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SVG Imprint Development SDK

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