Aeries CARS Software Solutions EULA

SOFTWARE PRODUCT: AERIES Cable And Raceway System suite consisting of:

CableMatic Plus
CableMatic Plus Builder
TrayMatic
LoadMatic
DbView
RCARS

DEFINITIONS

AC is the abbreviation for Aeries CARS, LLC
THE SOFTWARE is the software product listed above and all source files products are dependent on.
License is this agreement.
PC is a personal computer or workstation

YOUR AGREEMENT TO THIS LICENSE

You should carefully read the following terms and conditions before signing this agreement and installing the software. Installation of this software indicates your acceptance of this agreement.

COPYING OF THE SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THE SOFTWARE WITHOUT PERMISSION OF AC, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO AC FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

If you do not agree to all of the terms and conditions of this License, then: do not copy, install, distribute or use any copy of THE SOFTWARE with which this License is included.

SCOPE OF LICENSE

This License permits THE SOFTWARE to be used on one PC for a period of time as agreed with the acquisition or purchase agreement. All rights of any kind in THE SOFTWARE which are not expressly granted in this License are entirely and exclusively reserved to and by AC. You may not rent, lease, modify, translate, reverse engineer, de-compile, disassemble, or create derivative works based on, THE SOFTWARE, nor permit anyone else to do so. You may not make access to THE SOFTWARE available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. Any such unauthorized use shall result in immediate termination of the License.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

THE SOFTWARE, 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. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM, INCLUDING THE SOFTWARE, 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 THE SOFTWARE COVERED BY THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

ANY LIABILITY OF AC WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE THAT WAS PAID TO AC. IN ADDITION, IN NO EVENT SHALL AC, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE, OR TO YOUR RELATIONSHIP WITH AC.

IN ADDITION, IN NO EVENT DOES AC AUTHORIZE YOU OR ANYONE ELSE TO USE THE SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD AC HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

MAINTENANCE

Software updates are available to license holders that have a paid maintenance fee or annual renewal fee. Internet access is required to obtain the update.

GENERAL

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Georgia, without regard to Georgia choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and located in the State of Georgia,and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by AC herein. Any waiver by AC of any violation of this License by you shall not constitute, nor contribute to, a waiver by AC of any other or future violation of the same provision, or any other provision, of this License.