MagicPlot End-User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity) and Magicplot Systems, LLC (referred to as "licenser"). This EULA relates to MagicPlot ("SOFTWARE PRODUCT"), including associated software components, media, printed materials, and "online" or electronic documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and licenser, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Licenser grants you the right to
install and use copies of the SOFTWARE PRODUCT
on your computer running a validly licensed copy
of the operating system for which the SOFTWARE
PRODUCT was designed.
One purchased License Key for MagicPlot Pro edition allows
a single copy of MagicPlot Pro to be installed on
and used with only one computer.
When multiple copies are necessary, each computer must
have a separate License Key.
You may install and use the application on a work computer,
home computer or portable computer (i.e. multiple locations),
provided that you are the only person who uses this application,
at any time, in any of these locations.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT
as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices
on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the
SOFTWARE PRODUCT to third parties. Evaluation
versions available for download from licenser's
websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation,
and Disassembly.
You may not reverse engineer, decompile, or disassemble
the SOFTWARE PRODUCT, except and only to the extent
that such activity is expressly permitted by applicable
law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE
PRODUCT.
(e) Support Services.
Licenser may provide you with support
services related to the SOFTWARE PRODUCT ("Support
Services"). Any supplemental software code provided
to you as part of the Support Services shall be
considered part of the SOFTWARE PRODUCT and subject
to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding
use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, licenser
may terminate this EULA if you fail
to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies
of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights,
in and to the SOFTWARE PRODUCT and any copies
thereof are owned by licenser or
its suppliers. All title and intellectual property
rights in and to the content which may be accessed
through use of the SOFTWARE PRODUCT is the property
of the respective content owner and may be protected
by applicable copyright or other intellectual
property laws and treaties. This EULA grants you
no rights to use such content. All rights not
expressly granted are reserved by licenser.
5. NO WARRANTIES
Licenser expressly disclaims any
warranty for the SOFTWARE PRODUCT. The SOFTWARE
PRODUCT is provided 'As Is' without any express
or implied warranty of any kind, including but
not limited to any warranties of merchantability,
noninfringement, or fitness of a particular purpose.
Licenser does not warrant or assume
responsibility for the accuracy or completeness
of any information, text, graphics, links or other
items contained within the SOFTWARE PRODUCT. Licenser
makes no warranties respecting any
harm that may be caused by the transmission of
a computer virus, worm, time bomb, logic bomb,
or other such computer program. Licenser
further expressly disclaims any warranty
or representation to Authorized Users or to any
third party.
6. LIMITATION OF LIABILITY
In no event shall licenser be liable
for any damages (including, without limitation,
lost profits, business interruption, or lost information)
rising out of 'Authorized Users' use of or inability
to use the SOFTWARE PRODUCT, even if licenser
has been advised of the possibility of such
damages. In no event will licenser
be liable for loss of data or for indirect, special,
incidental, consequential (including lost profit),
or other damages based in contract, tort or otherwise.
Licenser shall have no liability
with respect to the content of the SOFTWARE PRODUCT
or any part thereof, including but not limited
to errors or omissions contained therein, libel,
infringements of rights of publicity, privacy,
trademark rights, business interruption, personal
injury, loss of privacy, moral rights or the disclosure
of confidential information.
END OF MAGICPLOT LICENSE AGREEMENT
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
END OF APACHE LICENSE
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.