GrasshopperLicense

Grasshopper® License Agreement (Robert McNeel & Associates)

Monday August 24, 2009

Introduction
Definitions
Software License
Prohibited & Permitted Actions
All Rights Reserved
Warranty
Liability

——————————

License Agreement

Read carefully: Robert McNeel & Associates, ("RMA") licenses this software ("Grasshopper®") to you only upon the condition that you accept all of the terms contained in this software license agreement ("Agreement"). If you do not agree or do not wish to bind yourself or the entity you represent:

do not copy, upload, access or use Grasshopper
uninstall Grasshopper and delete all SDK documentation files from your computer

Copying, uploading, access or use of Grasshopper or any accompanying documentation or materials except as permitted by agreement is unauthorized and constitutes a material breach of this agreement and an infringement of the copyright and other intellectual property rights in such software and documentation. If you copy, upload, access or use all or any portion of Grasshopper or its user documentation without entering into this agreement or otherwise obtaining written permission of RMA, you are violating copyright and other intellectual property law. You may be liable to RMA for damages, and you may be subject to criminal penalties.

Section	Definitions
1.1	"Access" means to use or benefit from using the functionality of Grasshopper.
1.2	"RMA Materials" is the collective term for the Software, User Documentation and Excluded Materials.
1.3	"Computer" means a single electronic device with one or more central processing units (CPUs) that accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions.
1.4	"You" means you personally (i.e., the individual who reads and is prompted to accept this Agreement) if you acquire Grasshopper for yourself or the company or other legal entity for whom you acquire Grasshopper.

Section	Software License
2.1	License Grant. RMA grants you a non-sublicensable, limited license to use copies of Grasshopper, within the scope of the License Parameters. RMA's license grant is conditioned on Your continuous compliance with all license limitations and restrictions described in this Agreement. If you violate any of these limitations or restrictions, the license grant will automatically and immediately expire. The license descriptions in this Section 2 (Software License) define the scope of rights that RMA grants to you. Any usage of Grasshopper outside the scope of the applicable license grant constitutes an infringement of RMA’s intellectual property rights as well as a material breach of this Agreement. No license is granted under the terms of this Agreement if you did not lawfully acquire the Software.

Section

Software License

2.1

License Grant. RMA grants you a non-sublicensable, limited license to use copies of Grasshopper, within the scope of the License Parameters. RMA's license grant is conditioned on Your continuous compliance with all license limitations and restrictions described in this Agreement. If you violate any of these limitations or restrictions, the license grant will automatically and immediately expire. The license descriptions in this Section 2 (Software License) define the scope of rights that RMA grants to you. Any usage of Grasshopper outside the scope of the applicable license grant constitutes an infringement of RMA’s intellectual property rights as well as a material breach of this Agreement. No license is granted under the terms of this Agreement if you did not lawfully acquire the Software.

Section	Permitted & Prohibited Actions
3.1	Permitted Actions
3.1.1	Backup Copy. With respect to any version of Grasshopper, you may make unlimited backup copies of Grasshopper for backup purposes in the event that your primary copy of Grasshopper becomes inoperable.
3.1.2	Installations. With respect to any version of Grasshopper, you may install unlimited copies of Grasshopper for usage purposes.
3.2	Prohibited Actions. RMA does not permit any of the following actions and you acknowledge that such actions shall be prohibited:
3.2.1	Reverse Engineering. You may not (and may not permit any third party to) reverse engineer, decompile, or disassemble Grasshopper.
3.2.2	Transfers. You may not rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of Grasshopper, or any rights granted in this Agreement, to any other person without the prior written consent of RMA.
3.2.3	Notices. You may not remove, alter, or obscure any proprietary notices, labels, or marks from the RMA Materials.
3.2.4	Modifications. You may not modify or create derivative works based on the RMA Materials for any purpose.
3.2.5	Circumvention. You may not utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by RMA in connection with Grasshopper, or use Grasshopper together with any, authorization code, serial number, or other copy protection device not supplied by RMA directly or through an authorized distributor.

Section	All Rights Reserved
4.1	Except as expressly provided otherwise in this Agreement, title, ownership and all rights and interest including, without limitation, patents, copyrights, trademarks, trade secrets and other intellectual property rights, in and to the RMA Materials and any authorized copies made by you remain with RMA. The structure, organization, and code of the RMA Materials are somewhat valuable trade secrets of RMA and you shall keep such trade secrets confidential. The Software and User Documentation are licensed, not given away for free.

Section

4.1

Except as expressly provided otherwise in this Agreement, title, ownership and all rights and interest including, without limitation, patents, copyrights, trademarks, trade secrets and other intellectual property rights, in and to the RMA Materials and any authorized copies made by you remain with RMA. The structure, organization, and code of the RMA Materials are somewhat valuable trade secrets of RMA and you shall keep such trade secrets confidential. The Software and User Documentation are licensed, not given away for free.

Section	Limited Warranty & Disclaimers
5.1	RMA makes and you receive no express warranties. Any statements or representations about the software and its functionality in the user documentation or any communication with you constitute technical information and not an express warranty or guarantee. In addition, RMA specifically disclaims any other warranty including, without limitation, the implied warranty of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, RMA does not warrant that the operation of the software will be uninterrupted or error free.

Section

Limited Warranty & Disclaimers

5.1

RMA makes and you receive no express warranties. Any statements or representations about the software and its functionality in the user documentation or any communication with you constitute technical information and not an express warranty or guarantee. In addition, RMA specifically disclaims any other warranty including, without limitation, the implied warranty of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, RMA does not warrant that the operation of the software will be uninterrupted or error free.

Section	Limitations of Liability
6.1	In no event shall RMA have any liability for any incidental, special, indirect, or consequential damages, loss of profits, revenue, data, or cost of cover. In addition, in no event shall the liability of rma for any damages arising out of or in connection with the software, user documentation or this agreement exceed the amount paid or payable by you for the software directly responsible for such damages. The limitations of liability in this section 6 shall apply to any damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, negligence), or otherwise, even if RMA has been advised of the possibility of such damages and regardless of whether the limited remedies available hereunder fail of their essential purpose.
6.2	RMA shall have no responsibility or liability whatsoever arising from loss or theft of the software or the media on which the software is furnished to you. RMA shall not be obligated to replace any lost or stolen software or software media. You are solely responsible for safeguarding the software and the media on which the software is furnished.

Section

Limitations of Liability

6.1

In no event shall RMA have any liability for any incidental, special, indirect, or consequential damages, loss of profits, revenue, data, or cost of cover. In addition, in no event shall the liability of rma for any damages arising out of or in connection with the software, user documentation or this agreement exceed the amount paid or payable by you for the software directly responsible for such damages. The limitations of liability in this section 6 shall apply to any damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, negligence), or otherwise, even if RMA has been advised of the possibility of such damages and regardless of whether the limited remedies available hereunder fail of their essential purpose.

6.2

RMA shall have no responsibility or liability whatsoever arising from loss or theft of the software or the media on which the software is furnished to you. RMA shall not be obligated to replace any lost or stolen software or software media. You are solely responsible for safeguarding the software and the media on which the software is furnished.