End user agreement for ADG Panorama Tools Pro
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE "AGREEMENT") FOR THE LICENSE OF SOFTWARE BY ALBATROSS DESIGN GROUP, OR ITS SUBSIDIARIES ("ADG"). BY CLICKING THE ACCEPTANCE BUTTON "YES" OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON "NO" THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS AND THE INSTALLATION PROCESS WILL NOT PROCEED
By downloading or using evaluation software of ADG or its from this site, including but not limited to "ADG PANORAMA TOOLS" (VERSION 5.0 OR ANY PREVIOUS OR SUBSEQUENT VERSIONS) you agree to the following terms and conditions. You may use this software for evaluation and non-commercial purposes only; otherwise you must either buy a commercial version of software from ADG or remove it from your computer and stop using it. If you do not agree with such terms and conditions do not download the software. The terms of any License Agreement accompanying any particular ADG software file upon installation or download of the software shall amend and add to the terms presented below, with the amended or added to terms superseding the terms below.
In consideration of the receipt of Software (hereinafter defined) from ADG, you agree to the following:
"Software'' as used herein shall mean the specific software product in object code form and the related documentation (being commonly known as "ADG PANORAMA TOOLS").
You acknowledge that the Software is proprietary to, copyrighted and trademarked by and a valuable trade secret of ADG and that any disclosure or unauthorized use thereof will cause irreparable harm and loss to ADG.
GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, ADG hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software solely for your internal evaluation purposes during the term of this Agreement. UNDER NO CIRCUMSTANCE SHALL YOU USE THIS SOFTWARE WITH ANY COMMERCIAL ADG KEY AND/OR OTHER SOFTWARE KEY AND/OR CODE OF ANY KIND RESULTING, AMONG OTHER THINGS, ALTERATION, MODIFICATION, REVERSE ENGINEERING OF THE DEMO VERSION ADG PANORAMA TOOLS OR ITS PANORAMIC VIEW OUTPUT FILE OR FILES, INCLUDING, BUT NOT LIMITED TO COPYRIGHTED SOFTWARE, PROPRIETARY NOTICES, AND IDENTIFYING INFORMATION; MOREOVER YOU MUST AND SHALL NOT GIVE ANYONE ELSE PERMISSION TO DO SO.
ADG and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that no title to the intellectual property in the Software is transferred to you, and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software and Documentation will contain the same proprietary notices, which appear on and in the Software and Documentation. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by ADG.
CONDITIONS OF ADG'S DISCLOSURE TO YOU
In consideration of ADG's disclosure of the Software to you, you shall treat the Software in confidence and shall observe the following additional obligations with respect thereto:
(a) you may use the Software, solely for evaluation purposes on your computer system, it being understood and agreed that under no circumstances such use shall be for productive or commercial purposes;
(b) you shall not reverse, compile or disassemble the Software or any portion thereof;
(c) you shall not copy, in whole or in part, the Software;
(d) you not disclose Software or any portion thereof outside of you or yourself;
(e) you may not distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.;
(f) you shall not rent, lease, loan or resell, sublicense, assign, distribute or create derivative works based upon the Software or any part thereof;
(g) you shall not transfer any of the rights granted to you under this Agreement;
(h) you shall not copy the Software or documentation except as expressly permitted in this Agreement;
(i) you shall not use the Software to reproduce copyrighted video recordings for any purpose, unless you have the express, written permission of the owners of those copyrights and a copy of that permission is filed with ADG;
(j) you shall not remove any proprietary notices or labels on the Software;
(k) you shall not disclose benchmark or any other test results or comparisons of this software without first obtaining the express written consent of ADG;
(k) you shall limit use of the Software, in accordance with the provisions of this Agreement, to those your employees, if any, who are performing the evaluation of the Software for you; and
(l) you shall return the Software to ADG and/or to erase all portions thereof from memory upon receipt of a request therefor from ADG.
(m) all rights not expressly set forth hereunder are reserved by ADG; and
(l) ADG reserves the right to periodically conduct audits to verify compliance with the terms of this Agreement.
YOU AGREE THAT ADG HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ADG DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL ADG BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SPECIFIC DISCLAIMER OF WARRANTY AND OF TECHNICAL SUPPORT
ADG makes no representations about the suitability of this Software or about any content or information made accessible by this Software, for any purpose. The Software is provided to you on an "as is" basis, without any technical support or warranty of any kind from ADG including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement
INFORMATION GIVING TO ADG BY YOU
Any and all information disclosed to ADG as a result of or related to this Agreement, including, but not limited to, any changes or suggested changes to the Software, shall be received and treated by ADG on a nonconfidential and unrestricted basis, any restrictive or proprietary legends you may alleged to the contrary notwithstanding.
ADG'S RESERVES ITS RIGHTS
In addition to all other rights and remedies available to ADG, ADG shall have the right to obtain specific performance of your obligations hereunder.
Except and to the extent expressly provided herein, no rights or licenses, expressed or implied, are hereby granted to you, as a result of or related to this Agreement, under any patents, copyrights, trade secrets, or other proprietary rights of ADG or to use the Software or any portion thereof.
The restrictions and obligations of this entire Agreement hereof shall survive the expiration, termination, or cancellation of this Agreement and shall continue to bind you, its successors, heirs, and assigns.