Although the eCabinet Systems software is free, it is only offered under the license agreement printed below. In order to begin using the software, you must agree to the terms and conditions of the license agreement and you must electronically register, assuring us that you have accepted the license agreement. This agreement is required to protect us and our software partners. Please review it carefully before agreeing to be bound by its terms and conditions. Any changes to the agreement will be published in this area of our web site.
eCabinet Systems and Thermwood reserve
the right to refuse to provide the software associated with the eCabinet Systems program
(the Software) and a license to use the Software and/or an extension
of service, update or updates to the Software to anyone that they feel,
in their sole judgment, cannot properly use the Software and/or whose
membership, or continued membership, may be harmful, damaging or detrimental
to the program, its members and/or the vendor/partners in the program.
You must also maintain an active email address with Thermwood Corporation and accept Thermwood emails. Failure to have an active email address and accepting Thermwood emails will result in losing the right to run eCabinet Systems.
Neither Thermwood Corporation, nor any company, organization or individual
in any way associated with eCabinet Systems shall
be liable in any manner whatsoever for losses, or alleged losses of any
kind arising from the refusal to provide Software or the refusal to provide
updates or extensions allowing the continued use of the Software.
Software Use License Agreement
IMPORTANT - READ CAREFULLY: By installing this software, you, (either
an individual, corporation or a single entity) (referred to herein
as "you" or the "Licensee") agree to enter into
this Software Use License Agreement ("Agreement") with Thermwood
Corporation ("Thermwood") for the eCabinet
Systems application
software, which was developed using HOOPS and Parasolid provided by
Tech Soft America, LLC ("Tech Soft"), 2D DCM provided by
D-Cubed through UGS, and LightWorks provided by LightWorks Design Ltd.
Thermwood,D-Cubed, LightWorks Design, and Tech Soft combined, jointly
and severely, shall be referred to as "Software Developers".
The HOOPS 3D Graphics System, the Parasolid Kernel Modeler, LightWorks,
eCabinet Systems application, other computer software products, including
associated models, media, printed materials and/or “online” or
electronic documentation are hereinafter referred to as the “Software”.
By installing, copying, or otherwise using the Software, you agree
to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
These terms listed herein represent the entire understanding relating to the use of Software Developer's websites and Software and prevails over any prior or contemporaneous, conflicting or additional, communications. Thermwood can revise these items at any time without notice by updating this posting on its web site.
1. GRANT OF LICENSE. This Agreement grants you the following rights:
--License to use. The software, documentation and fonts accompanying
this License whether on disk, in read only memory, on any other media
or in any other form are licensed, not sold or given to you by Software
Developers for use only under the terms of this License, and Software
Developers reserve all rights not expressly granted to you. Software
Developers grant to you a non-exclusive and non-transferable license
for the use of the accompanying software and documentation provided you
have registered with Thermwood by providing complete, true and accurate
information as required for registration. You may not sell, trade or
distribute the software without specific written agreement from Thermwood.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-- Customizing, Extending or Expanding. You may not customize, extend,
expand, add features or functionality to the software without entering
into a separate license agreement with Thermwood.
-- Limitations on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that applicable law notwithstanding this
limitation expressly permits such activity.
-- Use restrictions. Software is confidential and copyrighted. Except
as set forth herein, you agree to not (a) remove any product identification,
copyright notices, or other notices or proprietary restrictions from
Software; (b) cause or permit reverse engineering, disassembly, or decompilation
of Software; or (e) disclose results of any benchmark tests of any Software
to any third party without Thermwood's prior written approval.
-- The Software is licensed to Licensee. All right, title and interest
in and to the Software, in whole or in part and all copies thereof, and
all modifications, enhancements, derivatives and other alterations of
the Software regardless of who made any modifications, if an, are, and
will remain, the sole and exclusive property of Software Developers.
3. NO WARRANTY. ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. SOFTWARE DEVELOPERS, AND THEIR SUPPLIERS
DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTEES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOFTWARE
IS DISTRIBUTED "AS IS". LICENSEE SHALL RECEIVE NO UPGRADES
TO THE SOFTWARE UNLESS EXPLICITLY GRANTED BY THERMWOOD.
4. LIMITATION OF LIABILITY. SOFTWARE DEVELOPERS SHALL NOT BE LIABLE FOR
ANY DAMAGES SUFFERED AS A RESULT OF USING, MISUSING, MODIFYING, CONTRIBUTING,
COPYING, OR DISTRIBUTING SOFTWARE OR MATERIALS. IN NO EVENT SHALL SOFTWARE
DEVELOPERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS,
USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR
BREACH OR IN TORT, EVEN IF SOFTWARE DEVELOPERS. HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY
FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION
WITH THE SOFTWARE AND/OR WEBSITES AND WILL NOT MAKE A CLAIM AGAINST SOFTWARE
DEVELOPERS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS
OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO
HOLD SOFTWARE DEVELOPERS HARMLESS FROM, AND YOU COVENANT NOT TO SUE SOFTWARE
DEVELOPERS FOR, ANY CLAIMS BASED ON USING THE SOFTWARE OR WEBSITES.
5. EXPORT LAW ASSURANCES. Licensee agrees and certifies that neither
the Software, nor any other technical data received from Software Developers,
nor the direct product thereof, will be exported outside the United States
except as authorized and as permitted by the laws and regulations of
the United States. If the Software has been rightfully obtained by Licensee
outside of the United States, Licensee agrees that it will not re-export
the Software nor any other technical data received from Software Developers,
nor the direct product thereof, except as permitted by the laws and regulations
of the United States and the laws and regulations of the jurisdiction
in which Licensee obtained the Software.
6. CONTROLLING LAW AND SEVERABILITY. This License shall be governed by
and construed in accordance with the laws of the United States and the
State of Indiana, as applied to agreements entered into and to be performed
entirely within Indiana between Indiana residents. If, for any reason,
a court of competent jurisdiction finds any provision of this License,
or portion thereof, to be unenforceable, that provision of the License
shall be enforced to the maximum extent permissible so as to effect the
intent of the parties, and the remainder of this License shall continue
in full force and effect.
7. COPYRIGHTS. All title and copyrights in and to the Software (including,
but not limited to any images, photographs, animations, video, audio,
music, text, and "applets" incorporated into the Software),
the accompanying printed materials, and any copies of the Software are
owned by Software Developers or their suppliers. Copyright laws and international
treaty provisions protect the Software. Therefore, you must treat the
Software like any other copyrighted material. You may copy the printed
materials accompanying the Software only to the extent necessary for
instruction of your employees assigned to operate the Software. THE SOFTWARE
IS LICENSED, NOT SOLD, AND OWNERSHIP REMAINS WITH SOFTWARE DEVELOPERS.
8. COMPLETE AGREEMENT. This license constitutes the entire agreement
between the parties with respect to the use of the Software, related
documentation and fonts, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject
matter. The use of the Software shall be governed by the terms of this
Agreement. No amendment to or modification of this License will be binding
unless in writing and signed by a duly authorized representative of Software
Developers.
9. GENERAL. If this product was acquired outside the United States, then
local law may apply. Should you have any questions concerning this Agreement,
or if you desire to contact Thermwood Corporation for any reason, write
Thermwood Corporation, PO Box 436, Dale, Indiana 47523: 812.937.4476