD® licensed to you hereunder, shall be subject to the terms and conditions of this License Agreement unless otherwise specified at the time of delivery.

Authorization Code: If this Electronic Content requires an authorization code, you must register your purchase of this Electronic Content product with BORAL before an authorization code shall be issued to you.

2. RESTRICTIONS:

THIS ELECTRONIC CONTENT MAY NOT BE USED OR TRANSFERRED OUTSIDE OF THE WESTERN HEMISPHERE (U.S., Canada, Caribbean Islands and Latin America), REGARDLESS OF WHETHER SUCH TRANSFER IS ACCOMPLISHED BY PHYSICAL OR ELECTRONIC MEANS.

You May Not:

1. copy the Electronic Content or Documentation except as permitted by this license.
2. reverse engineer, decompile or disassemble the Electronic Content except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Electronic Content.
3. distribute, rent, loan, lease, sell, sublicense or otherwise transfer all or part of the Electronic Content, Documentation or any rights granted hereunder to any other person without the prior written consent of BORAL.
4. remove, alter or obscure any proprietary notices, labels or marks from the Electronic Content or Documentation.
5. modify, translate, adapt, arrange or create derivative works based on the Electronic Content or Documentation for any purpose.
6. utilize any equipment, software or other means designed to circumvent or remove any form of copy protection used by BORAL in connection with the Electronic Content, or use the Electronic Content together with any authorization code, serial number, or other copy protection device not supplied by BORAL.
7. use the Electronic Content or Documentation outside of the country in which it was acquired.
8. export the Electronic Content or Documentation in violation of U.S. or other applicable export control laws.

3. Copyright

Title and copyrights to the Electronic Content, Documentation and accompanying materials and any copies made by you remain with BORAL. Unauthorized copying of the Electronic Content or Documentation, or failure to comply with the above restrictions, will result in automatic termination of this license.

4. Limited Warranties/Year 2000 Warranty

BORAL warrants that: (1) for a 90-day period beginning on the date delivery of the Electronic Content to you as evidenced by your receipt, the Electronic Content will provide the facilities and functions generally described in the Documentation and that the media on which the Electronic Content is furnished, the Documentation accompanying the Electronic Content, the Electronic Content will be free from defects in materials and workmanship under normal use, and (2) that the Electronic Content under normal use shall be able to accurately process date and time data from, into and beyond the year 2000 including leap year calculations

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, BORAL MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND BORAL SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BORAL DOES NOT WARRANT THAT THE OPERATION OF THE ELECTRONIC CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.

BORAL's entire liability and your exclusive remedy under the warranties made in this License Agreement will be, at BORAL's option, to attempt to correct or work around errors, to replace the defective media, documentation, or to refund the license fee (if any) and terminate this license. This remedy is subject to the return of the defective media and documentation to BORAL or the Authorized BORAL Representative from whom it was obtained within ninety (90) days from the date of its delivery to you. Following expiration of this ninety (90)-day period, BORAL will replace any defective or damaged media in return for payment of an amount which covers the cost of a replacement device plus a fee for handling and shipment.

5. Disclaimer

COMPUTER-AIDED DESIGN ELECTRONIC CONTENT AND OTHER TECHNICAL ELECTRONIC CONTENT ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE ELECTRONIC CONTENT HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. BORAL SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE ELECTRONIC CONTENT. PERSONS USING THE ELECTRONIC CONTENT ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE ELECTRONIC CONTENT. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE ELECTRONIC CONTENT AND THE SELECTION OF THE ELECTRONIC CONTENT AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE ELECTRONIC CONTENT ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE ELECTRONIC CONTENT

6. LIMITATION OF LIABILITY

IN NO EVENT WILL BORAL (OR ANY DIVISIONS OF BORAL) BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE ELECTRONIC CONTENT OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BORAL OR ANY BORAL REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE AND ACCEPT THIS ALLOCATION OF RISK.

BORAL shall have no responsibility or liability whatsoever arising from loss or theft of the Electronic Content. Specifically, BORAL shall not be obligated to replace any lost or stolen Electronic Content or lost media. You are solely responsible for safeguarding the Electronic Content from loss or theft and protecting your investment through insurance or otherwise. The above limitation may not apply to you because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages

7. Restricted Rights for U.S. Government Customers

This Electronic Content and Documentation are provided with RESTRICTED RIGHTS for U.S. Government customers. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 12.212 (Commercial Computer Electronic Content-Restricted Rights) and DFAR 227.7202 (Rights in Technical Data and Computer Electronic Content), as applicable. Manufacturer is BORAL, BORAL World Headquaters, One BORAL Parkway, Toledo, OH 43659.

8. Canadian Sales

If you purchased this product in Canada, you agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only. Les parties aux presentes confirment leur volonte que cette Convention de mime que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise.

9. General

A. This license shall terminate without further notice or action by BORAL if you, the licensee, shall become bankrupt, make an arrangement with your creditors or go into liquidation

B. This Agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods; rather this Agreement shall be governed by the laws of the State of Georgia, U.S.A., including its Uniform Commercial Code without reference to conflict-of-laws principles. This Agreement is the entire agreement between us for the Electronic Content contained as a part of the STONECAD® software application and supersedes any other communications or advertising with respect to the Electronic Content and Documentation

C. If any provision of these license conditions is found to be invalid or otherwise unenforceable, the further conditions of this license will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.

D. If you have any questions, please send written inquiries to: BORAL, Inc., BORAL World Headquaters, One BORAL Parkway, Toledo, OH 43659.