ARTIST SOFTWARE LICENSE TERMS & CONDITIONS

 These license terms are an agreement between ShowCAD Control Systems Ltd. (hereinafter referred to as “ShowCAD”) and the registered user of the software (hereinafter referred to as”you”). Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any ShowCAD Artist

· updates

· supplements

· Internet-based services

· support services

for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact ShowCAD or our affiliate serving your country for information about ShowCAD’s refund policies. See http://www.showcad.com/contact for affiliates and other information.

As described below, using the software also operates as your consent to the transmission of certain computer information during activation, validation and for Internet-based services.

If you comply with these license terms, you have the rights below for each license you acquire.

1. OVERVIEW.

a. Software.

b. License Model. The software is licensed on a per copy per device basis and is not transferable without ShowCAD’s prior consent.

c. Edition Specific Rights. See the Additional License Terms sections at the end of this agreement for license terms that apply to specific editions of the software.

2. INSTALLATION AND USE RIGHTS.

Before you use the software under a license, you must assign that license to one device (physical hardware system). That device is the “licensed device.”

A hardware partition or blade is considered to be a separate device.

a. Licensed Device. You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time. Except as provided in the Storage and Network Use sections below, you may not use the software on any other device.

b. Number of Users. Only the registered user may use the software and this right is not transferable without our prior consent. You may use only one version at one time.

3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a. Multiplexing. Hardware or software you use to

· pool connections, or

· reduce the number of devices or users that directly access or use the software

(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need.

b. Font Components. While the software is running, you may use its fonts to display and print content. You may only

· embed fonts in content as permitted by the embedding restrictions in the fonts; and

· temporarily download them to a printer or other output device to print content.

c. Icons, images and sounds. While the software is running, you may use but not share its icons, images, sounds, and media.

4. MANDATORY REGISTRATION.

Registration of the software for non-expiration of use associates the use of the software with a specific device. During registration, the software may send information about the software and the device to ShowCAD. This information may include the version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. By using the software, you consent to the transmission of this information. Before you register, you have the right to use the version of the software installed during the installation process. Your right to use the software after the time specified in the installation process is limited unless it is registered. This is to prevent its unlicensed use. You will not be able to continue using the software after that time if you do not

register it. If the device is connected to the Internet, the software may automatically connect to ShowCAD for registration. You can also register the software manually by email, Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to re-register the software. The software will remind you to re-register it until you do.

5. VALIDATION.

a. The software may from time to time validate the software, update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed.

b. During a validation check, the software will send information about the software and the device to ShowCAD. This information includes the version and product key of the software, and the Internet protocol address of the device. ShowCAD do not use the information to identify or contact you. By using the software, you consent to the transmission of this information.

c. If, after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected. For example, you may

· need to re-register the software, or

· receive reminders to obtain a properly licensed copy of the software, or you may not be able to

· use or continue to use some of the features of the software, or

· obtain certain updates or upgrades from ShowCAD.

d. You may only obtain updates or upgrades for the software from ShowCAD or authorized sources.

7. INTERNET-BASED SERVICES.

ShowCAD may provide Internet-based services with the software. It may change or cancel them at any time.

8. SCOPE OF LICENSE.

The software is licensed, not sold. This agreement only gives you some rights to use the software. ShowCAD reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

· use components of the software to run applications not running on the software;

· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

· publish the software for others to copy;

· rent, lease, lend or re-sell the software without ShowCAD’s prior consent;

10. BACKUP COPY.

Artist automatically makes archive backup copies of your workspaces and related files and folders. ShowCAD do not underwrite the integrity of this data. You may also make backup copies of the media and are encouraged to do so in the event of data loss for whatever reason. You may use it only to reinstall the software and your programmes.

11. DOCUMENTATION.

Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

12. NOT FOR RESALE SOFTWARE.

ShowCAD software is Not for Resale by anyone other than our approved distributors, dealers and installers. Any end-user wishing to sell the software on must obtain our permission and could also be advised of charges we would levy on the new owner(s).

13. UPGRADES.

To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.

14. PROOF OF LICENSE.

a. Genuine Proof of License. If you acquired the software on a disc or other media, a genuine

ShowCAD proof of license label with a genuine copy of the software identifies licensed software.

To be valid, this label needs to have been registered with and approved by ShowCAD.

15. REASSIGN TO ANOTHER DEVICE.

a. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.

16. TRANSFER TO A THIRD PARTY.

The first user of the software may not transfer ownership of the software directly to a third party without ShowCAD’s knowledge and consent. If consent is given:

The first user must uninstall the software before transferring it separately from the device.

The first user may not retain any copies.

Other Requirements:

Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. The transfer must include the proof of license.

19. THIRD PARTY PROGRAMS.

The software contains third party programs. The license terms with those programs apply to your use of them.

20. EXPORT RESTRICTIONS.

The software is subject to United Kingdom export laws and regulations.

You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

21. SUPPORT SERVICES.

If you are using software that is not properly licensed, you will not be entitled to receive support services.

22. ENTIRE AGREEMENT.

This agreement (including the warranty below), additional terms and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

23. APPLICABLE LAW.

a. United Kingdom

b. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

c. Outside the UK and United States. If you acquired the software in any other country, the laws of that country apply.

24. LEGAL EFFECT.

This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

25. LIMITATION ON AND EXCLUSION OF DAMAGES.

You can recover from ShowCAD and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential losses, lost profits, special, indirect or incidental damages.

This limitation applies to

· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

· repair, replacement or a refund for the software does not fully compensate you for any losses; or

ShowCAD knew or should have known about the possibility of the damages.

LIMITED WARRANTY

A. LIMITED WARRANTY. If you follow the instructions and the software is properly licensed, the software will perform substantially as described in the Artist materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.

The limited warranty covers the software for one year after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will apply to the recipient.To the extent permitted by law, any implied warranties, guarantees or conditions lastonly during the term of the limited warranty.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts or failures to act, the acts of others, or events beyond ShowCAD’s reasonable control.

D. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.

E. WARRANTY PROCEDURES. You need proof of purchase for warranty service.

F. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from ShowCAD. ShowCAD gives no other express warranties, guarantees or conditions. Where allowed by your local laws, ShowCAD excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement.

G. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.

ADDITIONAL LICENSE TERMS

1. REMOTE ACCESS TECHNOLOGIES. You may remotely access and use the software installed on the licensed device from another device to share a session using Remote Assistance or similar technologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display peripherals.

2. OTHER REMOTE USES. You may allow any number of devices to access the software installed on the licensed device for purposes other than those described in the Device Connections and Remote Access Technologies sections above, such as to synchronize data between devices.

3. USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system.

ADDITIONAL LICENSE TERMS

1. STORAGE. You may store one copy of the software on a storage device, such as a network server.

You may use that copy to install the software on any other device to which a license has been assigned.

2. NETWORK USE. Instead of installing the software on the licensed device, you may install one copy on a storage device, such as a network server. You may use that copy only to run the software on your licensed device over an internal network.

3. REMOTE ACCESS TECHNOLOGIES. You may access and use the software installed on the licensed device remotely from another device using remote access technologies as follows.

· Remote Desktop. The single primary user of the licensed device may access a session from any other device using Remote Desktop or similar technologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display peripherals. Other users may access a session from any device using these technologies, if the remote device is separately licensed to run the software.

· Other Access Technologies. You may use Remote Assistance or similar technologies to share an active session.

5. OTHER REMOTE USES. You may allow any number of devices to access the software installed on the licensed device for purposes other than those described in the Device Connections and Remote

Access Technologies sections above, such as to synchronize data between devices.

6. USE WITH VIRTUALIZATION TECHNOLOGIES. You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system on the licensed device. If you do so, you may not play or access content or use applications protected by any ShowCAD, information or enterprise rights management technology or other ShowCAD rights management services. We advise against playing or accessing content or using applications protected by other digital, information or enterprise rights management technology or other rights management services or using full volume disk drive encryption.

7. RELATED MEDIA INFORMATION. If you request related media information as part of your playback experience, the data provided to you may not be in your local language. Some countries or regions have laws and regulations which may restrict or limit your ability to access certain types of content. 

1^st January 2005