End user agreement for MagicTracer [raster to vector converter]
Elgorithms Software License Agreement for MagicTracer
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ELGORITHMS SOFTWARE. BY USING THE ELGORITHMS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF THE ELGORITHMS SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
The software and documentation accompanying this License whether on disk, on any other media or in any other form (collectively the "Elgorithms Software") are licensed, not sold, to you by Elgorithms for use only under the terms of this License, and Elgorithms reserves all rights not expressly granted to you. The rights granted herein are limited to Elgorithms's and its licensors' intellectual property rights in the Elgorithms Software and do not include any other patents or intellectual property rights. You own the media on which the Elgorithms Software is recorded but Elgorithms and/or Elgorithms's licensor(s) retain ownership of the Elgorithms Software itself. The terms of this License will govern any software upgrades provided by Elgorithms that replace and/or supplement the original Elgorithms Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions:
This License allows you to install and use the Elgorithms Software. You may not make the Elgorithms Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Elgorithms Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Elgorithms Software or any part thereof.
You may not rent, lease, lend or sublicense the Elgorithms Software. You may, however, make a one-time permanent transfer of all of your license rights to the Elgorithms Software to another party, provided that: (a) the transfer must include all of the Elgorithms Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Elgorithms Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Elgorithms Software reads and agrees to accept the terms and conditions of this License.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Elgorithms if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Elgorithms Software and destroy all copies, full or partial, of the Elgorithms Software.
5. Limited Warranty on Media:
Elgorithms warrants the media on which the Elgorithms Software is recorded and delivered by Elgorithms to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Elgorithms's option, a refund of the purchase price of the product containing the Elgorithms Software or replacement of the Elgorithms Software which is returned to Elgorithms or an Elgorithms authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ELGORITHMS SOFTWARE (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ELGORITHMS SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ELGORITHMS'S LICENSORS (COLLECTIVELY REFERRED TO AS "ELGORITHMS" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ELGORITHMS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ELGORITHMS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ELGORITHMS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE ELGORITHMS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ELGORITHMS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ELGORITHMS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ELGORITHMS OR AN ELGORITHMS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ELGORITHMS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ELGORITHMS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ELGORITHMS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ELGORITHMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Elgorithms's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one dollars ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Control:
You may not use or otherwise export or reexport the Elgorithms Software except as authorized by United States law and the laws of the jurisdiction in which the Elgorithms Software was obtained. In particular, but without limitation, the Elgorithms Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Elgorithms Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
9. Government End Users:
The Elgorithms Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. Ã�ï¿½Ã¯Â¿Â½Ã�Â¯Ã�Â¿Ã�Â½Ã�ï¿½Ã¯Â¿Â½Ã�ï¿½Ã�Â§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. Ã�ï¿½Ã¯Â¿Â½Ã�Â¯Ã�Â¿Ã�Â½Ã�ï¿½Ã¯Â¿Â½Ã�ï¿½Ã�Â§12.212 or 48 C.F.R. Ã�ï¿½Ã¯Â¿Â½Ã�Â¯Ã�Â¿Ã�Â½Ã�ï¿½Ã¯Â¿Â½Ã�ï¿½Ã�Â§227.7202, as applicable. Consistent with 48 C.F.R. Ã�ï¿½Ã¯Â¿Â½Ã�Â¯Ã�Â¿Ã�Â½Ã�ï¿½Ã¯Â¿Â½Ã�ï¿½Ã�Â§12.212 or 48 C.F.R. Ã�ï¿½Ã¯Â¿Â½Ã�Â¯Ã�Â¿Ã�Â½Ã�ï¿½Ã¯Â¿Â½Ã�ï¿½Ã�Â§227.7202-1through 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.
10. Third Party Software Terms and Conditions: