THIS VISIMATION LICENSE AGREEMENT ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND VISIMATION INC., FOR THE SOFTWARE PRODUCT. BY USING THE SOFTWARE PRODUCT, YOU ARE AGREEING UNCONDITIONALLY TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, EVEN IF THIS LICENSE AGREEMENT IS DEEMED A MODIFICATION OF ANY PREVIOUS ARRANGEMENT OR CONTRACT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE PRODUCT. INSTEAD, YOU MAY RETURN THE SOFTWARE PRODUCT TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND (IF APPLICABLE).
Software Product License
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.
For purposes of this License Agreement, "Software Product" refers to the computer software and associated media, printed materials, and "online" or electronic documentation, that accompany the Visimation product or in the accompanying documentation; "Use" means storing, loading (whether into temporary memory (i.e., RAM) or into permanent memory (e.g., hard disk, CD-ROM or other storage device)), installing, executing or displaying the Software Product; and "You" means the company, entity or individual whose funds are used to pay the license fee or who has otherwise acquired the Software Product.
1. Grant of License
Each Licensed Copy of the Software Product may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license.
Each Licensed Copy of the Software Product may be accessed through a network, provided that you have purchased rights to use a Licensed Copy for each workstation that will access this Software Product through the network. For instance, if 8 different workstations will access this Software Product on the network, you must purchase rights to use 8 Licensed Copies of the Software Product, regardless of whether the 8 workstations will access the Software Product at different times or concurrently.
Title, ownership rights and intellectual property rights in and to the Software Product shall remain in Visimation and its suppliers and are protected by US and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. There is no transfer to You of any title to or ownership of the Software Product and the license granted under this License Agreement should not be construed as a sale of any right in the Software Product. You must treat the Software Product like any other copyrighted materials (e.g., a book or musical recording) except that You may make one copy of the Software Product solely for backup or archival purposes (with the inclusion of all copyright and other proprietary notices), only as long as You otherwise comply with the terms and conditions of this License Agreement. You may not make additional copies of the Software Product. You may not copy printed materials accompanying the Software Product. All rights not specifically granted under this License Agreement are reserved by Visimation Inc.
3. Description of Other Rights and Limitations
Limitations on Reverse-Engineering, Decompilation and Disassembly; Other Restrictions. You acknowledge that the Software Product in source code form remains a confidential trade secret of Visimation Inc. and therefore You agree not to reverse-engineer, decompile or disassemble the Software Product, or make any attempt to discover the source code to the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Except as expressly permitted in this License Agreement, the Software Product may not be Used, copied, translated, redistributed, retransmitted, published, sold, rented, leased, marketed, sublicensed, pledged, assigned, disposed of, encumbered, transferred, altered, modified or enhanced, whether in whole or in part, nor may You create derivative works from or based on the Software Product. You may not remove any proprietary notices, marks or labels from the Software Product.
Termination. This License Agreement is in effect until terminated. You may terminate it at any time by destroying the Software Product and all copies You have made. Unauthorized copying or duplication of the Software Product will result in automatic termination of this License Agreement. Without prejudice to any other rights, Visimation may terminate this License Agreement if You fail to comply with any term or condition of this License Agreement. Upon termination of this License Agreement, You agree to destroy the Software Product and all copies You have made.
4. US Government Restricted Rights
The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is Visimation, 165 NE Juniper St., Suite 201, Issaquah, WA 98027, USA.
5. Entire Agreement; Governing Law
This License Agreement constitutes the entire agreement between Visimation and You with regard to the subject matter hereof and supersedes any and all prior agreements, understandings and representations, whether written or oral, concerning the subject matter of this License Agreement. This License Agreement shall not be modify except by a written agreement executed by a duly authorized representative of each of Visimation and You.
Nothing in this License Agreement is intended to exclude, modify or restrict the operation of any applicable statute or other law, the provisions of which cannot lawfully be excluded, modified or restricted. If any court of competent jurisdiction determines that a provision of this License Agreement is illegal, invalid or unenforceable in any jurisdiction, then such provision shall be deemed modified to the minimum extent necessary to make it comply with the applicable statute or law of such jurisdiction, and the remaining provisions of this License Agreement shall continue in full force and effect. Any such modification shall not effect any provisions of this License Agreement in any other jurisdiction where this License Agreement governs the Use of the Software Product.
If You acquired the Software Product in Canada, You agree to the following: Each of Visimation and You hereby confirm, desire and agree that this License Agreement has been and shall be written solely in the English Language.
IF YOU ACQUIRED THE SOFTWARE PRODUCT IN THE UNITED STATES OR IF YOU ACQUIRED THE SOFTWARE PRODUCT OUTSIDE THE UNITED STATES, THIS LICENSE AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, USA, EXCEPT FOR THAT BODY OF LAW DEALING WITH CONFLICTS OF LAW, WITHOUT REFERENCE TO THE 1980 UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
6. Disclaimer of Warranty
The Software Product 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. In particular, there is no warranty for the trial version of any Visimation Software Product. You acknowledge that good data processing procedure dictates that any program, including Visimation Software Products, 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 the Software Product covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Any liability of the Software Product will be limited exclusively to refund of purchase price. In addition, in no event shall Visimation Inc., or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of the Software Product, or to your relationship with Visimaton Inc.
In addition, in no event does Visimation authorize you or anyone else to use the Software Product in applications or systems where the Software Product’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Visimation Inc. harmless from any and all claims or losses relating to such unauthorized use.
Copyright (c) 1997 - 2013 Visimation.
All Rights Reserved.
4580 Klahanie Drive SE
Issaquah, WA 98029