Non-Commercial Release DraftSight ^ License Agreement (for Alpha, Beta, and Pre-Release versions) This license agreement ("Agreement") between Dassault Systèmes S.A. and you, the end user, covers any Alpha, Beta, or Pre-Release version (each, as defined below, a "Non-Commercial Release Version") of the DraftSight^TM CAD software ("Product"). Because Alpha, Beta and Pre-Release versions have not yet been released for large-scale commercial use, their license terms vary from the standard end-user license terms governing the DraftSight product. The following is a general description of the Non-Commercial Release Versions of DraftSight, each of which corresponds to a phase of the product release cycle: Alpha – Pre-production version for functionality evaluation. May be unstable and have critical bugs; should never be used in a production environment or to modify production data. Beta – Pre-production version for quality evaluation. More stable than the Alpha version but may be unstable and have critical bugs; should never be used in a production environment or to modify production data. Pre-Release – The release candidate for First Customer Ship (FCS) and final quality evaluation. No known critical instability or critical bugs. Dassault Systèmes encourages you to use the Pre-Release Version in a production environment and strongly recommends that you create a backup of all model files and data. The Product release cycle moves through each of these phases in order. Once a Product is released into the next phase, you must discontinue your use and destroy all copies of the Product version from the previous stage. The terms of this Agreement vary depending on the particular Non-Commercial Release Version you are using. You can identify the particular Non-Commercial Release Version you are using by Selecting Help About. The following terms and conditions govern your use of the Non-Commercial Release Version of DraftSight: 1. You are granted a personal, nonexclusive, nontransferable, royalty-free and temporary license to use the Non-Commercial Release Version of the DraftSight software (the "Product") during the period from initial delivery of the Non-Commercial Release Version of the Product to you until the release of the next phase version or the availability of a commercial release version of the Product as described below (the "Non-Commercial Release Period"). Such use is solely for your own internal testing purposes. You may not transfer, sublicense, resell, or distribute the Product to any third party or remove the Product from the country where you received it. DraftSight is the proprietary product of Dassault Systèmes and its licensors, who retain all right, title, and interest in the Product throughout the world, including, without limitation, copyright. You may not copy, modify or make works derivative of the Product and you may not analyze for purposes competitive to Dassault Systèmes, reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Product, as such code contains trade secrets of Dassault Systèmes and its licensors. You are responsible for the supervision, management, and control of the use of the Product, and output of the Product, including, but not limited to establishing adequate backup to prevent the loss of data in the event of a malfunction of the Product. 2. Dassault Systèmes will provide you with a Non-Commercial Release Version of the Product and, at Dassault Systèmes’ sole discretion, updated versions of the Product that become available during the Non-Commercial Release Period. The Non-Commercial Release Version also automatically collects certain system data and transmits the data to Dassault Systèmes for support purposes. 3. You agree that the Product and related information provided to you as a Non-Commercial Release Version are not commercially available and may not be available for any public use whatsoever, in which case these are the confidential and proprietary trade secret information of Dassault Systèmes and its licensors ("Confidential Information"). You agree that until the Product or any such information is publicly released by Dassault Systèmes, you will take at least the same precautions to protect the confidentiality of the Confidential Information as you take to protect your own confidential information and that you will disclose the Confidential Information only to those of your employees who have a need to use the Product in connection with your testing process. You agree not to make Confidential Information available in any form to any third party without the prior written consent of Dassault Systèmes and not to use the Confidential Information for any purpose inconsistent with this Non-Commercial Release license. You agree to take all reasonable steps to ensure that the Confidential Information is not disclosed or distributed by your employees or agents in violation of the provisions of this paragraph. 4. You acknowledge that you are receiving a Non-Commercial Release Version of the Product that may contain software bugs, errors, or other defects, and you agree that you will not rely on the performance of the Product in your business without adequate back-up, parallel, or contingency measures. 5. Alpha and Beta Versions – You must not use the Alpha or Beta version in a production environment. There is no guarantee that (i) model files or data will be compatible with any or all versions of the Product, or (ii) later versions will neither corrupt files created with earlier versions nor contain critical bugs or instabilities. In addition, the access to or operation of certain Alpha and Beta products may terminate ("time out") after a certain period of time. There is no assurance that all functionality that appears in the Alpha or Beta version will be available in the commercially released version of the Product. 6. Dassault Systèmes and its licensors make no warranties with respect to the Product, Dassault Systèmes’ services, or any data or materials produced using the Product, including, without limitation, any implied warranties of merchantability, non-infringement, and fitness for a particular purpose. You use the Software at your sole risk. Dassault Systèmes and its licensors shall have no liability for any damages, including, without limitation, direct, indirect, incidental, special, or consequential damages, arising from the Product, use of the Product, any services related to the Product, or any data, products, or materials produced using the Product. 7. In exchange for the license granted in Section 1 of these terms, you agree to provide comments to Dassault Systèmes regarding the performance of the Product, including reporting any errors in the Product, and to suggest improvements to the Product. If you are a user of the Alpha or the limited visibility private Beta version of the Product, you agree to participate in periodic telephone feedback sessions, to respond to inquiries and to provide such other reasonable feedback as Dassault Systèmes may request. Furthermore, you agree that Dassault Systèmes may incorporate any suggested changes or improvements in any release versions of the Product without further liability to you and that Dassault Systèmes or its licensors will own all rights in any modifications or improvements it chooses to make to commercially released versions of the Product as a result of your comments. 8. The Non-Commercial Release Period will continue until release of the commercially released version of the Product. You agree that the Non-Commercial Release License will be in effect until the end of the Non-Commercial Release Period, unless earlier terminated by Dassault Systèmes. Dassault Systèmes may terminate this Non-Commercial Release License at any time, for any reason or for no reason, effective immediately upon written notice to you. Upon notice from Dassault Systèmes to you of such a termination or of the availability of the commercially released version of the Product, you agree to destroy all copies of the Non-Commercial Release Version of the Product and provide certification of their destruction in a form reasonably acceptable to Dassault Systèmes. You agree that any use by you of the commercially released version of the Product will be subject to the terms of the DraftSight End User License Agreement and to the published rates for the commercially released version of the Product, copies of which will be furnished to you upon request. The provisions of the first sentence of Section 1 and the first and second sentences of Section 7 of these terms shall terminate upon the termination of this Agreement, but all other provisions of this Agreement shall survive such termination. 9. You agree that Dassault Systèmes may identify your company as a user of the Product to its potential customers. 10. You agree not to export, re-export, or trans-ship either directly or indirectly, the DraftSight software. Additionally, you hereby certify to Dassault Systèmes that DraftSight will not be used in any nuclear, chemical, biological, weapons, or missile delivery systems and will not be diverted to any country, company, or individual that is prohibited by the applicable export laws of any country. Furthermore, you represent and warrant that you are not a citizen of or located within a French or U.S. embargoed or otherwise restricted nation (including, without limitation, Cuba, Iran, Libya, North Korea, Sudan, and Syria) and that you are not otherwise prohibited under any export control laws from receiving DraftSight. All rights to use DraftSight are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. 11. This Non-Commercial Release License Agreement contains the entire agreement between you and Dassault Systèmes with respect to its subject matter, and shall be governed by, and construed and enforced in accordance with the laws of France. The Commercial Court of Paris ("Tribunal de Commerce de Paris") shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the interpretation and/or performance of this Agreement, however, you acknowledge and agree that in the event that the subject matter of any such dispute is Intellectual Property related, Dassault Systèmes shall have the right to bring any such dispute before the French Civil Court having jurisdiction pursuant to the French Code of Civil Procedure ("Nouveau Code de Procédure Civile"). You acknowledge and agree that the terms herein shall not prevent, restrict or otherwise limit in any manner, Dassault Systèmes' rights to seek equitable remedies, including injunctive relief before any competent court in any jurisdiction. . By Accepting this Agreement, you represent that you are at least 18 years old and capable of entering into a legally binding agreement. If you are acting on behalf of a business entity, you represent that you are duly authorized to represent the business entity and to legally bind the entity to the terms of this Agreement.