ICE Software STANDARD LICENSE:
This license applies to all versions including beta version of ICE®, including but not limited to the products ICEBox, ICEsheet, ICEsculptor, ICE3d, ICECad®, ICErender®, ICEvision®, ICEcycle, ICEpresenter, or ICEberg® which have been legally acquired and paid for from Ice Edge Business Solutions Ltd. ("ICE EDGE"), and for which all payments are current and up to date.
ICE is confidential. ICE is protected by the United States and Canadian copyright laws and other applicable laws and treaties. You acknowledge that the copyrights, patent rights, trade secrets, trademarks and other intellectual property in and to ICE are the exclusive property of ICE EDGE. Notwithstanding anything in this License to the contrary, ICE EDGE retains title, the copyright, and all intellectual property rights in and to ICE and all copies of ICE. No right, title or interest in or to any copyright, trademark, service mark, logo or trade name, or other intellectual property of ICE EDGE is granted under this License.
SCOPE OF LICENSE
Subject to the terms and conditions of this License, ICE EDGE grants you a non-exclusive, non-transferable, limited license either for use of a single copy of ICE by a single person who uses ICE personally on one or more computers, or for installation of a single copy of ICE on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license. All rights of any kind in ICE which are not expressly granted in this License are entirely and exclusively reserved to and by ICE EDGE. You may use and install ICE solely as expressly provided in this License.
ICE EDGE may collect and use Non-Personally Identifiable Information or data for any purpose. ICE EDGE may collect and use Personally Identifiable Information or data for purposes pertaining to customer service or for efforts in improving the ICE software products or services. ICE EDGE will not reveal Personally Identifiable Information about you to unaffiliated third parties, unless: (1) you request or authorize it; (2) the information is provided to help complete a transaction for you; (3) the information is provided to comply with the law or applicable regulations, to enforce this License Agreement or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others.
You may not copy or reproduce ICE, except as expressly authorized herein. You may make copies of ICE only as reasonably necessary for authorized installation of ICE pursuant to this License and for archival back-up purposes. You must faithfully reproduce all trademark, copyright and proprietary notices included on such authorized copies. You may not distribute, rent, lease, loan, sublicense ICE, act as a service bureau nor permit anyone else to do so. Unless enforcement is prohibited by applicable law, you may not modify, translate, decompile, disassemble, reverse engineer, or created derivative works based on ICE, nor permit anyone else to do so. ICE is only licensed to you in the form of machine executable or readable code. This License does not entitle you to any source code or confidential information.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
ICE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ICE EDGE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, ICE. ICE EDGE DOES NOT WARRANT THAT THE OPERATION OF ICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE USE OF ANY PASSWORDS AND/OR ENCRYPTION FEATURES WILL BE EFFECTIVE IN PREVENTING THE UNINTENTIONAL DISCLOSURE OF INFORMATION CONTAINED IN ANY FILE. You acknowledge that good data processing procedure dictates that any program, including ICE, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of ICE covered by this License. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
ICE EDGE SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, ICE. THE AGGREGATE LIABILITY OF ICE EDGE ARISING OUT OF OR PERTAINING TO THIS LICENSE OR TO ICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED EXCLUSIVELY TO REFUND OF ANY LICENSE FEE PAID TO ICE EDGE UNDER THIS LICENSE. IN NO EVENT SHALL ICE EDGE, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF ICE, (INCLUDING, WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL CAUSE OF ACTION. YOUR SOLE AND EXCLUSIVE REMEDY AND ICE EDGE'S SOLE AND EXCLUSIVE LIABILITY ARE SET FORTH IN THIS LICENSE. THIS LICENSE DEFINES AND REPRESENTS A MUTUALLY AGREED-UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THE CONSIDERATION GIVEN AND RECEIVED UNDER THIS LICENSE HAS BEEN ADJUSTED TO REFLECT SUCH ALLOCATION OF RISK. IN ADDITION, IN NO EVENT DOES ICE EDGE AUTHORIZE YOU OR ANYONE ELSE TO USE ICE IN APPLICATIONS OR SYSTEMS WHERE ICE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT LOSS OF PROPERTY. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD ICE EDGE HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH.
You acknowledge that any breach by you of this License will give rise to irreparable injury to ICE EDGE, inadequately compensable in damages alone. Accordingly, ICE EDGE may seek and obtain preliminary and permanent injunctive relief against the breach or threatened breach of this License. Such relief shall be in addition to any other legal or equitable remedies which may be available to ICE EDGE. In the event of any litigation or arbitration between the parties relating to this License, the prevailing party shall be entitled to recover from the other party all reasonable attorneys' fees and other reasonable costs incurred by the prevailing party in connection therewith and in pursuing and collecting remedies (including appeals), relief, and damages.
ICE EDGE may terminate this License for any reason and at any time by giving you thirty (30) days advance written notice of termination. Upon termination, you agree to immediately remove, delete, destroy, and erase all copies of ICE from all computers, drives, and storage media where it may be found.
This License is the complete statement of the agreement between the parties on the subject matter, and supersedes all other or prior understandings, agreements, and arrangements. This License shall be governed by the laws of the Province of Alberta. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts located in the Province of Alberta, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by ICE EDGE herein. Any waiver by ICE EDGE of any violation of this License by you shall not constitute, nor contribute to, a waiver by ICE EDGE of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision shall not be affected. You may not assign this License without the advance written consent of ICE EDGE.
Patented US 7,249,005; US 7,277,830; US 7,908,296; other Patents Pending. Some ICE products contain Autodesk® RealDWG by Autodesk, Inc., Copyright © 1998-2011 Autodesk, Inc. All rights reserved.