IMAGINEER SYSTEMS LTD: END-USER LICENCE AGREEMENT
PRODUCT: All products (mocha Pro, mocha, mocha AE)
IMPORTANT – READ CAREFULLY: This IMAGINEER SYSTEMS LTD End-User Licence Agreement (“EULA”) is a legal agreement between you (either as an individual or company) and IMAGINEER SYSTEMS LTD, for the product, which includes computer software and may include associated media, printed materials, and electronic documentation (“Software Product”). By installing, copying, downloading, accessing, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software Product; you may return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENCE
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 and not sold.
1. GRANT OF LICENCE:
- Software Installation and Use.
You may install and use one copy only of the Software Product on a single computer, workstation, or other digital electronic device unless authorised in writing by IMAGINEER SYSTEMS LTD.
- Additional Licences.
The installation of the Software Product on a file server for distribution to other workstations or computers shall not constitute use of the Software Product with a single computer and the use of the Software Product in such circumstances is permitted only if a licence fee has been paid calculated by reference to the total number of workstations or computers having access to the file server, or the number of IP connections to be scanned, which for the purpose of calculating such licence fee shall be deemed to be individual computers. A licence for the Software Product may not be shared or used concurrently on different computers.
- Back-up Copy.
You may make a single back-up copy of the Software Product. You may use the back-up copy solely for archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
- Limitations 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 not withstanding this limitation.
- Separation of Components.
The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.
You may not transfer the Software Product and Documentation and your Licence without the written permission ofIMAGINEER SYSTEMS LTD, a transfer charge may apply. With permission granted in writing you may transfer the Software Product and your license on a permanent basis to another person only if that person agrees to accept the terms of this Agreement and you either transfer all copies (including the most recent update and all prior versions) to that person or destroy any copies not transferred. If you transfer possession of any copy of the Software to another person, your Licence is automatically terminated.
- Product Support.
IMAGINEER SYSTEMS LTD may provide you with support services related to the Software Product, as provided for by IMAGINEER SYSTEMS LTD‘s policies and programs published in on-line documentation for the Software Product.
Without prejudice to any other rights, IMAGINEER SYSTEMS LTD may terminate this licence if you fail to comply with these terms and conditions. In such event, you must destroy all copies of the Software Product and all of its component parts.
The Software Product may include a mechanism that can detect the installation or use of illegal copies of the Software Product, and collect and transmit data about those illegal copies.
Data collected will not include any customer data created with the Software Product. By using the Software Product, you consent to such detection and collection of data, as well as its transmission and use if an illegal copy is detected.
3. LEARNING EDITION RESTRICTIONS
Unlicensed components of the software will operate in evaluation mode, and the output of these modules is watermarked. Such modules are licensed to you as Learning Edition modules and the use of the output for commercial use is strictly prohibited.
4. EXPORT RESTRICTIONS
You agree that you will not export or re-export the Software Product to any country or entity subject to UK export restrictions. You specifically agree not to export or re-export the Software Product: to any country to which the UK or its allies has embargoed or restricted the exports of goods to any national of any such country, wherever located, who intends to transmit or transport the Software Product back to such country.
5. LIMITED WARRANTY
IMAGINEER SYSTEMS LTD warrants only to you, as the original licensee, that:
- the Software Product when used properly will provide the functions and facilities and will perform substantially as described in the Documentation for a period of ninety (90) days from the date of receipt; and
- the media on which the Software Product is recorded will be free from defects in material and workmanship under normal use for a period of ninety (90) days from receipt.
IMAGINEER SYSTEMS LTD‘s entire liability and your sole and exclusive remedy under the warranties given in this section 5 will be, at the option of IMAGINEER SYSTEMS LTD, either to:
- repair or replace the Software Product or media which does not conform with the warranty; or
- refund the price paid for the Software Product and terminate the Licence.
This remedy is subject to the return of the Software Product to your supplier or IMAGINEER SYSTEMS LTD not later than five (5) days after the end of a period of thirty (30) days from the date of your receipt of the Software Product.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall IMAGINEER SYSTEMS LTD or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence, or otherwise. In any case, IMAGINEER SYSTEMS LTD‘s and its suppliers’ entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the Software Product.
This Agreement shall be governed by the laws of England and Wales.
If Purchased outside of England and Wales then Local laws may apply at IMAGINEER SYSTEMS LTD‘s Sole discretion.
METTLE COMMUNICATIONS INC. LICENSE AGREEMENT
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING. BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS THEN DO NOT INSTALL OR USE THIS SOFTWARE IN ANY WAY, SHAPE OR FORM.
1. Grant of License. METTLE COMMUNICATIONS INC. hereby grants you the non-exclusive right to:
(a) use this Software during the term of this Agreement on two machines.
(b) use the documentation during the term of this Agreement in support of your use of the Software.
2. Restrictions. You hereby agree that you will not:
(a) make or have made any copies of the Software, documentation, or any portion thereof, except one copy solely for backup purposes.
(b) copy the Software or documentation, except to the extent permitted by paragraph 2(a), or allow any other party to do so.
(c) sublicense, distribute, disclose or transfer any copy of this Software or the documentation in whole or in part, to any third party, or allow any other party to do so.
(d) use the Software simultaneously on more that two machines, or allow any other party to do so.
(e) use the Software, documentation or any portion thereof after any expiration, termination or cancellation of this agreement or any license granted hereunder, or allow any other party to do so.
(f) modify, adapt, translate, decompile, reverse engineer, disassemble or otherwise derive a source code for the Software, or allow any other party to do so.
(g) alter, change or remove any proprietary notices or confidentiality legends placed on or contained in the Software, or allow any other party to do so.
(h) use the trademarks contained on or in the Software except as in accordance with accepted trademark practice.
3. LIMITED WARRANTY -- LIMITATION OF REMEDIES AND LIABILITY
(a) THIS SOFTWARE IS WARRANTIED FOR A PERIOD OF THIRTY (30) DAYS AFTER YOUR RECEIPT OF THE SOFTWARE, TO BE FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP. YOUR SOLE AND EXCLUSIVE REMEDY, AND METTLE COMMUNICATIONS INC.'S SOLE LIABILITY SHALL BE THAT METTLE COMMUNICATIONS INC. WILL REPLACE THE COMPACT DISC(S) OR OTHER MEDIA NOT MEETING METTLE COMMUNICATIONS INC.'S LIMITED WARRANTY. YOU MUST REPORT ALL DEFECTS AND RETURN THE SOFTWARE TO METTLE COMMUNICATIONS INC. WITHIN THIRTY DAYS OF THE DATE YOU RECEIVED THE SOFTWARE.
(b) EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPH 3(a) THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE FOR THE SOFTWARE AND DOCUMENTATION, AND METTLE COMMUNICATIONS INC. SHALL HAVE NO LIABILITIES FOR ANY ERRORS, MALFUNCTIONS, DEFECTS OR LOSS OF DATA FROM OR RELATING TO THE USE OF THE SOFTWARE AND/OR DOCUMENTATION.
(c) METTLE COMMUNICATIONS INC. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE AND/OR DOCUMENTATION, EVEN IF METTLE COMMUNICATIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL METTLE COMMUNICATIONS INC.'S LIABILITY HEREUNDER, IF ANY, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
4. Commencement of Agreement. The term of this Agreement and the license granted to you pursuant to paragraph 1 shall commence upon your opening of this package and shall terminate upon your discontinuing the use of the Software.
5. Termination and Cancellation. This Agreement and the License granted herein may be terminated and/or canceled by METTLE COMMUNICATIONS INC. in the event you are in breach of any provision of this Agreement.
(a) This Agreement is the complete agreement and understanding of the parties with respect to the Software and documentation and supersedes all prior oral, written and other representations and agreements. This Agreement may only be amended by the express written consent of METTLE COMMUNICATIONS INC., and METTLE COMMUNICATIONS INC. disclaims any and all warranties or representations made by any other party other that METTLE COMMUNICATIONS INC. and which are not contained in this agreement.
(b) Title in and to the Software and documentation remains exclusively in METTLE COMMUNICATIONS INC., subject to express, limited and non-exclusive license granted to you pursuant to paragraph 1.
(c) The Software contains proprietary information which METTLE COMMUNICATIONS INC. considers trade secrets and confidential proprietary to METTLE COMMUNICATIONS INC. You shall not use, disclose, nor permit any person to obtain such proprietary information, except to the extent such information is necessary for the normal use of the Software.
(d) You agree that this license shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada. Any action commenced relating to the terms and obligations of this license of the Software provided under this license must be brought within one (1) year after such action accrues and shall be commenced in the Province of Quebec
(e) If any provision of this license is determined to be invalid or unenforceable that provision shall be deemed severed from the remainder of this license and the remaining provision of this license shall remain in full force and effect.
BY INSTALLING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND THEREBY.
METTLE COMMUNICATIONS INC.