End user agreement for Infima Jpeg Optimization SDK
Infima Ultimate Compression Evaluation License. Infima Ultimate Compression Copyright 2006 by Infima Ultimate Compression All rights reserved.
This license applies to the evaluation version of Infima Ultimate Compression.
Infima Ultimate Compression License
Your Agreement to this License
This License only applies to the executable code for the English-language version of the Infima Ultimate Compression 1.0 software and any accompanying distributable files, data and materials ("Infima Ultimate Compression"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting Infima Ultimate Compression without registering your copy of Infima Ultimate Compression, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.myinfima.com for information about pricing, multi-user licensing, and registration options.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then don't use, install, copy, distribute, or transmit Infima Ultimate Compression.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by Infima Ultimate Compression Computing LP ("Infima Ultimate Compression Computing") to use for evaluation purposes only one (1) copy of Infima Ultimate Compression, on one (1) computer or workstation, without charge, for a period of 60 days after you first install Infima Ultimate Compression on any computer or workstation, during which period all the Infima Ultimate Compression software will be accessible. If you want to use this software after the 60-day evaluation period, you must acquire from Infima Ultimate Compression Computing for a fee a single-user license or multi-user license for Infima Ultimate Compression. Refer to www.myinfima.com for information about Standard and Pro license pricing, multi-user licensing, and ordering options. Use of Infima Ultimate Compression after the expiration of the 60-day evaluation period without acquiring such a license from Infima Ultimate Compression Computing is outside the scope of this License and a violation of U.S. and international copyright laws.
Subject to all of the terms of this License, you may, without making any payment to Infima Ultimate Compression Computing:
give exact copies of Infima Ultimate Compression personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
distribute exact copies of Infima Ultimate Compression for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
make as many exact copies of Infima Ultimate Compression as you wish, for purposes of distribution as described in (a) and (b) above.
For purposes of the foregoing, an "exact copy" of Infima Ultimate Compression means a file that is identical, at the time you create the copy, to the Infima Ultimate Compression distribution file available at http://www.myinfima.com.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Infima Ultimate Compression Computing. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of Infima Ultimate Compression.
Infima Ultimate Compression Computing reserves the right to revoke any or all distribution rights at any time, for any or no reason.
All rights of any kind in Infima Ultimate Compression which are not expressly granted in this License are entirely and exclusively reserved to and by Infima Ultimate Compression Computing. Infima Ultimate Compression is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Infima Ultimate Compression, in whole or in part, nor permit anyone else to do so. You may not make access to Infima Ultimate Compression available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of Infima Ultimate Compression.
Warranty Disclaimers and Liability Limitations
Infima Ultimate Compression, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Infima Ultimate Compression Computing nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Infima Ultimate Compression. Neither Infima Ultimate Compression Computing nor any of its affiliates or licensors warrant that the operation of Infima Ultimate Compression will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. Further, there is no warranty for the optional virus scanning feature. (Infima Ultimate Compression does not scan for viruses; it simply runs external programs that claim to perform this function.) You acknowledge that good data processing procedure dictates that any program, including Infima Ultimate Compression, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Infima Ultimate Compression covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, Infima Ultimate Compression Computing, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Infima Ultimate Compression. Any liability of Infima Ultimate Compression Computing, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Infima Ultimate Compression Computing. Except to the extent expressly prohibited by applicable statutes, in no event shall Infima Ultimate Compression Computing, or its princip
als, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Infima Ultimate Compression, or to your relationship with Infima Ultimate Compression Computing, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Infima Ultimate Compression Computing authorize you or anyone else to use Infima Ultimate Compression in applications or systems where Infima Ultimate Compression's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Infima Ultimate Compression Computing, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
Infima Ultimate Compression is provided with "Restricted Rights". Use, modification, duplication, release, performance, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software Restricted Rights clauses at 48 CFR 52.227-19, the provisions related to rights in data set forth in FAR 52.227-14, Alternate III(g)(3), and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3.
Infima Ultimate Compression is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license Infima Ultimate Compression. By accepting this License, you warrant and represent to Infima Ultimate Compression Computing that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re- export Infima Ultimate Compression to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
Immediately upon expiration of the 60-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of Infima Ultimate Compression and you shall within ten (10) days delete from your computer(s) all electronic copies of Infima Ultimate Compression, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect.
At your own expense, you shall indemnify, defend, and hold harmless Infima Ultimate Compression Computing, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of Infima Ultimate Compression other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.
Infima Ultimate Compression, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in Infima Ultimate Compression, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Infima Ultimate Compression Computing, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Infima Ultimate Compression Computing and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
This License shall be governed by the laws of the State of Connecticut, without regard to Connecticut choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Connecticut, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by Infima Ultimate Compression Computing herein.
Any waiver by Infima Ultimate Compression Computing of any violation of this License by you shall not constitute, nor contribute to, a waiver by Infima Ultimate Compression Computing of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Infima Ultimate Compression Computing or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available Infima Ultimate Compression Computing or any of its affiliates under this License, at law or in equity.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.