Copyright
Copyright © 2018-2026 Intergraph Corporation and/or its affiliates. All rights reserved.
This computer program, including software, icons, graphic symbols, documentation, file formats, and audio-visual displays; may be used only as pursuant to applicable software license agreement; contains confidential and proprietary information of Intergraph Corporation, their affiliates, and/or third parties which is protected by patent, trademark, copyright law, trade secret law, and international treaty, and may not be provided or otherwise made available without proper authorization from Intergraph Corporation and/or its subsidiaries and affiliates.
U.S. Government Restricted Rights Legend
Use, duplication, or disclosure by the government is subject to restrictions as set forth below.
The Software Products and Documentation constitute "Commercial Computer Software" and "Commercial Computer Software Documentation", respectively, as defined in Federal Acquisition Regulation ("FAR") 2.101.
The Software Products and Documentation are provided to the U.S. Government solely as commercial items in accordance with FAR 12.212 (for civilian agencies) and Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202-1 through 227.7202-4 (for Department of Defense agencies), and their respective successor provisions. Accordingly, the U.S. Government acquires the Services and Documentation with only those rights set forth in this Agreement, which are the same rights customarily provided to non-government commercial customers. Any use, reproduction, release, performance, display, or disclosure of the Services or Documentation by the U.S. Government shall be governed solely by the terms and conditions of this Agreement.
To the extent that FAR 12.212 or DFARS 227.7202 are determined by a court of competent jurisdiction, a Board of Contract Appeals, the Comptroller General, or the relevant Contracting Officer to be inapplicable to a particular procurement, then: (a) for civilian agencies subject to FAR Part 12, the Government's rights in the Services and Documentation shall be as set forth in 48 C.F.R. 52.227-19 (Commercial Computer Software License), or any successor provision; and (b) for Department of Defense agencies, the Government's rights in the Services and Documentation shall be as set forth in DFARS 252.227-7014 (Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation), and in technical data, if any, as set forth in DFARS 252.227-7013 (Rights in Technical Data—Noncommercial Items), each as applicable, or any successor provision.
To the extent the Software Products are delivered as cloud-based, hosted, or Software-as-a-Service (SaaS) offerings to U.S. Government customers, such delivery model does not alter the commercial nature of the underlying software or expand the Government's rights therein. Any additional security, data handling, incident reporting, or access obligations applicable to cloud service delivery shall be addressed in a separate quote, addendum, or applicable government-specific terms, and shall not be deemed to modify the rights limitations set forth in this Section.
All Software Products and Documentation are developed exclusively at private expense and are proprietary to Licensor. The Software Products and Documentation contain trade secrets and confidential information and are protected by United States copyright law and international treaty provisions.
The Software Products and Documentation are proprietary of Licensor and are protected by United States copyright law and international treaty provisions. No rights are granted to the U.S. Government except as expressly set forth in this Agreement, and no additional rights shall arise by implication, estoppel, or otherwise. The intent of the parties is that no intellectual property rights or confidentiality of the Services and Documentation are lost, diminished, or transferred as a result of the execution of this Agreement.
Documentation
Documentation shall mean, whether in electronic or printed form, User's Guides, Installation Guides, Reference Guides, Administrator's Guides, Customization Guides, Programmer's Guides, Configuration Guides and Help Guides delivered with a particular software product.
Other Documentation
Other Documentation shall mean, whether in electronic or printed form and delivered with software or on Octave Community, SharePoint, box.net, or the Octave Docs web site, any documentation related to work processes, workflows, and best practices that is provided by Octave as guidance for using a software product.
Terms of Use
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Use of a software product and Documentation is subject to the Software License Agreement ("SLA") delivered with the software product unless the Licensee has a valid signed license for this software product with Intergraph Corporation ("Octave"). If the Licensee has a valid signed license for this software product with Octave, the valid signed license shall take precedence and govern the use of this software product and Documentation. Subject to the terms contained within the applicable license agreement, Octave gives Licensee permission to print a reasonable number of copies of the Documentation as defined in the applicable license agreement and delivered with the software product for Licensee's internal, non-commercial use.
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The Documentation may not be printed for resale or redistribution.
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For use of Documentation or Other Documentation where end user does not receive a SLA or does not have a valid license agreement with Octave, Octave grants the Licensee a non-exclusive license to use the Documentation or Other Documentation for Licensee’s internal non-commercial use. Octave gives Licensee permission to print a reasonable number of copies of Other Documentation for Licensee’s internal, non-commercial use. The Other Documentation may not be printed for resale or redistribution. This license contained in this subsection c) may be terminated at any time and for any reason by Octave by giving written notice to Licensee.
Disclaimer of Warranties
Except for any express warranties as may be stated in the SLA or separate license or separate terms and conditions, Octave disclaims any and all express or implied warranties including, but not limited to the implied warranties of merchantability and fitness for a particular purpose and nothing stated in, or implied by, this document or its contents shall be considered or deemed a modification or amendment of such disclaimer. Octave believes the information in this publication is accurate as of its publication date.
The information and the software discussed in this document are subject to change without notice and are subject to applicable technical product descriptions. Octave is not responsible for any error that may appear in this document.
The software, Documentation and Other Documentation discussed in this document are furnished under a license and may be used or copied only in accordance with the terms of this license. THE USER OF THE SOFTWARE IS EXPECTED TO MAKE THE FINAL EVALUATION AS TO THE USEFULNESS OF THE SOFTWARE IN HIS OWN ENVIRONMENT.
Octave is not responsible for the accuracy of delivered data including, but not limited to, catalog, reference and symbol data. Users should verify for themselves that the data is accurate and suitable for their project work.
Limitation of Damages
IN NO EVENT WILL OCTAVE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, OR CLAIMS OF THIRD PARTIES, EVEN IF OCTAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL OCTAVE'S AND ITS AFFILIATES AGGREGATE LIABILITY EXCEED THE AMOUNT THAT OCTAVE HAS BEEN PAID BY LICENSEE UNDER THIS AGREEMENT AT THE TIME THE CLAIM IS MADE. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS DOCUMENT MAY BE BROUGHT BY LICENSEE MORE THAN TWO (2) YEARS AFTER THE EVENT GIVING RISE TO THE CAUSE OF ACTION HAS OCCURRED.
IF UNDER THE LAW RULED APPLICABLE ANY PART OF THIS SECTION IS INVALID, THEN OCTAVE LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY SAID LAW.
Export Controls
Products delivered hereunder, including any technology related to products ("Technology"), ARE subject to the export control laws and regulations of the United States. Upon request, Octave will confirm which Products or Technology is subject to the export control laws and regulations of the United States. Such Products, Technology, any items produced using such Products or Technology and derivatives of either (collectively “Subject Items”) shall not be exported, reexported or transferred (in-country), directly or indirectly (including via remote access) to the extent prohibited by applicable export control laws of the United States.
Octave will not support without a license from the applicable regulatory body, nor will it tolerate the same from its customers, any exports, reexports or transfers (in-country) or end use of Subject Items:
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in connection with any corrupt business activities, including bribery or extortion;
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in support, directly or indirectly, of terrorist activities, financing terrorist activities or money laundering;
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for end-use in territories where there is a high risk of the activities described in points (a) and (b) or is otherwise embargoed under U.S. law, which currently includes Cuba, Iran, North Korea, Russia, Belarus, and all the non-government controlled areas of Ukraine, which currently includes Crimea, Sevastopol, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions;
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for end use related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or un-safeguarded or sensitive nuclear uses;
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for any end-user targeted by sanctions of the United Nations Security Council, United States or European Union to the extent such sanctions are applicable to Octave or any of its affiliated entities in the Octave Group; or
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in any manner that would expose Octave or any of its affiliated entities in the Octave Group Companies to possible violations of applicable law, including US laws.
Octave is excused from performance and may suspend or terminate any applicable contract or agreement with the immediate effect if Octave determines that an export, reexport or transfer (in-country) of Subject Items would involve Octave supporting any of the above-described activities or determines that it has inadvertently supported such activities without being informed that the export, reexport or transfer (in-country) of Subject Items was in support of such activities.
Any questions regarding export or re-export of the Subject Items should be addressed to Octave’s Export Compliance Department, 305 Intergraph Way, Madison, Alabama 35758, USA.
Octave shall not support, give effect to or comply with any boycott with which U.S. persons may not comply, including but not limited to the Arab League boycott of Israel.
Trademarks
All Octave software trademarks are owned by Intergraph Corporation and its affiliates. All third party trademarks are owned by the respective third party. Microsoft and Windows are registered trademarks of Microsoft Corporation. Other brands and product names are trademarks of their respective owners.