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END USER LICENSE AGREEMENT (EULA) FOR ARCHON PRODUCTS

Solverware is a licensed distributor of Archon Cayman Software. Archon Cayman software is no longer maintained or supported by Archon Engineering.

To the best of our knowledge Archon Cayman Software is accurate and complies with the standards of good engineering practice.  Quality control is not maintained on Demonstration (Demo) or shareware versions, and are therefore not recommend for use in design or analysis.

The Demo versions may be freely distributed without prior approval from Archon Cayman.  Demo versions may not be sold without prior approval from Archon Cayman.  Registered versions are not demo versions or shareware and may only be placed on one PC at any one time.

In no case does Archon Cayman or its licensed distributors/suppliers take any responsibility for any project, calculation, design, drawing, or any other object generated with Archon Cayman Software. It is up to the user to verify that Archon Cayman Software meets his project requirements and his personal expectations. Engineering software should never be used to replace good engineering judgment. For the purposes of this End User License Agreement (EULA), Engineering Software pertains to any application copyrighted by Archon Cayman or distributed by Archon Cayman Licensed distributors.

DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCHON CAYMAN OR ITS SUPPLIERS, PROVIDES TO YOU THIS ENGINEERING SOFTWARE, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THIS ENGINEERING SOFTWARE ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND ARCHON CAYMAN AND LICENSED DISTRIBUTORS HEREBY DISCLAIMS WITH RESPECT TO THE ENGINEERING SOFTWARE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ENGINEERING SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH YOU.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCHON CAYMAN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY(INCLUDING OF GOOD FAITH OR OF REASONABLE CARE)  NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE ENGINEERING SOFTWARE OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF ARCHON CAYMAN OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

LIMITATION OF LIABILITY AND REMEDIES: NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY, OF ARCHON CAYMAN AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE ENGINEERING SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.