Software License Agreement
- Read Before Use -
Please read and understand this license.
Note: Throughout this agreement, the word Software refers to the software product that you have licensed from SynaptiCAD Sales, Inc. SynaptiCAD Sales, Inc., may be referred to as SynaptiCAD through this document.
You have purchased a license to use the following SynaptiCAD Software product: SolverCAD. The software may be distributed free of charge or in a fee-based arrangement at the discretion of SynaptiCAD. The terms of this license do not change whether the user obtained SolverCAD free of charge or is paying for it. The software is owned and remains the property of SynaptiCAD, is protected by international copyrights and patents, and is transferred to the original purchaser and any subsequent owner of the Software media for their use only on the license terms set forth below. Installing or using the Software indicates your acceptance of these terms. If you do not agree to all of the terms and conditions, discontinue use and uninstall it if it is installed on your local computer. 
Use of the Software
- SynaptiCAD grants the original purchaser ("Licensee") the limited rights to possess and use the Software and User’s Manual ("Software") for its intended purpose. Licensee agrees that the Software will be used solely for Licensee’s internal purposes. 
- Node-Locked Licenses: If you have obtained the Software under a node-locked license, then a "node" refers to a specific machine and the Software may be installed only on the number of nodes indicated on the Purchasing Agreement, must be used only on the node(s) on which it is installed, and may be accessed only by users who are physically present at that node. Further, a node-locked license may only be used by one (1) user at a time running one (1) instance of the Software at a time.
- Floating LAN Licenses: If you have obtained the Software under a floating license, then you may install the software on a single file server for use on a single local area network. Employees physically located within the same physical campus as the file server may use the software. The total number of concurrent users of the Software shall at no time exceed the number of licenses specified in the Purchasing Agreement.
- WAN Licenses: If you have purchased the right to use the Software over your wide area network (commonly referred to as a "WAN"), then unless the Purchasing Agreement states otherwise, the  Software may be used by your employees who are located at any of your facilities worldwide (if you purchased the right to use over a global WAN) or at any of your facilities on the same continent on which your Key Server is located (if you purchased the right to use over a continental WAN). 
- Evaluation Licenses: If you obtain an evaluation license for the Software, you will have the same license rights as described above except that you may use the Software only for the purpose of evaluating it and deciding whether to purchase a license to use it for production purposes. You shall not use the Software to design any integrated circuits for production or pre-production purposes or any other commercial use including, but not limited to, for the benefit of your customers. If you breach the forgoing restrictions, then you shall pay to SynaptiCAD a license fee equal to SynaptiCAD's perpetual list price plus maintenance for the commercial version of the Software. You agree that damages for such a breach would be difficult to assess, and such payment represents a reasonable assessment of the potential damage to SynaptiCAD. You recognized and agree that this amount is a reasonable, liquidated amount and not a penalty. Also, evaluation copies of Software are provided "AS IS". Therefore the warranty and indemnification provisions in this agreement do not apply to evaluation licenses.
- One machine-readable copy of the Software may be made for BACKUP PURPOSES ONLY, and the copy shall display all proprietary notices, and be labeled externally to show that the backup copy is the property of SynaptiCAD, and that use is subject to this License.
- Use of the Software by any department, agency or other entity of the U.S. Federal Government is limited by the terms of the below "Rider for Governmental Entity Users."
- Licensee may transfer its rights under this License, provided that the party to whom such rights are transferred agrees to the terms and conditions of this License, and written notice is provided to SynaptiCAD. Upon such transfer, Licensee must transfer or destroy all copies of the Software.
- Except as expressly provided in this License, Licensee may not modify, reverse engineer, decompile, disassemble, distribute, sub-license, sell, rent, lease, give or in any other way transfer, by any means or in any medium, including telecommunications, the Software. The Software may include a mechanism that can detect the installation or use of illegal copies of the Software, and collect and transmit data about those illegal copies. Data collected will not include any customer data created with the Software. By using the Software, you consent to such detection and collection of data, as well as its transmission and use if an illegal copy is detected. Licensee will use its best efforts and take all reasonable steps to protect the Software from unauthorized use, copying or dissemination, and will maintain all proprietary notices intact.
LIMITED WARRANTY 
SynaptiCAD warrants the Software media to be free of defects in workmanship for a period of ninety days from the purchase. During this period, SynaptiCAD will replace at no cost any such media returned to SynaptiCAD, postage prepaid. This service is SynaptiCAD’s sole liability under this warranty.
DISCLAIMER LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY SYNAPTICAD, AND SYNAPTICAD DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE SOFTWARE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. FURTHERMORE, LICENSEE INDEMNIFIES AND AGREES TO HOLD SYNAPTICAD HARMLESS FROM SUCH CLAIMS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE. THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES MADE BY SYNAPTICAD AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIED LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Term
- This license is effective as of the time Licensee receives the Software, and shall continue in effect until Licensee ceases all use of the Software and returns or destroys all copies thereof, or until automatically terminated upon failure of Licensee to comply with any of the terms of this License.
General
- This License is the complete and exclusive statement of the parties’ agreement. Should any provision of this license be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the extent permissible, and the remainder of the License shall nonetheless remain in full force and effect. This License shall be controlled by the laws of the State of Virginia, and the United States of America.
Rider For U.S. Governmental Entity Users
This is a rider to SYNAPTICAD LICENSE AGREEMENT ("License") and shall take precedence over the License where a conflict occurs.
1. The Software was: developed at private expense (no portion was developed with government funds) and is a trade secret of SynaptiCAD and its licensor for all purposes of the Freedom of Information Act; is "commercial computer software" subject to limited utilization as provided in any contract between the vendor and the government entity; and in all respects is proprietary data belonging solely to SynaptiCAD and its licensor.
2. For units of the DoD, the Software is sold only with "Restricted Rights" as that term is defined in the DoD Supplement to DFAR 252.227-7013 (b)(3)(ii), and use, duplication or disclosure is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. Manufacturer: SynaptiCAD, PO Box 10608, Blacksburg, Va 24062-0608 USA.
3. If the Software was acquired under a GSA Schedule, the Government has agreed to refrain from changing or removing any insignia or lettering from the Software or Documentation or from producing copies of manuals or disks (except for backup purposes) and: (1) Title to and ownership of the Software and Documentation and any reproductions thereof shall remain with SynaptiCAD and its licensor; (2) use of the Software shall be limited to the facility for which it is acquired; and (3) if the use of the Software is discontinued at the original installation location and the Government wishes to use it at another location, it may do so by giving prior written notice to SynaptiCAD, specifying the new location site and class of computer.
4. Government personnel using the Software, other than under the DoD contract or GSA Schedule, are hereby on notice that use of the Software is subject to restrictions that are the same or similar to those specified above.