Last Revised: April 06, 2009
Welcome to NetSPEX DWS Online developed by Optimal AEC, Inc. ("Optimal AEC"). If you are a registered user of
NetSPEX DWS Online ("Subscriber") then any applicable end-user license agreement(s) associated with the software
you download from this site together with the following terms and conditions ("Terms of Use") govern your use of
NetSPEX DWS Online and any information, documents, products, software, graphics and supporting data including XML
documents and configuration files ("Materials") that you download or otherwise obtain from NetSPEX DWS Online. If
you do not fit into the foregoing category, these Terms of Use control your use of NetSPEX DWS Online. Your
agreement to follow and be bound by these Terms of Use is a condition precedent to your use of NetSPEX DWS Online.
By accessing, using, or downloading Materials from NetSPEX DWS Online, you agree to these Terms of Use. If you do
not agree with these Terms of Use, do not use NetSPEX DWS Online.
NetSPEX DWS Online is provided to you subject to the following Terms of Use. Optimal AEC reserves the right to
update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be
reviewed by clicking on the "Terms" hypertext link located at the bottom of NetSPEX DWS Online pages.
NetSPEX DWS Online provides you with access to NetSPEX Designer, tools for licensing NetSPEX Designer and a CAD
standard developed in NetSPEX (collectively "Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new NetSPEX DWS Online, are subject to the Terms of Use.
See the Privacy Statement disclosures relating to the collection and use of your information.
Any software made available for download from the Services ("Software") is the copyrighted work of Optimal AEC.
Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN
THE LICENSE AGREEMENT, OPTIMAL AEC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Use NetSPEX DWS Online and any Materials they contain at your own risk. Due to the inherent uncertainties of
electronic distribution, there may be delays, omissions, inaccuracies or other problems with such information. Reliance
upon any information on NetSPEX DWS Online is at your own risk. You are solely responsible for any loss of data or
damage to your computer system resulting from use of NetSPEX DWS Online. In states where exclusion of damages is
specifically prohibited, you agree that Optimal AEC’s liability for any claim whatsoever, brought by any party whatsoever,
arising from your use of the services shall not exceed amounts paid to Optimal AEC by you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTIMAL AEC DISCLAIMS ANY AND ALL OTHER WARRANTIES, FOR ITSELF AND
FOR ALL CONTRIBUTORS TO NETSPEX DWS ONLINE, EITHER STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF GOOD TITLE, WARRANTIES AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
OPTIMAL AEC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN NETSPEX DWS ONLINE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF NETSPEX DWS ONLINE WILL BE UNINTERRUPTED OR ERROR FREE.
OPTIMAL AEC DOES NOT WARRANT THAT ANY MATERIALS DELIVERED WITH THE SYSTEM, BE ERROR FREE OR THAT THE MATERIALS ARE
INTERPRETED BY OPTIMAL AEC EXACLY AS THE ORIGINAL MATERIALS CREATOR INTENDED.
OPTIMAL AEC SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE NETSPEX DWS ONLINE.
Optimal AEC controls and operates NetSPEX DWS Online from its headquarters Stanwood, Washington, United States and makes
no representation that these Materials are appropriate or available for use in other locations. If you use NetSPEX DWS Online
from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export
and import regulations of other countries.
Unless explicitly stated otherwise, all marketing or promotional Materials found on NetSPEX DWS Online are directed only to
individuals, companies, or other entities located in the United States.
The Materials are subject to United States export control laws, regulations and requirements. You agree, regardless of any
disclosure made by you to Optimal AEC concerning the ultimate destination of any Materials, that you must not export or transfer,
whether directly or indirectly, the Materials, or any portion thereof, or any system containing such Materials or any portion
thereof, to anyone outside the United States without first complying strictly and fully with all export controls that may be
imposed on the Materials by the U.S. Government or any country or organization of nations within whose jurisdiction you use the
Materials. The countries subject to restriction by action of the United States Government are subject to change, and it is your
responsibility to comply with the United States Government requirements, as they may be amended from time to time, and to assume
sole responsibility for obtaining licenses to export or re-export as may be required. You shall indemnify, defend, and hold Optimal
AEC harmless for any breach of its obligations pursuant to this section.
You shall not rent, lease, sublicense, assign, transfer, network, reproduce, or timeshare the Material, Services, or your rights,
duties, or obligations under this Agreement, nor cause or permit any person or entity to do the same without prior written consent
of Optimal AEC. Further, any attempt to sublicense, assign, or transfer any of your rights, duties, or obligations hereunder without
such written consent is void and will result in the termination of your subscription to NetSPEX DWS Online.
Subject to any License Agreement provided with the software obtained from NetSPEX DWS Online, you shall not electronically transfer
the Material or Services through a local area network, wide area network, or other network system or through any computer subscriber
system or bulletin-board, unless you receive prior written approval from Optimal AEC granting you the right to transfer the Material
or Services in the manner requested. Failure to do so may result in the termination of your subscription to NetSPEX DWS Online.
NetSPEX DWS Online requires you to open an account; you must complete the registration process by providing current, complete, and
accurate information as prompted by the applicable registration form or by Optimal AEC personnel. You also will be provided a password
and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your account. You agree to notify Optimal AEC immediately of any
unauthorized use of your account or any other breach of security. Optimal AEC will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for
losses incurred by Optimal AEC or another party due to someone else using your account or password. You may not use anyone else's
account at any time without the permission of the account holder.
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