End user agreement for Aurigma Graphics Mill for .NET
Graphics Mill for .NET
Copyright (c) 2002-2009 Aurigma Inc
All Rights Reserved
ATTENTION: You should carefully read the terms and conditions of the License Agreement stated below. The use of each software product is controlled by a license. You must read and agree to the license terms before acquiring or using the product. Please review the license and acknowledge your acceptance of its terms before downloading any software products. If you cannot agree to the terms of the license do not download or use the software.
The terms and conditions of the License Agreement apply to Aurigma Graphics Mill for.Net program its add-ons, documentations, and any other accompanying files distributed with Graphics Mill for .NET (Software).
BY CLICKING THE ACCEPTANCE BUTTON OR DOWNLOADING THE SOFTWARE THE INDIVIDUAL OR ENTITY LICENSING THE SOFTWARE PRODUCT (THE LICENSEE) IS CONSENTING TO BE BOUND BY AND BECOMES A PARTY TO THE LICENSE AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE SHALL NOT DOWNLOAD OR USE THE SOFTWARE.
The terms and conditions of this License are accepted by downloading the software.
Downloading software means loading the software into random access memory (RAM), hard drive, or other storage device of that computer, as well as other cases described in this Agreement.
The license grants you the non-exclusive right to install Software Development Kit (SDK) and use it on up to two computers for development of your application. The software may only be in use on one computer at any given time and must be in use by the developer assigned to or associated with the license. The right to deploy the application which includes the Software is given with limitations as outlined in this agreement.
TERMS AND CONDITIONS
1. Evaluation License Terms. Under evaluation license terms, Licensee may use the Software without cost for 60 days. During this period Licensee may develop an application using the evaluation version of the Software, but Licensee shall not deploy this application. To deploy applications developed during the 60 days evaluation period, Licensee must purchase an SDK license. The evaluation period maybe extended at the sole discretion of Aurgima Inc.
To get an evaluation license, register an account at www.aurigma.com <http://www.aurigma.com> download the evaluation version and request license keys. Only one account of the evaluation version of the Software can be created. During this evaluation period, copies of the evaluation version of the Software can be copied and distributed.
You may not charge anyone for distributing the evaluation copy. The evaluation copy must be in its original untouched form. No part of the program or documentation may be changed.
2. Paid SDK License Terms. The purchase of one SDK license permits the developer assigned to or associated with that license to use the Software to develop an application. A separate SDK license is required for each developer who needs to compile the application with the Software.
The license is not transferable between developers unless the developer assigned to or associated with the license leaves the project. If such developer returns to the project, an additional license must be purchased.
The purchase of each SDK License allows installation on up to two computers for the developer assigned to or associated with the license. An example would be the developer's workstation and laptop.
The application which uses the Software should not expose functionality of the Software through application programming interface (API) to users who did not purchase separate licenses. You also cannot create programming libraries in any form (including but not limited to DLL, COM/ActiveX, .NET components) which wrap the Software or expose its API to third-party developers. If it is necessary to implement such library a special custom license is required.
3. Deployment License Conditions
o Desktop application distribution terms. A "Desktop" is defined as an end-user personal computer (PC) that may have installed some application which utilizes the Software directly or indirectly. This computer is used primarily by a single person. Desktop is not a server (where multiple users access it through the network) nor a kiosk (where multiple users access the computer itself).
"Desktop Application" is an application built using the Software which is intended to be deployed on Desktops only. Any system or a part of a system which is deployed on both a Desktops and Servers it is not a Desktop Application. Software that is distributed in a bundled form with some specific hardware, it is not a Desktop Application.
A SDK license includes royalty-free deployment license for Desktop Applications only. Other forms of application require a special deployment licensing plan(s).
o Server deployment license. A "Server" is defined as a non-user computer with up to 2 physical CPUs accessed by multiple users through a network, running an application which uses the Software remotely. Each additional CPU on a server is interpreted as a separate server.
To deploy an application which utilizes the Software on a Server, a purchase of a server deployment license for each server (or for additional CPU) is required. If the Server runs in a development, quality assurance, or staging environment, under certain circumstances, free licenses may be granted.
o Development environment deployment license. If the web application is developed on a web server, as well as local workstations, you may request a free deployment license for the particular server. The free development environmental deployment license offer is conditional on the purchase of the appropriate number of SDK license for the development team.
Development server may not be used in production environment, unless a separate server deployment license has been purchased.
o Quality Assurance (QA)/staging deployment license. If you deploy the web application on a QA or staging web server, you may request a free deployment license for this Server. The free QA/staging environment deployment license offer is conditional on the purchase of an appropriate number of production server licenses.
QA/staging server shall not be used in the production environment unless a separate server deployment license has been purchased.
o Kiosk deployment license. "Kiosk" is defined as a non-user computer which is accessed by multiple persons who run the application that utilizes the Software. Most Kiosks are located in public places.
To deploy an application which utilizes the Software at a Kiosk, you need to purchase a separate kiosk deployment license for each unit. For exact pricing, contact Aurigma sales team.
o Limited/Conditional Free licensing offer. The granting of any free license offer is at the sole discretion of the Aurigma Graphics Mill. It will not be considered a breach of this agreement for Aurigma Graphics Mills to refuse to issue a free license or to limit the number of free licenses.
4. Upgrade Terms. Any upgrade or update requires Licensee have an existing valid license of the older version of the Software. All upgrades or updates are an exchange of the licensed older version of the Software for the newer licensed version of the software. As a condition of updating or upgrading the Software, Licensee is agreeing to terminate the right to use the older version. As an exception, the older version may be used during the transition period when you have an upgrade schedule to update the Software on multiple deployments.
In any case, you cannot upgrade deployment licenses for development, QA, or staging environments until you upgrade the appropriate SDK and production server deployment licenses.
You must upgrade all your licenses at once. For example, if you have one SDK license and two deployment licenses, you cannot upgrade the SDK license only.
Additional or different terms may apply to upgrades or updates.
5. Source Code Usage Limitations. If the Software includes any portion of its source code the following conditions apply:
o Licensee agrees not to disclose the source to any third parties without written permission from Aurigma Inc.
o Licensee shall keep the source code unattainable to unauthorized persons. Authorized persons are employees of Aurigma Inc. and your technical staff who will directly work with the source code.
o Licensee agrees to use the source code only for customization, maintenance, security audit, and back-up purposes. For all other purposes, written permission of Aurigma is required.
o Licensee is not permitted to reuse any portions of the source code in other products.
o If the source code includes any license checking part, you are prohibited from removing it.
o These limitations do not apply to the demo applications and code samples included into the Software documentation.
6. Restrictions. The Software is the intellectual property of Aurigma Inc., and may not be copied except for backup purposes and cases which are provided by the terms of license.
Back-engineering of any version of this Software as well as all kinds of debugging, hex decoding, loading into editor or altering of the product for distribution by illegal means is strictly forbidden.
It is the licensees responsible to perform all reasonable actions to keep a license key from being disclosed to third parties. Do not distribute .lic files to third-parties; .lic files should be embedded into the resources of your application
A license cannot be transferred to third parties without written permission from Aurigma Inc. In the event Aurgima Inc. approves a license transfer to a third party, Licensee agrees to stop using the Software immediately upon transfer erase all copies of all files wherever situated.
Licensee is prohibited from distributing the Software and/or documentation with other products (commercial or not) if the license does not allow it explicitly.
7. Marketing. Licensee agrees to be identified as a customer of Aurgima Inc. Identification includes Licensee's name, trade name, trademark, if applicable, a brief description of Licensee's business as well as the product purchased from Aurgima Inc.
Licensee's identification shall be solely used for marketing Aurgima Inc. Market shall include such things as websites, brochures, product sheets and other kinds of marketing material.
Licensee shall not use Aurigma's name, logo, or trademark without express written consent from Aurigma Inc.
8. Termination. Licensee may terminate the license at any time. Licensor may terminate upon the failure of the Licensee to follow the terms and conditions of the License. All copies of the Software and its documentations must be destroyed upon termination.
9. Limited Warranty. The express terms of this License replaces all warranties or other conditions or obligations imposed by statute, common law, trade usage or course of dealing except a required by law. The Software is licensed "as is", except that the Licensor warrants to the original Licensee (original purchaser only) that the Software as provided will perform substantially in accordance with its accompanying documentation when used properly without modification on a computer. The Licensor may provide for a refund of the purchase price for the Software upon a return of the software if significant errors in the software or documentation are brought to the attention of the Licensor within 90 days of purchase.
Licensor does not warrant that the Software will operate or perform without error or that any defects found in the Software can or will be corrected. Licensee uses the Software at its own risk. Licensor will not be held responsible or liable for any loss, damage or expenses (including indirect and consequential loss or damage) of any nature including but not limited to any loss resulting directly or indirectly from the use of the Software.
The warranty stated herein is in lieu of all other express or implied warranties, including any warranty of merchantability and fitness for a particular purpose.
10. Limitation of Remedies and Liabilities. The liability of the Licensor for any claim or cause of action for breach or damages in any form relating to this license shall be limited to replacement of the Software or refund of the license fee for the licensed Software paid by the Licensee.
11. Jurisdiction. This License shall be governed by the laws of the State of Washington. The provisions and sections of this License are severable. If any provision is found to be illegal or unenforceable the remaining portions shall continue in full force and effect. All taxes, including personal property taxes, resulting from this License are the responsibility of the Licensee.
12. Indemnification by Licensee. If Licensee distributes or uses the Software in violation of this agreement, Licensee agrees indemnify, hold harmless and defend Aurigma Inc. against any claims or lawsuits, including reasonable attorney fees, which arise as a result of Licensee's breach of this agreement.
13. Modification of Agreement. There will be no modifications, alterations, or amendments to this Agreement, unless both Aurigma Inc. and Licensee agree in writing.