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You must read the license agreement before installing IsoView WebCGM.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE. By using this software you agree to be bound by the terms of this end user license agreement. If you do not accept the terms of this agreement, you may not install or use this software.
- Definitions.
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) ITEDO or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by ITEDO (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by ITEDO. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "ITEDO" means ITEDO Software LLC, 111 Anza Boulevard, Burlingame, California 94010, if subsection 14(a) of this Agreement applies; otherwise it means ITEDO Software GmbH, Sanddornweg 10-12, 53773 Hennef, Germany.
- Software License. Subject to the terms and conditions of this End User License Agreement (this "Agreement"), ITEDO grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
- No Modification. The Software is licensed and distributed by ITEDO for viewing, distributing and sharing WebCGM files. You may not
(a) create a new installer for the Software (b) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; (c) copy the Software other than as specified in this Agreement; (d) rent, lease, grant a security interest in, or otherwise transfer rights to the Software except as permitted by this Agreement; (e) remove any proprietary notices or labels on the Software; or (f) disclose the results of any tests or benchmarks that you perform on the Software without the prior written consent of ITEDO.
- Redistribution Rights
(a) Internal Network Distribution. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto computers within your internal network. If you install the Software on a computer file server in accordance with the foregoing, such installed Software must be the version of the Software currently available at www.ITEDO.com. (b) Other Distribution. Subject to the limitations set forth below, you may reproduce and distribute unlimited copies of the Software in unmodified object code form only in conjunction with and as part of a software application which adds significant and primary content and functionality (i) through electronic means (including, without limitation, electronic software download) (ii) on tangible media and (iii) on a standalone basis solely on tangible media (c) Limitations. For the purpose of directing end users to obtain the Software through electronic means on a standalone basis (other than over an internal network), you must link to the official ITEDO web site. Permission to use ITEDO logo web-buttons may be obtained at ITEDO. Any software distributed with the Software and any web site containing a link to an ITEDO web site must not contain any (i) ITEDO logos, product signatures, or trademarks in stylized form unless under separate prior written license (ii) materials that are illegal, pornographic, defamatory, infringing, threatening, invasive of another's privacy, or racially, ethnically or otherwise objectionable or (iii) viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines with which you intend to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree to distribute the Software without modification, including, without limitation, removal of the installer program, Electronic End User License Agreement, About Screen or any copyright or other proprietary notice that appears in the Software. (d) New Versions. If ITEDO notifies you that a new version of the Software is available, you will cease all reproduction and distribution (other than over an internal network) of all prior versions of the Software upon the earlier of (i) the next release of any software you bundle with the Software or (ii) the first anniversary of the date of such notice.
- Intellectual Property Rights. The Software and any copies that you are authorized by ITEDO to make are the intellectual property of and are owned by ITEDO Software and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ITEDO Software and its suppliers. The Software is protected by copyright laws and treaties and applicable laws in the country in which it is being used.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted herein are reserved by ITEDO.
- Transfer. You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the transferee accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.
- Term. This Agreement is effective until terminated. ITEDO has the right to terminate this Agreement immediately if you fail to comply with any term of this Agreement. Upon any such termination, you must cease all Use, reproduction and distribution of the Software and destroy all copies of the Software, with certification of such destruction.
- Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
- NO WARRANTY. The Software is being delivered to you on an "AS IS" basis without warranty of any kind, express or implied. ITEDO makes no warranty as to its use or performance. ITEDO AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. ITEDO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF ITEDO HAS BEEN INFORMED OF SUCH PURPOSE, AS WELL AS ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SOFTWARE. ITEDO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OR REULTS THAT MAY BE OBTAINED BY USING THE SOFTWARE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ITEDO OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST PROFITS, LOSS OF BUSINESS, REVENUE, USE, DATA OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ITEDO HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT WILL ITEDO OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF THE LICENSE FEE YOU PAID FOR THE SOFTWARE, EVEN IF ITEDO SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- High Risk Activities.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Company and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
- Indemnification. You agree to indemnify, hold harmless and defend ITEDO from and against any claims, lawsuits and costs, including attorneys' fees, that arise or result from your Use, reproduction or distribution of the Software; provided, however, that your indemnification obligation will not apply to claims or lawsuits arising out of a claim that the Software by itself infringes any third party patent, copyright, trademark or other intellectual property right. ITEDO will give you prompt written notice of any claim or lawsuit to which your indemnification obligation applies and cooperate with you, at your expense, in defending or settling such claim or lawsuit.
- General Provisions. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any part of this Agreement is determined by a court of applicable jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be modified or deleted in such a manner so as to make the Agreement as modified valid, legal and enforceable, and the remainder of this Agreement shall not be affected thereby. This Agreement may only be modified by a writing signed by an authorized officer of ITEDO. Updates may be licensed to you by ITEDO with additional or different terms. This is the entire agreement between ITEDO and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
- Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, Australia, New Zealand, Mexico, Central or South America; or (b) Germany, if a license to the Software is purchased when you are in any other jurisdiction not described above, in each case without regard to their conflict of laws rules. The respective courts of Burlingame, California when California law applies and the courts of Siegburg, Germany, when the law of Germany applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by or on behalf of the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to the Company's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is ITEDO Software LLC, 111 Anza Boulevard, Burlingame, California 94010.
- Compliance with Licenses. If you are a business or organization, you agree that upon request from ITEDO or ITEDO's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from ITEDO.
- Notice. All requests and notices given under this Agreement will be in writing and will be by personal delivery, facsimile transmission, or by certified or registered mail, return receipt requested (or in the case of notices from ITEDO to you, by e-mail) and will be deemed given upon personal delivery, five (5) days after deposit in the mail, or upon acknowledgment of delivery of electronic transmission. Notices from you to ITEDO will be sent to the following address: ITEDO Software LLC, 111 Anza Boulevard, Burlingame, California 94010, if subsection 14(a) of this Agreement applies; otherwise to ITEDO Software GmbH, Sanddornweg 10-12, 53773 Hennef, Germany. Notices from ITEDO to you will be sent to the address you provide to ITEDO with this Agreement.
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