General Terms and Conditions

Please read the following terms and conditions carefully before you use the program for the first time. If you have not signed any written licensing agreement to the contrary with Kazmierczak Software GmbH, you declare your consent to the provisions of this licensing agreement by using or installing this copy of BackToCAD™ Technologies. If you are not in agreement with any of the provisions stated here, you may not install, use or pass on this copy of BackToCAD™.  

You as End License agree to the following terms and restrictions:

1. The transfer module of BackToCAD™ Technologies may be installed and used on one computer only. It may not be installed on multiple computers used by different people simultaneously.

2. End Licensees agree not to alter, reverse engineer or disassemble the Software Application. End Licensees will not copy the Licensed Software except: (i) as necessary to read the Software Application from the media into the memory of a computer solely for the purpose of executing it on a single machine (whether a stand alone computer or a workstation component of a multi-terminal system), or (ii) to create an archival copy. End Licensees agree that any such copies of the Software Application shall contain the same proprietary notices which appear on and in the Software Application.

3. End Licensees may not install, access or otherwise copy or use the Software Application except as expressly authorized by this Agreement. End Licensees may not distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the Software Application, or any rights granted in this Agreement, to any other person without the prior written consent of Licensee. End Licensees may not install or access, or allow the installation or access of, the Software Application over the Internet for the purposes of making the Software Application available to third parties, including, without limitation, use in connection with a Web hosting or similar services. End Licensees may not modify, translate, adapt, arrange, or create derivative works based on the Software Application for any purpose. End Licensee may not utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by Licensee or its licensors in connection with the Software Application, or use the Software Application together with any, authorization code, serial number, or other copy protection device not supplied by Licensee or its licensors. End Licensees may not use or export the Software Application outside of the country of purchase for any reason. End Licensees acknowledge that the Software Application is the confidential information of Licensee and its suppliers, and End Licensees agree that under no circumstances may End Licensees disclose the Software Application to any third party. Title to and ownership of the intellectual property rights associated with the Software Application and any copies remain with Licensee and its suppliers.

4. End Licensees are hereby notified that Autodesk Development S.a.r.l.., Rue du Puits-Godet, 6, CH-2005 Neuchatel, Switzerland (“Autodesk”) is a third-party beneficiary to this Agreement to the extent that this Agreement contains provisions which relate to End Licensees use of the Software Application. Such provisions are made expressly for the benefit of Autodesk and are enforceable by Autodesk in addition to Licensee.

5. In no event shall Licensee or its suppliers be liable in any way for indirect, special or consequential damages of any nature, including without limitation, lost business profits, or liability or injury to third persons, whether foreseeable or not, regardless of whether Licensee or its suppliers have been advised of the possibility of such damages.

6. You are not entitled to loan, rent, nor to use it as the basis for software programs of your own.

7. Kazmierczak Software GmbH expressly forbids the use of BackToCAD™ Technologies in applications or systems in which, as far as it is possible to judge, malfunctions of this software can be expected to cause physical damage or injury resulting in death. You may only use the program in an environment of this kind at your own risk. Kazmierczak Software GmbH shall not assume any liability whatsoever for damages or losses due to such prohibited use.

8. A guarantee shall only be granted for faults claimed within six (6) months of the purchase of this BackToCAD™ License. Obvious defects in the software must be specified within four (4) weeks of their discovery. If the software is defective, Kazmierczak Software GmbH shall be entitled, at its own discretion, to either supply a replacement or return the purchase money.

9. You are strongly advised to test new software thoroughly in an uncritical environment before putting it to actual use. You shall bear the entire risk of being able to use the program for your intended purpose.

10. The District Court of Stuttgart shall have exclusive jurisdiction over any and all disputes arising from or related to this contract. Only substantive German law shall be applicable to this contract.

11. The BackToCAD™ Technologies may not be made available to third parties who have connections to a data conversion service provider, an applications service provider or similar company; nor may it be used in a company for the purpose of offering services to third parties in the area of data conversion.

12. The rights granted to you by this license shall not imply that any rights are granted to third parties.