SHASTACADTM SOFTWARE
LICENSE AGREEMENT
U.S. - Canada
IMPORTANT - READ CAREFULLY BEFORE INSTALLING
READ THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT
BETWEEN YOU, THE END USER, AND SHASTA INDUSTRIES,
INC. BY INSTALLING AND REGISTERING THIS SOFTWARE
PACKAGE, YOU ARE CONSENTING TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU "DO NOT" AGREE TO THE TERMS AND CONDITIONS OF
THIS LICENSE AGREEMENT, AND HAVE NOT ALREADY
REGISTERED THE SOFTWARE, PROMPTLY RETURN THE
DISK PACKAGE AND ANY ACCOMPANYING ITEMS
(INCLUDING WRITTEN MATERIALS AND BINDERS OR
OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM
FOR A FULL REFUND.
I. GRANT OF LICENSE
SHASTA INDUSTRIES, INC. GRANTS YOU A NONEXCLUSIVE,
NONTRANSFERABLE LICENSE TO USE THIS PROGRAM
("SHASTACAD") AND ITS MANUAL, IF ANY, WITH
EQUIPMENT OWNED BY YOU OR UNDER YOUR CONTROL,
ACCORDING TO THE TERMS AND CONDITIONS OF THE
LICENSE AGREEMENT. YOU MAY NOT NETWORK
SHASTACAD OR OTHERWISE USE IT ON MORE THAN ONE
COMPUTER AT THE SAME TIME.
ADDITIONAL INSTALLATION: THIS LICENSE PERMITS YOU
TO MAKE A SECOND COPY OF THE SOFTWARE ON THE
HARD DISK OF A SECOND COMPUTER OWNED BY YOU OR
UNDER YOUR CONTROL PROVIDED THAT (1) THE
ORIGINAL AND SECOND COPIES ARE USED ONLY BY THE
SAME PERSON; (2) THE SECOND COPY IS INSTALLED AND
USED ONLY ON EITHER (I) WITH RESPECT TO NETWORK
VERSIONS, A REDUNDANT SERVER THAT MAKES THE
SOFTWARE AVAILABLE FOR USE ONLY WHEN YOUR
PRIMARY SERVER ON WHICH THE SOFTWARE IS
INSTALLED BECOMES INOPERABLE, OR (II) A NOTEBOOK
COMPUTER, HOME COMPUTER, OR OTHER NON-SERVER
COMPUTER AWAY FROM YOUR USUAL WORK LOCATION
FOR THE PURPOSE OF ENABLING YOU TO PERFORM WORK
WHILE AWAY FROM YOUR USUAL WORK LOCATION; (3)
ONLY ONE OF THE SOFTWARE COPIES IS IN USE AT ANY
ONE TIME, SOFTWARE COPIES CANNOT BE USED
CONCURRENTLY (AT THE SAME TIME); (4) THE SECOND
COPY OF THE SOFTWARE IS USED EXCLUSIVELY WITH THE
COPY PROTECTION DEVICE (IF ANY) SUPPLIED WITH THE
SHASTACAD SOFTWARE, AND (5) THE SOFTWARE IS NOT
LICENSED AND/OR LABELED AS AN EDUCATIONAL
VERSION OR DEMO VERSION.
BACKUP COPY: THIS LICENSE PERMITS YOU TO MAKE
ONLY ONE ARCHIVAL (BACKUP) COPY OF SHASTACAD.
SUCH ARCHIVAL COPY MAY NOT BE USED OR INSTALLED
AS LONG AS ANOTHER COPY OF THE SOFTWARE IS
INSTALLED ON ANY COMPUTER. ANY PRINTED
DOCUMENTATION MAY NOT BE COPIED. IF ANY
DOCUMENTATION IS IN ELECTRONIC FORM, IT MAY NOT BE
ELECTRONICALLY DUPLICATED, HOWEVER YOU ARE
ALLOWED TO PRINT ONE (1) COPY, WHICH MAY NOT BE
COPIED.
UPGRADES: IF THIS SOFTWARE IS LABELED AS AN
UPGRADE TO SHASTACAD PREVIOUSLY LICENSED TO YOU,
YOU MUST DESTROY ALL COPIES OF THE SOFTWARE
PREVIOUSLY LICENSED TO YOU AND REPLACED BY THIS
VERSION OF SHASTACAD, INCLUDING ANY COPIES
RESIDENT ON YOUR HARD DISK DRIVE WITHIN THIRTY
DAYS OF ACQUIRING THE SHASTACAD UPGRADE. UNDER
NO CIRCUMSTANCES WILL YOU BE ALLOWED TO USE THE
OLD SOFTWARE.
AUTHORIZATION CODE: IF THIS SOFTWARE REQUIRES AN
AUTHORIZATION CODE, YOU MUST REGISTER IT WITHIN
FIVE (5) DAYS OF INSTALLATION. ONCE INSTALLED,
SHASTACAD WILL RUN ON YOUR COMPUTER FOR FIVE (5)
DAYS. AFTER THAT FIVE-DAY PERIOD, YOU MUST
REGISTER YOUR SHASTACAD SOFTWARE TO RECEIVE THE
"UNLOCK CODE". SHASTA INDUSTRIES, INC. WILL
MAINTAIN YOU REGISTRATION DETAILS FOR FUTURE
REFERRENCE.
II. RESTRICTIONS:
YOU MAY NOT REVERSE ENGINEER, DECOMPILE, OR
DISASSEMBLE THE SOFTWARE.
YOU MAY NOT DISTRIBUTE, RENT, LOAN, LEASE, SELL,
SUBLICENSE, OR OTHERWISE TRANSFER ALL OR PART OF
THE SOFTWARE, DOCUMENTATION OR ANY RIGHTS
GRANTED HEREUNDER TO ANY PERSON WITHOUT THE
PRIOR WRITTEN CONSENT OF SHASTA INDUSTRIES, INC.
YOU MAY NOT MODIFY, TRANSLATE, ADAPT, ARRANGE, OR
CREATE DERIVATIVE WORKS BASED ON SHASTACAD OR
ITS DOCUMENTATION FOR ANY PURPOSE.
YOU MAY NOT USE SHASTACAD OR ITS DOCUMENTATION
ON ANY POOL OR SPA PROJECT FOR INSTALLATION IN THE
STATE OF ARIZONA WITHOUT THE EXPRESS WRITTEN
CONSENT OF SHASTA INDUSTRIES, INC.
III. COPYRIGHT
SHASTACAD IS OWNED BY SHASTA INDUSTRIES, INC. AND
IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND
INTERNATIONAL TREATY PROVISIONS. THEREFORE, YOU
MUST TREAT SHASTACAD LIKE ANY OTHER COPYRIGHTED
MATERIAL (I.E. A BOOK OR COMPACT DISK OR TAPE). ANY
COPYING OR RE-DISTRIBUTION OF THE PROGRAM OR ANY
PORTION OF OUR SOFTWARE, EXCEPT AS EXPRESSLY
PERMITTED IN THIS LICENSE AGREEMENT IS A VIOLATION
OF OUR LEGAL RIGHTS.
IV. GENERAL LIMITED WARRANTY
SHASTA INDUSTRIES, INC. WARRANTS THAT SHASTACAD
WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH
THE ACCOMPANYING WRITTEN MATERIAL FOR A PERIOD
OF 90 DAYS FROM THE DATE OF RECEIPT. EXCEPT FOR THE
ABOVE EXPRESS LIMITED WARRANTY, SHASTA
INDUSTRIES, INC. MAKES, AND YOU RECEIVE, NO
WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, AND SHASTA INDUSTRIES, INC. SPECIFICALLY
DISCLAIMS ANY OTHER WARRANTY INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. SHASTA INDUSTRIES, INC.
DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE 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 STATE TO STATE.
THE ENTIRE LIABILITY OF SHASTA INDUSTRIES, INC. AND
YOUR EXCLUSIVE REMEDY UNDER THE WARRANTIES
MADE IN THIS LICENSE AGREEMENT WILL BE, AT THE
DISCRETION OF SHASTA INDUSTRIES, INC., TO ATTEMPT
TO CORRECT OR WORK AROUND ERRORS; TO REPLACE
THE DEFECTIVE MEDIA OR DOCUMENTATION; OR TO
REFUND THE LICENSE FEE AND TERMINATE THIS LICENSE.
THIS REMEDY IS SUBJECT TO THE RETURN OF THE
DEFECTIVE MEDIA AND DOCUMENTATION WITH A COPY OF
YOU RECEIPT TO SHASTA INDUSTRIES, INC. WITHIN 90
DAYS FROM THE DATE OF ITS DELIVERY TO YOU.
V. LIMITATION OF LIABILITY
IN NO EVENT WILL SHASTA INDUSTRIES, INC. 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 SHASTACAD OR ITS DOCUMENTATION,
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
THIS LIMITATION WILL APPLY EVEN IF SHASTA
INDUSTRIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT
THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
VI. GENERAL
THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN
US AND SUPERSEDES ANY OTHER COMMUNICATIONS OR
ADVERTISING WITH RESPECT TO SHASTACAD AND ITS
DOCUMENTATION.
©2000 Shasta Industries, Inc.
ShastaCAD o 3750 W Indian School Rd o Phoenix, AZ 85019


