This Sunstone Circuits, LLC PCB123® End User License Agreement accompanies PCB123® software products and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by PCB123®, including but not limited to: LiveBOM™ and Sunstone ECOsystem™. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software.
Upon your acceptance of this Agreement, Sunstone Circuits, LLC grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software. You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software.
PCB123® Software is for use to design Printed Circuit Boards (PCB's). The manufacturing information generated by this software can only be used by one or more authorized PCB123® PCB manufacturing companies.
This Agreement does not allow you to use the Software with non-authorized PCB suppliers or to generate PCB manufacturing information through any other method.
When submitting manufacturing information to one of PCB123®'s authorized manufacturers you are stating that you have full rights and title to the schematic and layout being submitted for manufacturing.
You may make and distribute unlimited copies of the Software as long as each copy that you make and distribute contains this Agreement, the same copyright and other proprietary notices pertaining to this Software that appear in the Software, and that the purpose of distributing the software is for the purpose of designing PCB's and, if PCB's are manufactured, that the manufacturing information and/or product is produced by an authorized PCB123® manufacturer. If you download an updated version of the Software from the Internet or similar on-line source, you must include the PCB123® copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
2. Copyright and Trademark Rights. Sunstone Circuits, LLC and its suppliers own the Software, and its structure, organization and code are valuable trade secrets of Sunstone Circuits, LLC and its suppliers. United States Copyright Law and International Treaty provisions also protect the Software. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name.
Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. The Software is licensed and distributed by Sunstone Circuits for designing, viewing, and transferring data associated PCB designs to PCB123® approved manufacturing companies.
4. No Warranty. The Software is being delivered to you AS IS and PCB123® makes no warranty as to its use or performance. SUNSTONE CIRCUITS, LLC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. SUNSTONE CIRCUITS, LLC AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL SUNSTONE CIRCUITS, LLC, PCB123® OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SUNSTONE CIRCUITS, LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
5. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Oregon, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Sunstone Circuits, LLC.
6. Sunstone has no control over, or knowledge of, your particular use of its printed circuit boards and other products. Sunstone's products may be subject to the International Trade in Arms Regulations ("ITAR"), administered by the U.S. Department of State. By ordering or purchasing products from Sunstone, you agree to comply with Sunstone's privacy policy, and all applicable U.S. export control laws and regulations, including without limitation ITAR. Without limiting the foregoing, you agree that you will not transfer any export-controlled item to any foreign persons without the authority of an export license, agreement, or applicable exemption or exception, from proper government authorities. If you are engaged in the business of either exporting or manufacturing defense articles or furnishing defense services, you represent and warrant to Sunstone that you are registered with the proper government authorities in accordance with ITAR and other applicable laws. You will be liable for all liabilities and expenses associated with your compliance and non-compliance with this paragraph, and you agree to indemnify Sunstone from all costs and expenses associated with third party claims arising out of your non-compliance.
Unpublished-rights reserved under the copyright laws of the United States. Sunstone Circuits, 13626 South Freeman Road, Mulino, Oregon 97042 USA.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.
Sunstone Circuits, LLC PCB123® Software Agreement
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