This agreement is between Marc-Antoine Doyon, doing business as MD Automation (sole proprietorship, NEQ 2282467283), Rouyn-Noranda, Québec (“MD Automation”, “we”), and the person or business that buys, installs, activates or uses the software (the “Customer”, “you”).
You accept this agreement by ticking the acceptance box at purchase or in the installer. If you accept it on behalf of a business, you represent that you are authorized to bind it, and “Customer” then means that business. If you do not accept it, do not install or use the software.
1.Scope and customers
1.1This agreement governs the use of the AutoCAD plugins published by MD Automation (each, the “Software”), including their updates, documentation and associated license keys.
1.2The Software is intended for professional use. At purchase, you declare that you are buying the Software for professional or business purposes.
1.3If you are nonetheless a consumer within the meaning of Québec’s Consumer Protection Act, the provisions of that Act that protect you apply notwithstanding anything to the contrary in this agreement, and some clauses, in particular those of sections 9, 10 and 17, may not apply to you.
2.License grant
2.1Subject to payment of the applicable fee and compliance with this agreement, MD Automation grants you a non-exclusive, non-transferable, non-sublicensable license to install and use the purchased Software on one computer (the one the license key is bound to), for your internal purposes.
2.2The Software is licensed, not sold. MD Automation retains ownership of the Software and all intellectual property rights in it.
2.3If the Customer is a business, it is responsible for the use of the Software by its employees and agents, and for their compliance with this agreement.
3.License types
3.1Perpetual license. Lets you use, with no time limit, the version of the Software obtained during the update period (section 6), with the AutoCAD versions that version supports according to its documentation. Compatibility with AutoCAD versions released after the update period is not guaranteed.
3.2Trial. One free 15-day trial per Software per computer. The Software stops working at the end of the trial unless a license is purchased.
3.3Subscription (when offered). Lets you use the included Software while the subscription is paid and active. It requires an online account. When the subscription ends, the right to use the included Software ends.
3.4Changing computers. A license is bound to one computer, but it may be moved to a new computer. On request, we will issue a new key for the new computer at no charge, up to one move per 12-month period for each license.
3.5Removal from the old computer. When the license is moved, you agree to remove it from the old computer, by releasing or removing the key in the License Manager or by uninstalling the Software, no later than when you activate the new key. The old key then ceases to be authorized. Continuing to use the Software on the old computer is use on more than one computer, in breach of paragraph 4 e).
4.Restrictions
You may not, and may not allow anyone to:
- a)copy the Software, except to install it under section 2 and for one backup copy;
- b)sell, rent, lend, distribute or transfer the Software or a license key;
- c)decompile, disassemble or reverse-engineer the Software, except to the extent the law expressly permits it notwithstanding this restriction;
- d)circumvent, disable or modify the licensing system, code protection or activation mechanisms;
- e)use one key on more than one computer;
- f)remove proprietary or copyright notices.
5.Activation and personal information
5.1Activation. Activation binds the license key to a fingerprint of your computer: an irreversible hash of the identifier Windows assigns to your installation. To issue and, if needed, reissue a key, we keep your email address, this fingerprint and the payment reference. We treat this information as personal information.
5.2Trial. To start a trial, the Software sends our service the computer’s fingerprint and the product identifier, with no name or email.
5.3Offline operation. Once activated, a perpetual license works offline. The Software may periodically download a public list of available versions, without sending any information that identifies you.
5.4Usage statistics. They are optional and off by default. They are pseudonymous: linked to a random installation identifier, never to your name, email, license or your computer’s fingerprint, and they contain no drawing content or file names. You can turn them on or withdraw your consent at any time in the License Manager.
5.5How personal information is handled is described in our privacy policy (mdautomation.ca/privacy/) and, for usage statistics, in the notice shown in the License Manager. The privacy policy is not part of this agreement.
6.Updates and support
6.1A perpetual license includes, for 12 months from purchase, published updates and email support. After that period the Software keeps working as it is; new versions require a renewal, at the price then in effect.
6.2A subscription includes updates and support for its whole duration.
6.3Support is provided in writing, within a reasonable time, with no commitment to a resolution time.
7.Third-party components and platforms
7.1The Software works with AutoCAD, a product of Autodesk, Inc., which must be licensed separately by you. AutoCAD is a registered trademark of Autodesk, Inc. MD Automation is neither affiliated with nor endorsed by Autodesk.
7.2The Software includes open-source libraries that remain governed by their own licenses, listed with the Software.
7.3If you obtain the Software through the Autodesk App Store, that platform’s terms may also apply to your download; this agreement governs your use of the Software.
8.Price and refunds
The free 15-day trial is the evaluation: no refund is given for a change of mind after purchase. If the Software is defective, your remedies are those of section 9.2. A refund ends the license concerned, and the corresponding key ceases to be authorized.
9.Limited warranty
9.1Warranty. For 12 months from purchase, MD Automation warrants that the Software will perform substantially in accordance with its documentation, on the AutoCAD versions the documentation lists as supported.
9.2Remedies. If the Software does not conform to this warranty, notify us in writing during that period, describing the problem. We will correct the defect or provide a reasonable workaround; if we cannot do so within a reasonable time, we will refund the price paid for the Software concerned. To the fullest extent permitted by law, these are your only remedies for any non-conformity or defect of the Software.
9.3Exclusions. The warranty does not cover a problem caused by an unsupported AutoCAD version, a modification of the Software, use contrary to its documentation, or other software or hardware. The free trial is provided without warranty.
9.4No other warranty. Subject to this section and to the fullest extent permitted by law, no other warranty, express or implied, is given, including as to freedom from all errors, uninterrupted operation or fitness for a use not described in the documentation. Between professionals, the parties agree that the warranty and remedies in this section replace the warranty of quality under articles 1726 and following of the Civil Code of Québec, to the extent permitted by law.
9.5Drafting aid. The Software is a drafting aid; it does not replace professional judgment. You alone are responsible for:
- a)checking the drawings, data and results produced or modified with the Software before using, issuing or relying on them;
- b)keeping backups of your files before using the Software, in particular before any operation applied to several drawings at once;
- c)the compliance of your drawings with applicable standards, codes and requirements.
10.Limitation of liability
10.1To the fullest extent permitted by law, MD Automation is not liable for the following losses: loss of profits, revenue, contracts or goodwill; loss or corruption of data or drawings; the cost of checking, redoing or correcting drawings or work; delays and business interruption; third-party claims against you.
10.2To the fullest extent permitted by law, MD Automation’s total liability for all claims relating to the Software or this agreement is limited to the greater of: a) the amounts you paid for the Software concerned in the 12 months before the event giving rise to the claim; and b) $500. For Software used only as a free trial, nothing is owed.
10.3Sections 10.1 and 10.2 apply whatever the basis of the claim. They do not limit liability for bodily or moral injury, or for intentional or gross fault (article 1474 of the Civil Code of Québec).
11.Termination
11.1You may end this agreement at any time by ceasing to use the Software and uninstalling it.
11.2We may end this agreement by written notice if you materially breach any of its provisions and do not cure the breach within 15 days of the notice. A breach of paragraphs 4 b), d) or e) allows immediate termination.
11.3A trial or subscription license also ends when its period expires.
11.4On termination you must stop using the Software and uninstall it. Sections 2.2, 4, 9.5, 10, 12, 16, 17 and 18 survive.
12.Intellectual property and feedback
Suggestions you send us may be used freely to improve our products, with no obligation to you. Your drawings and data belong to you; we have no access to them.
13.Changes
We may amend this agreement. A new version applies to new versions of the Software and to renewals, and is presented to you for acceptance. The version you accepted continues to apply to the version of the Software for which you accepted it. For a subscription, the new version is sent to you at least 30 days before renewal; if you refuse it, you may cancel before the renewal.
14.Assignment
You may not assign this agreement without our written consent. We may assign it without your consent to a company we control or that acquires the MD Automation business or the MD Plugins line, provided your rights under this agreement are maintained. We will notify you.
15.Force majeure
Neither party is liable for a delay or failure caused by superior force within the meaning of article 1470 of the Civil Code of Québec, including an outage at a hosting, email or payment provider.
16.Entire agreement and severability
This agreement is the entire agreement between the parties regarding the Software. If any provision is held invalid or unenforceable, the others remain in force.
17.Governing law and courts
This agreement is governed by the laws of Québec and the federal laws of Canada applicable there. Subject to section 1.3, any dispute falls under the courts of the judicial district of Rouyn-Noranda.
18.Language
This agreement is drafted in French. An English version is also provided; having been presented with the French version, you may choose to be bound by the English version. In case of discrepancy, the French version prevails.
19.Notices and contact
Notices to MD Automation are sent by email to support@mdautomation.ca or through the contact form at mdautomation.ca. Notices to you are sent to the email address given at purchase.