matterCast, End-User
Software License Agreement
THIS IS A CONTRACT. PLEASE READ THIS CONTRACT CAREFULLY. BY INSTALLING
MATTERCASTDEVELOPED 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 by a single Developer
The Software Development Kit may be used only by a single developer.
Additional licenses must be purchased
for additional developers.
3. For use only for development purposes
The SDK may be used only for development purposes. A separate production license
is required to deploy any application built using the SVG Imprint SDK.
4. Use ofSVG only in development
environment
The SVG produced by the SDK may not be used outside of the development
environment except for demonstration purposes. The watermark ‘Development
Edition’ must be retained in the generated SVG pages.
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. Transfer of License.
You may not transfer your license of the Software to a third party.
7. 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.
8. 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. MATTERCASTIS
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 contactmatterCast
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