When you install Imatest, you agree to the terms of the Imatest license, also known as the End User Licence Agreement. Most of it is standard boilerplate material. The key points of interest are highlighted in red, below.
When you install any product from Imatest (“Software”), you agree to be bound and to comply with all terms of the following Imatest license, further referred to herein as the Imatest End User License Agreement (“EULA”). This EULA covers Imatest Studio, Imatest Master , and Gamutvision.
1. IMATEST END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE USING THE SOFTWARE. IMATEST LLC (REFERENCED BELOW AS "THE LICENSOR" OR "US") AGREES TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY, OR LEGAL ENTITY (REFERENCED BELOW AS "YOU OR YOUR") THAT WILL BE UTILIZING THE SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS EULA. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND IMATEST. BY OPENING THIS PACKAGE, BREAKING THE SEAL, LOADING THE SOFTWARE, CLICKING ON THE "I AGREE" BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "CANCEL" BUTTON, OR OTHERWISE INDICATE REFUSAL. SHOULD YOU DO SO, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
IMATEST LLC licenses the use of the programs in this Software package to you in accordance with this EULA. You assume responsibility for the installation, use, and results obtained from the Software.
2. FREE EVALUATION PERIOD
You have up to 20 runs ("Evaluation Period") of individual modules (for Imatest Studio and Imatest Master ) or 20 ICC profile analyses (for Gamutvision) after you start using the Software to determine whether it meets your needs and performs to your satisfaction. After the Evaluation Period ends you agree to either purchase the Software or discontinue using the Software. This "try before you buy" approach is intended to guarantee that the Software will perform to your satisfaction; therefore, you understand and agree that refunds will not be given for any purchase of the Software. ONCE MADE, ALL PURCHASES OF SOFTWARE ARE FINAL AND NON-REFUNDABLE.
3. LICENSE
A. YOU UNDERSTAND AND AGREE THAT YOU MAY:
(1) Install and use the Software on a single workstation used non-simultaneously by one or more people. This is not a concurrent use license;
(2) Copy the Software into any machine-readable form for backup purposes only. This is the only reason this Software may be copied or duplicated for any reason whatsoever by You;
(3) Publish the results of running the software, provided you include a clear reference to Imatest and its website, www.imatest.com, in close proximity to the test results. Webs pages must include a link to www.imatest.com. An example of a simple HTML link is, "These are the results of running Imatest: www.imatest.com." For further information regarding the Imatest name and trademarked information, please contact Imatest directly.B. YOU UNDERSTAND AND AGREE THAT YOU MAY NOT AND WILL NOT:
(1) Rent, lease or loan any copy of the Software to any other person or entity;
(2) Use the Software on more than one computer at a time;
(3) Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software;
(4) Disable any licensing or control features of the Software, except as an intended part of the Software's programming features;
(5) Use Imatest Studio to support the work efforts of any company having more than 1 employee, either in an employment capacity, or through an independent contractor agreement.
(6) Use Imatest Master SC to support the work efforts of any company having more than 6 employees, either in an employment capacity, or through an independent contractor agreement.
(7) Use the Software, any Imatest product name(s), corporate name, test results, or other copyrighted material in a way that would indicate Imatest sponsorship, affiliation, or endorsement of Your product, unless You have explicit written permission from Imatest;
(8) Use, copy, modify, or transfer the Software or any copy, in whole or in part, except as expressly provided for in this EULA. IF YOU TRANSFER POSSESSION OF ANY COPY OF THE SOFTWARE TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
(5) Use the Software, any Imatest product name(s), corporate name, test results, or other copyrighted material in a way that would indicate Imatest sponsorship, affiliation, or endorsement of Your product, unless You have explicit written permission from Imatest;
(6) Use, copy, modify, or transfer the Software or any copy, in whole or in part, except as expressly provided for in this EULA. IF YOU TRANSFER POSSESSION OF ANY COPY OF THE SOFTWARE TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.4. LICENSE FOR UPDATES
Purchase of Software entitles you to royalty-free updates, available for download, for one year from the date of purchase. Updates must be used in the same installation(s) as the original licensed version. All updates to the Software shall be governed by the current version of this EULA at the time of your download the update. Payment of the License Fee shall not entitle you to major upgrades (for example, from 1.x to 2.x) and require the purchase of new Software from Imatest pursuant to its then current pricing and conditions.
5. TECHNICAL SUPPORT
Technical support is not provided for the Software. Most common issues can be addressed by the user-to-user support forums available at http://forums.imatest.com/. More detailed support is available on a time and materials basis from Imatest. Please contact Imatest directly for details.
6. TERM
The license is effective until terminated. You may terminate it at any other time by destroying the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this EULA or if You fail to comply with any term or condition of this EULA. You agree upon such termination to destroy the Software together with all copies, modifications and merged portions in any form.
7. NO WARRANTY
The Software is being delivered to you "AS IS" and Licensor and its affiliates make no warranty as to its use or performance. LICENSOR AND ITS AFFILIATES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
8. LIMITATIONS OF REMEDIES; INDEMNIFICATION
A. Imatest's entire liability and Your exclusive remedy for any claim against Imatest shall be the replacement of any disk not meeting Imatest's "Limited Warranty" or, at Imatest's sole option and in Imatest’s sole and absolute discretion, the refund of the purchase price. In order to obtain this remedy, you must return the defective disk (if any) to Imatest with a copy of your receipt, with an explanation as to why a refund is desired. Imatest will then make a decision to the validity of Your request.
B. TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, IN NO EVENT WILL IMATEST, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE SUCH SOFTWARE, EVEN IF IMATEST LLC OR ANY IMATEST REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
C. You agree to indemnify and hold the Licensor, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of the Software, or the infringement by you, of any intellectual property or other right of any person or entity. In the event of any liability on the part of Licensor based upon your gross negligence or purposeful breach of this EULA, You agree to pay to Licensor any and all amounts incurred by Licensor from said action.
9. U.S. GOVERNMENT RESTRICTED RIGHTS
The programs and documentation sold with the programs are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 and in paragraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 C.F.R. Section 252.227-7013.
Contractor/manufacturer is IMATEST, www.imatest.com, 4001 Discovery Dr., Suite #270, Boulder, CO 80303, USA.10. EXPORT RESTRICTIONS
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the laws of the United States 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 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.
11. GENERAL
This Agreement will be governed by the laws of the state of Colorado.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN IMATEST LLC AND YOU WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN IMATEST LLC AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.For further information, please contact us at licensing@imatest.com.
