PLM360-for-SW

END-USER LICENSE AGREEMENT FOR ROYALTY-FREE SOFTWARE OF AMC BRIDGE INC, IMPORTANT - READ CAREFULLY:
The terms and conditions that follow set forth a legal agreement between you (either an individual or an entity), the end user, and AMC Bridge Inc, with its principal place of business at 10 Lake Shore Drive S., Randolph, New Jersey 07869 USA ("AMC Bridge") relating to the computer software of AMC Bridge Inc, accompanying this Agreement (the "Software"). You should carefully read these terms and conditions BEFORE downloading and/or installing the Software. Downloading and/or installing the Software will signify your agreement to be bound by these terms and conditions.

1. GRANT OF LICENSE. AMC Bridge grants to you a royalty-free, nonexclusive license to use and copy the Software in accordance with this Agreement for your own internal business purposes.

2. OWNERSHIP OF THE SOFTWARE/ RESTRICTIONS ON COPYING/ OTHER RESTRICTIONS. AMC Bridge or its licensors own and will retain all copyright, trade secret and other proprietary rights in and to the Software. THE SOFTWARE AND ANY DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. You may not remove from the Software any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers and these license terms. You may not transfer, sell, license, sublicense, lease or rent the Software or the license granted by this Agreement. You may not modify or make works derivative of the Software and you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to selection of the Software to achieve your intended results and for establishing adequate backup to prevent the loss of data in the event of a malfunction of the Software.

3. TERM. The license granted herein will continue until the license is terminated. AMC Bridge may terminate the license granted herein immediately upon written notice to you if you breach any provision of this Agreement. Upon the termination of the license for any such reason, you will destroy all copies of the Software covered by the license. The provisions of Articles 2, 3, 4, 7 and 8 of this Agreement shall survive any termination of this Agreement.

4. "AS-IS" WARRANTY & DISCLAIMERS

a. "AS-IS" Warranty. AMC Bridge provides the Software to you AS IS and without a warranty of any kind. AMC Bridge does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.

b. Limitations on Warranties. The express warranty set forth in this Article 4 is the only warranty given by AMC Bridge with respect to the Software furnished hereunder; AMC Bridge and its licensors make no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose.

c. Limitations on Liability. The Software has been provided to you at no charge. In no event shall AMC Bridge or its licensors be liable for special, indirect, incidental or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits or loss of business) arising out of or in connection with the use of or inability to use the Software furnished hereunder, even if AMC Bridge or its licensors have been advised of the possibility of such damages.

5. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software - Restricted Rights), DFARS 252.227-7013(c)(1)(ii)(Rights in Technical Data and Computer Software) and in this Agreement, as applicable. Contractor/Manufacturer: AMC Bridge Inc, 10 Lake Shore Drive S., Randolph, New Jersey 07869 USA.

6. European Software Directive. If the provisions of the Council of European Communities Directive of May 14, 1991 on the Legal Protection of Computer Programs as implemented in applicable national legislation (the "Software Directive") apply to your use of the Software, and you wish to obtain the information necessary to achieve interoperability of an independently created computer program with the Software as permitted under Article 6 of the Software Directive ("Interoperability Information"), you must notify AMC Bridge in writing, specifying the nature of the Interoperability Information you need and the purpose for which it will be used. If AMC Bridge reasonably determines that you are entitled to such Interoperability Information under the Software Directive, AMC Bridge shall, at its option, either (i) provide such Interoperability Information to you, or (ii) allow you to reverse engineer the Software, within the limits and for the purposes prescribed by the Software Directive, solely to the extent indispensable to obtain such Interoperability Information. If AMC Bridge elects clause (i), you will provide any information and assistance reasonably requested by AMC Bridge to enable AMC Bridge to perform clause (i), and AMC Bridge may charge you a reasonable fee for making available the requested Interoperability Information, unless such a fee is prohibited under the Software Directive.

7. Export Control Restrictions. The Software is subject to the export control laws of the United States, which prohibit the export of the Software to certain persons and to persons in certain countries. By installing or using the Software, you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. You agree not to export or re-export the Software or the Documentation without the appropriate United States or foreign government licenses and the written approval of AMC Bridge and its licensors.

8. General Provisions. The terms of this Agreement shall be governed by and construed and enforced in accordance with the substantive laws of The State of New Jersey and will be deemed a contract under seal. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect. You further agree that this Agreement is the complete and exclusive statement of your agreement with AMC Bridge relating to the Software and supersedes any other agreement, oral or written, or any other communications between you and AMC Bridge relating to the Software.

ACCEPTANCE OF TERMS
AMC Bridge provides the Software to you subject to the following Terms of Use ("TOU"). By accessing and using the Software, you accept and agree to be bound by the terms and provisions of the TOU.
TRADEMARK INFORMATION
To see the full list of AMC Bridge trademarks visit.
LINKS TO OTHER WEBSITES
The Software might have links to other websites. AMC Bridge does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. AMC Bridge is not responsible for the content of any site that may be linked to the Software website.
CHANGES TO THESE TERMS OF USE
AMC Bridge may at any time revise these TOU. Any changes will be posted on AMC Bridge website, so we encourage you to review it from time to time at this location. You are bound by any such revisions.
DESCRIPTION OF SERVICES You understand and agree that the services is provided "AS-IS" and that AMC Bridge assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data or personalization settings. IN NO EVENT SHALL AMC BRIDGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SOFTWARE WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF AMC BRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER CONDUCT
You understand that all information, data, text, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not AMC Bridge, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Software. AMC Bridge does not control the Content posted via the Software and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will AMC Bridge be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Software. You agree to not use the Software to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, harm minors in any way, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Software, as well as any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), also any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
INDEMNITY
You agree to defend, indemnify and hold AMC Bridge, its affiliates, officers and employees, harmless from and against any claim, action or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Content you submit, post to or transmit through the Software, your violation of these TOS, or your violation of any rights of another.
USE OF CONTENT POSTED BY USERS
You acknowledge that AMC Bridge may or may not pre-screen Content, but that AMC Bridge and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Software. Without limiting the foregoing, AMC Bridge and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AMC Bridge or submitted via the Software.
TERMINATION
AMC Bridge reserves the right to discontinue access to Software to any person that does not comply with these TOU, as solely determined by AMC Bridge. Termination of your right to access or use the Software is in addition to all other legal or equitable remedies available to AMC Bridge.
APPLICABLE LAWS
AMC Bridge makes no representation that materials at this website are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this website shall be governed by the substantive laws of New Jersey, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods. You acknowledge, consent and agree that AMC Bridge may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of AMC Bridge, its users and the public.