matterCast, End-User
Software License Agreement
THIS IS A CONTRACT. PLEASE READ
THIS CONTRACT CAREFULLY. BY INSTALLING MATTERCAST DEVELOPED SOFTWARE, YOU ARE
AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT DOWNLOAD THE
SOFTWARE.
This is a legal agreement
between you and matterCast, Inc. This Agreement states the terms and
conditions upon which matterCast offers to license the software
installed from this distribution together with all related
documentation and accompanying items including, but not limited to,
the executable programs, drivers, libraries, databases and data
files associated with such programs (collectively, the
"Software").
LICENSE
1. Grant of
License.
The Software is licensed, not
sold, to you for use only under the terms of this Agreement. This
License Agreement is your proof of license to exercise the rights
granted herein and must be retained by you. As between you and
matterCast (and, to the extent applicable, its licensers),
matterCast retains all title to and ownership of the Software and
reserves all rights not expressly granted to you. matterCast grants
to you the right to use all or a portion of this Software provided
that (a) the Software
may NOT be modified; (b) all copyright notices are maintained on the
Software; and (c) the licensee/end user agrees to be bound by the
terms of this Agreement.
2. For Use on a Single
Computer.
The Software may be used only on
a single computer by a single user at any time. You may transfer the
machine-readable portion of the Software from one computer to
another computer, provided that (a) the Software (including any
portion or copy thereof) is erased from the first computer, and (b)
there is no possibility that the Software will be used on more than
one computer at a time.
3. For use for a single
Client
If you are a service provider,
this license grants you permission to use this software only for one
customer. If you use this software to provide conversion services to
more than one customer, you must purchase additional licenses for
each additional customer. This license however may be used to perform sample conversions for new clients,
provided it is only for the purpose of attaining new business and not for the
purpose of providing a service.
Please contact sales@mattercast.com for
information on additional licenses for SVG Imprint Batch.
4. Stand-alone
Basis.
You may use the Software only on
a stand-alone basis, such that the Software and the functions it
provides are accessible only to persons who are physically present
at the location of the computer on which the Software is loaded. You
may not allow the Software or its functions to be accessed remotely,
or transmit all or any portion of the Software through any network
or communication line.
5. Copyright.
The Software and any copies that
you make are owned by matterCast and are the valuable trade secrets
of matterCast, Inc. The Software is also protected by United States
Copyright Law and International Treaty provisions. You may not
remove the copyright notice from any copy of the Software or any
copy of the written materials, if any, accompanying the
Software.
6. No Merger or
Integration.
You may not merge any portion of
the Software into, or integrate any portion of the Software with,
any other program, except to the extent expressly permitted by the
laws of the jurisdiction where you are located. Any portion of the
Software merged into or integrated with another program, if any,
will continue to be subject to the terms and conditions of this
Agreement, and you must reproduce on the merged or integrated
portion all copyright and other proprietary rights notices included
on the originals of the Software.
7. Transfer of
License.
You may not transfer your
license of the Software to a third party.
8. Limitations on Using, Copying, and
Modifying the Software.
Except to the extent expressly
permitted by this Agreement or by the laws of the jurisdiction where
you acquired the Software, you may not use, copy or modify the
Software. Nor may you sub-license any of your rights under this
Agreement.
9. Decompiling, Disassembling, or Reverse
Engineering.
You acknowledge that the
Software contains trade secrets and other proprietary information of
matterCast and its licensers. Except to the extent expressly
permitted by this Agreement or by the laws of the jurisdiction where
you are located, you may not decompile, disassemble or otherwise
reverse engineer the Software, or engage in any other activities to
obtain underlying information that is not visible to the user in
connection with normal use of the Software. In particular, you agree
not for any purpose to transmit the Software or display the
Software's object code on any computer screen or to make any hard
copy memory dumps of the Software's object code. If you believe you
require information related to the interoperability of the Software
with other programs, you shall not decompile or disassemble the
Software to obtain such information, and you agree to request such
information from matterCast at the address listed below. Upon
receiving such a request, matterCast shall determine whether you
require such information for a legitimate purpose and, if so,
matterCast will provide such information to you within a reasonable
time and on reasonable conditions. In any event, you will notify
matterCast of any information derived from reverse engineering or
such other activities, and the results thereof will constitute the
confidential information of matterCast that may be used only in
connection with the Software.
TERMINATION OF
LICENSE
The license granted to you is
effective until terminated. You may terminate it at any time by
destroying the Software (including any portions or copies thereof)
currently in your possession or control. The license will also
terminate automatically without any notice from matterCast if you
fail to comply with any term or condition of this Agreement. You
agree upon any such termination to destroy the Software (including
any portions or copies thereof). Upon termination, matterCast may
also enforce any and all rights provided by law. The provisions of
this Agreement that protect the proprietary rights of matterCast
will continue in force after termination.
NO
WARRANTY
ANY USE BY YOU OF THE SOFTWARE
IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE "AS IS"
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, MATTERCAST DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MATTERCAST IS NOT
OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO THE
SOFTWARE.
No distributor, dealer or any
other entity or person is authorized to expand or alter this
warranty or any other provisions of this Agreement. matterCast does
not warrant that the functions contained in the Software will meet
your requirements or that the operation of the Software will be
uninterrupted or error-free. Any representation, other than the
warranties set forth in this Agreement, will not bind matterCast.
You assume full responsibility for the selection of the Software to
achieve your intended results, and for the downloading, use and
results obtained from the Software. You also assume the entire risk
as it applies to the quality and performance of the Software. Should
the Software prove defective, you (and not matterCast, or its
distributors or dealers) assume the entire cost of all necessary
servicing, repair or correction. This warranty gives you specific
legal rights, and you may also have other rights which vary from
country/state to country/state. Some countries/states do not allow
the exclusion of implied warranties, so the above exclusion may not
apply to you. matterCast disclaims all warranties of any kind if the
Software was customized, repackaged or altered in any way by any
third party other than matterCast.
NO LIABILITY
FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL
DAMAGES
In no event shall matterCast or
its Licensor's be liable for any damages whatsoever (including,
without limitation, incidental, direct, indirect, special or
consequential damages, damages for loss of
business profits, business
interruption, loss of business information, or other pecuniary loss)
arising out of the use or inability to use this Software, even if
matterCast or its Licensor's have been advised of the possibility of
such damages. Because some states/ countries do not allow the
exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
INDEMNIFICATION BY
YOU
If you distribute the Software
in violation of this Agreement, you hereby indemnify, hold harmless
and defend matterCast from and against any and all claims or
lawsuits, including attorney's fees and costs that arise, result
from or are connected with the use or distribution of the Software
in violation of this Agreement.
U.S.
GOVERNMENT RESTRICTED RIGHTS
Notice to U.S. Government End
Users. The Software and Documentation are "Commercial Items," as
that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation,"
as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§§227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are
being licensed to U.S. Government end users (A) only as Commercial
Items and (B) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United
States. matterCast, Inc., 8228 Lake Bluff Court, Columbus, OH
43235.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for
the Software is:
matterCast
Incorporated
Columbus OH
GENERAL
This Agreement is binding on you
as well as your employees, employers, contractors and agents, and on
any successors and assignees. Neither the Software nor any
information derived therefrom may be exported except in accordance
with the laws of the U.S. or other applicable provisions. This
Agreement is governed by the laws of the State of Ohio (except to
the extent federal law governs copyrights and federally registered
trademarks). This Agreement is the entire agreement between us and
you agree that matterCast will not have any liability for any untrue
statement or representation made by its, its agents or anyone else
(whether innocently or negligently) upon which you relied upon
entering this Agreement, unless such untrue statement or
representation was made fraudulently. This Agreement supersedes any
other understandings or agreements, including, but not limited to,
advertising, with respect to the Software. If any provision of this
Agreement is deemed invalid or unenforceable by any country or
government agency having jurisdiction, that particular provision
will be deemed modified to the extent necessary to make the
provision valid and enforceable, and the remaining provisions will
remain in full force and effect.
For questions concerning this
Agreement, please contact matterCast at the address stated above.
For questions on product or technical matters, contact the
matterCast technical support.
SPECIAL
PROVISIONS APPLICABLE TO THE EUROPEAN UNION
If you installed the Software in
the European Union (EU), the following provisions also apply to you.
If there is any inconsistency between the terms of the Software
License Agreement set out above and the following provisions, the
following provisions shall take precedence.
Decompilation:
You agree not for any purpose to
transmit the Software or display the Software's object code on any
computer screen or to make any hard copy memory dumps of the
Software's object code. If you believe you require information
related to the interoperability of the Software with other programs,
you shall not decompile or disassemble the Software to obtain such
information, and you agree to request such information from
matterCast at the address listed above. Upon receiving such a
request, matterCast shall determine whether you require such
information for a legitimate purpose and, if so, matterCast will
provide such information to you within a reasonable time and on
reasonable conditions.
Limited
Warranty:
EXCEPT AS STATED ABOVE IN THIS
AGREEMENT, AND AS PROVIDED BELOW UNDER THE HEADING "STATUTORY
RIGHTS", THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE
Limitation of Remedy and
Damages:
THE LIMITATIONS OF REMEDIES AND
DAMAGES IN THE SOFTWARE LICENSE AGREEMENT SHALL NOT APPLY TO
PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY
MATTERCAST’S NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT
BELOW UNDER THE HEADING "STATUTORY RIGHTS".
Statutory
rights:
U.S. law provides that certain
conditions and warranties may be implied in contracts for the sale
of goods and in contracts for the supply of services. Such
conditions and warranties are hereby excluded, to the extent such
exclusion, in the context of this transaction, is lawful under
U.S.law. Conversely, such conditions and warranties, insofar as they
may not be lawfully excluded, shall apply.
General:
This Agreement is governed by
the laws of the United States and the State of Ohio. The local
language version of this agreement shall apply to Software
downloaded at any worldwide location. If local laws prevent your
accepting this license, then this product should be returned if
purchased, or destroyed if a demonstration copy. This Agreement is
the entire agreement between us and you agree that matterCast will
not have any liability for any untrue statement or representation
made by it, its agents or anyone else (whether innocently or
negligently) upon which you relied upon entering this Agreement,
unless such untrue statement or representation was made
fraudulently.
Should you have any questions
concerning this Agreement, Or if you desire to contact matterCast
for any reason, please contact
matterCast at the location below.
Contact:
matterCast , Inc. Technical
Support
8228 Lake Bluff
court
Columbus, OH 43235
Homepage: http://www.matterCast.com
Email: support@mattercast.com
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