path: root/licenses/draftsight

  Non-Commercial Release DraftSight ^ License Agreement (for Alpha, Beta, and
                             Pre-Release versions)

This license agreement ("Agreement") between Dassault Systèmes S.A. and you,
the end user, covers any Alpha, Beta, or Pre-Release version (each, as defined
below, a "Non-Commercial Release Version") of the DraftSight^TM CAD software
("Product"). Because Alpha, Beta and Pre-Release versions have not yet been
released for large-scale commercial use, their license terms vary from the
standard end-user license terms governing the DraftSight product. The following
is a general description of the Non-Commercial Release Versions of DraftSight,
each of which corresponds to a phase of the product release cycle:

Alpha – Pre-production version for functionality evaluation. May be unstable
and have critical bugs; should never be used in a production environment or to
modify production data.

Beta – Pre-production version for quality evaluation. More stable than the
Alpha version but may be unstable and have critical bugs; should never be used
in a production environment or to modify production data.

Pre-Release – The release candidate for First Customer Ship (FCS) and final
quality evaluation. No known critical instability or critical bugs. Dassault
Systèmes encourages you to use the Pre-Release Version in a production
environment and strongly recommends that you create a backup of all model files
and data.

The Product release cycle moves through each of these phases in order. Once a
Product is released into the next phase, you must discontinue your use and
destroy all copies of the Product version from the previous stage.

The terms of this Agreement vary depending on the particular Non-Commercial
Release Version you are using. You can identify the particular Non-Commercial
Release Version you are using by Selecting Help About.

The following terms and conditions govern your use of the Non-Commercial
Release Version of DraftSight:

1.       You are granted a personal, nonexclusive, nontransferable,
royalty-free and temporary license to use the Non-Commercial Release Version of
the DraftSight software (the "Product") during the period from initial delivery
of the Non-Commercial Release Version of the Product to you until the release
of the next phase version or the availability of a commercial release version
of the Product as described below (the "Non-Commercial Release Period"). Such
use is solely for your own internal testing purposes. You may not transfer,
sublicense, resell, or distribute the Product to any third party or remove the
Product from the country where you received it. DraftSight is the proprietary
product of Dassault Systèmes and its licensors, who retain all right, title,
and interest in the Product throughout the world, including, without
limitation, copyright. You may not copy, modify or make works derivative of the
Product and you may not analyze for purposes competitive to Dassault Systèmes,
reverse-engineer, decompile, disassemble, or otherwise attempt to discover the
source code of the Product, as such code contains trade secrets of Dassault
Systèmes and its licensors. You are responsible for the supervision,
management, and control of the use of the Product, and output of the Product,
including, but not limited to establishing adequate backup to prevent the loss
of data in the event of a malfunction of the Product.
 

2.   Dassault Systèmes will provide you with a Non-Commercial Release Version
of the Product and, at Dassault Systèmes’ sole discretion, updated versions of
the Product that become available during the Non-Commercial Release Period. 
The Non-Commercial Release Version also automatically collects certain system
data and transmits the data to Dassault Systèmes for support purposes.

3.   You agree that the Product and related information provided to you as a
Non-Commercial Release Version are not commercially available and may not be
available for any public use whatsoever, in which case these are the
confidential and proprietary trade secret information of Dassault Systèmes and
its licensors ("Confidential Information"). You agree that until the Product or
any such information is publicly released by Dassault Systèmes, you will take
at least the same precautions to protect the confidentiality of the
Confidential Information as you take to protect your own confidential
information and that you will disclose the Confidential Information only to
those of your employees who have a need to use the Product in connection with
your testing process. You agree not to make Confidential Information available
in any form to any third party without the prior written consent of Dassault
Systèmes and not to use the Confidential Information for any purpose
inconsistent with this Non-Commercial Release license. You agree to take all
reasonable steps to ensure that the Confidential Information is not disclosed
or distributed by your employees or agents in violation of the provisions of
this paragraph.

4.   You acknowledge that you are receiving a Non-Commercial Release Version of
the Product that may contain software bugs, errors, or other defects, and you
agree that you will not rely on the performance of the Product in your business
without adequate back-up, parallel, or contingency measures.

5.   Alpha and Beta Versions – You must not use the Alpha or Beta version in
a production environment.  There is no guarantee that (i) model files or data
will be compatible with any or all versions of the Product, or (ii) later
versions will neither corrupt files created with earlier versions nor contain
critical bugs or instabilities. In addition, the access to or operation of
certain Alpha and Beta products may terminate ("time out") after a certain
period of time. There is no assurance that all functionality that appears in
the Alpha or Beta version will be available in the commercially released
version of the Product. 

6.   Dassault Systèmes and its licensors make no warranties with respect to the
Product, Dassault Systèmes’ services, or any data or materials produced using
the Product, including, without limitation, any implied warranties of
merchantability, non-infringement, and fitness for a particular purpose.  You
use the Software at your sole risk. Dassault Systèmes  and its licensors shall
have no liability for any damages, including, without limitation, direct,
indirect, incidental, special,  or consequential damages, arising from the
Product, use of the Product, any services related to the Product, or any data,
products, or materials produced using the Product.

7.   In exchange for the license granted in Section 1 of these terms, you agree
to provide comments to Dassault Systèmes regarding the performance of the
Product, including reporting any errors in the Product, and to suggest
improvements to the Product. If you are a user of the Alpha or the limited
visibility private Beta version of the Product, you agree to participate in
periodic telephone feedback sessions, to respond to inquiries and to provide
such other reasonable feedback as Dassault Systèmes may request. Furthermore,
you agree that Dassault Systèmes may incorporate any suggested changes or
improvements in any release versions of the Product without further liability
to you and that Dassault Systèmes or its licensors will own all rights in any
modifications or improvements it chooses to make to commercially released
versions of the Product as a result of your comments. 

8.   The Non-Commercial Release Period will continue until release of the
commercially released version of the Product. You agree that the Non-Commercial
Release License will be in effect until the end of the Non-Commercial Release
Period, unless earlier terminated by Dassault Systèmes.  Dassault Systèmes may
terminate this Non-Commercial Release License at any time, for any reason or
for no reason, effective immediately upon written notice to you. Upon notice
from Dassault Systèmes to you of such a termination or of the availability of
the commercially released version of the Product, you agree to destroy all
copies of the Non-Commercial Release Version of the Product and provide
certification of their destruction in a form reasonably acceptable to Dassault
Systèmes. You agree that any use by you of the commercially released version of
the Product will be subject to the terms of the DraftSight End User License
Agreement and to the published rates for the commercially released version of
the Product, copies of which will be furnished to you upon request. The
provisions of the first sentence of Section 1 and the first and second
sentences of Section 7 of these terms shall terminate upon the termination of
this Agreement, but all other provisions of this Agreement shall survive such
termination.

9.   You agree that Dassault Systèmes may identify your company as a user of
the Product to its potential customers.

10. You agree not to export, re-export, or trans-ship either directly or
indirectly, the DraftSight software. Additionally, you hereby certify to
Dassault Systèmes that DraftSight will not be used in any nuclear, chemical,
biological, weapons, or missile delivery systems and will not be diverted to
any country, company, or individual that is prohibited by the applicable export
laws of any country. Furthermore, you represent and warrant that you are not a
citizen of or located within a French or U.S. embargoed or otherwise restricted
nation (including, without limitation, Cuba, Iran, Libya, North Korea, Sudan,
and Syria) and that you are not otherwise prohibited under any export control
laws from receiving DraftSight.  All rights to use DraftSight are granted on
condition that such rights are forfeited if you fail to comply with the terms
of this Agreement.

11.  This Non-Commercial Release License Agreement contains the entire
agreement between you and Dassault Systèmes with respect to its subject matter,
and shall be governed by, and construed and enforced in accordance with the
laws of France. The Commercial Court of Paris ("Tribunal de Commerce de Paris")
shall have exclusive jurisdiction to hear any dispute arising out of or in
connection with the interpretation and/or performance of this Agreement,
however, you acknowledge and agree that in the event that the subject matter of
any such dispute is Intellectual Property related, Dassault Systèmes shall have
the right to bring any such dispute before the French Civil Court having
jurisdiction pursuant to the French Code of Civil Procedure ("Nouveau Code de
Procédure Civile"). You acknowledge and agree that the terms herein shall not
prevent, restrict or otherwise limit in any manner, Dassault Systèmes' rights
to seek equitable remedies, including injunctive relief before any competent
court in any jurisdiction.

.

By Accepting this Agreement, you represent that you are at least 18 years old
and capable of entering into a legally binding agreement.  If you are acting on
behalf of a business entity, you represent that you are duly authorized to
represent the business entity and to legally bind the entity to the terms of
this Agreement.