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license agreement below
MillLister, Inc.
Software Evaluation License Agreement
IMPORTANT
BEFORE YOU ARE PERMITTED TO DOWNLOAD, INSTALL AND USE THE
SOFTWARE OF MILLLISTER, INC. ("SOFTWARE"), YOU MUST AGREE
TO THE TERMS AND CONDITIONS OF THIS SOFTWARE EVALUATION LICENSE
AGREEMENT (“LICENSE AGREEMENT”). YOU ACKNOWLEDGE THAT YOU
ARE AUTHORIZED TO ENTER INTO THIS LICENSE AGREEMENT AND THAT
YOU, INDIVIDUALLY AND ON BEHALF OF YOUR COMPANY, AGREE TO
BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT, THEN YOU ARE NOT PERMITTED
TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
1. Definitions
MillLister, Inc., shall be referred to as the Licensor. A
User shall have the meaning stated in Section 2(a) of this
License Agreement. The term Software includes all copies of
the Licensor's software (including user documentation) that
you have downloaded pursuant to the terms of this License
Agreement.
2. License
a. Authorized Use. Licensor grants you a non-exclusive, non-transferable
license to use the Software for the sole purpose of evaluating
the Software in order to consider obtaining a perpetual license
of the Software for your own internal use. The Software is
not permitted to be used in a production manner. A Use means
storing, loading, installing, executing or displaying the
Software. You are not permitted to allow any third parties
to access, use or support the Software. You are permitted
to use the Software for a term of thirty (30) days from the
date of receipt, and must de-install and destroy all copies
of the Software within five (5) days after expiration of the
Use period, unless otherwise extended in writing by Licensor
in either case.
b. Copies. You may make one copy of the Software for Use,
provided that: (i) the Software is installed on only one server
or computer; (ii) the Software is not modified or enhanced;
and (iii) all Licensor's copyright, trademark or other proprietary
ownership notices are maintained on all copies of the Software.
c. Restrictions on Use. You may not: (i) copy (other than
once for installation purposes), distribute, rent, lease or
sublicense all or any portion of the Software; or (ii) reverse
engineer, decompile or disassemble the Software, or (iii)
remove any proprietary notice of Licensor from any copy of
the Software.
d. Ownership. The Software, including all copies thereof,
is licensed and not sold to you by Licensor. Licensor owns
all copyright, trade secret, patent, and other proprietary
rights in the Software. This License Agreement confers no
title or ownership in the Software and is not a sale of any
rights in the Software. Rather, you have a license to Use
the Software as permitted under this Agreement and for the
term specified herein. Any other utilization of the Software
by any person, business, corporation, government organization
or any other entity is strictly forbidden and is a breach
of this License Agreement.
e. Other Licenses Available. A license that would enable you
to use the Software for any other term or purpose is available
from Licensor at Licensor's then current rates and terms.
Please contact Licensor's sales department at www.milllister.com
for additional information.
3. Confidentiality
You acknowledge that the Software contains proprietary trade
secrets of Licensor and you hereby agree to maintain the confidentiality
of the Software using at least the same degree of care as
you use to maintain the confidentiality of your own most confidential
information. You agree to reasonably communicate the terms
and conditions of this License Agreement to those persons
employed by you who come into contact with or access the Software,
and to use reasonable efforts to ensure their compliance with
such terms and conditions, including, but not limited to,
not knowingly permitting such persons to use any portion of
the Software for a purpose that is not allowed under this
License Agreement.
4. Limited Warranty
THE SOFTWARE IS FURNISHED AS IS WITHOUT WARRANTY OF ANY KIND,
INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND WITHOUT WARRANTY AS TO THE PERFORMANCE
OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some states
do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. This warranty gives you specific
legal rights, and you may also have rights which vary from
state to state.
5. Limitation of Liability
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL, DIRECT, ACTUAL, INDIRECT, SPECIAL, PUNITIVE,
OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS
OF BUSINESS INFORMATION ARISING OUT OF THE USE OR INABILITY
TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS
UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE
OR OTHERWISE SHALL NOT EXCEED THE LESSER OF $25.00 OR ANY
AMOUNTS PAID BY YOU FOR THE SOFTWARE HEREUNDER. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Export Restrictions
This License Agreement is expressly made subject to any laws,
regulations, orders or other restrictions on the export from
the United States of America of the Software or information
about such Software that may be imposed from time to time
by the government of the United States of America. You shall
not export the Software or information about the Software
without the consent of Licensor and in compliance with such
laws, regulations, orders or other restrictions.
7. Termination
This License Agreement is effective until terminated. You
may terminate this License Agreement at any time by destroying
or returning to Licensor all copies of the Software in your
possession or under your control. Licensor may terminate this
License Agreement for any reason, including, but not limited
to, if Licensor finds that you have breached any of the terms
of this License Agreement. Upon any termination, you agree
to destroy all copies of the Software and to certify in writing
that all known copies, including back-up copies, have been
destroyed. All provisions relating to confidentiality, proprietary
rights, non-disclosure, and limitation of liability shall
survive the termination of this License Agreement.
8. U.S. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
MillLister, Inc. 9725 Variel Avenue, Chatsworth, CA 91311.
9. General
This License Agreement shall be construed, interpreted and
governed by the laws of the State of California without regard
to conflicts of law provisions thereof. The exclusive forum
for any disputes, claims or causes of action arising out of
or relating to this License Agreement shall be an appropriate
federal or state court located in Los Angeles County, State
of California, USA. This License Agreement shall constitute
the entire agreement between the parties hereto with respect
to the evaluation of the Software pursuant to the terms of
this License Agreement, and supersedes all prior agreements,
oral and written, with regards to such subject matter. Any
waiver or modification of this License Agreement shall only
be effective if it is in writing and signed by both parties
hereto. If any provision of this License Agreement is found
invalid or unenforceable by a court of competent jurisdiction,
the remainder of this License Agreement shall be interpreted
so as to reasonably affect the intention of the parties.
We have two versions of SmartListerDemo:
You can get them separately or together.
SmartListerDemo requires a serial code.
Please call 805-404-2142 or email serial@SmartLister.com
for a serial code. If you choose to email us, then send your
full name, company name, company address and phone number.
Installing SmartLister will require you to add a support path,
add 4 files to the startup suite and load the toolbar. There
are instructions for doing this in the help file and by this
video
tutorial.
SmartLister costs $1,995.00 USD and comes
with SmartModeling.
1 or 2 seats = $1,995.00 each
3 seats + = $ inquire
SmartMachining costs $400.00 USD per
seat.
SmartListerDemo is fully-functional for 30 days.
If you have tried an earlier version of SmartListerDemo you may request a new serial code again.
I
AGREE and want SmartListerDemo for AutoCAD® 2000-2002
I
AGREE and want SmartListerDemo for AutoCAD® 2004-2006
I
AGREE and want SmartListerDemo for AutoCAD® 2007
I
AGREE and want SmartListerDemo for AutoCAD® 2000-2002 and
AutoCAD® 2004-2006 and AutoCAD® 2007
I
DISAGREE
Download WinZip Here
You may need or need to update Microsoft
Data Access Components to run SmartLister.
Download Microsoft Data Access Components
(MDAC 2.8)Click
here.
You may also need to update your Visual Basic
Runtime files.
Download Microsoft Visual Basic Runtime Click
here.
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