» version 2.5.5 - posted on 2007-05-10
EULA - End User License Agreement
COLOUR-SCIENCE IMAGE EDITOR END-USER LICENSE AGREEMENT
This End-User License Agreement ("Agreement") is a legal contract between you, a single individual or a corporate user ("You"), and Colour-Science AG ("Colour-Science") for the Colour-Science software "Image Editor", which encompasses all material and software accompanying this Agreement, including computer software, the associated printed material, and any other accompanying information and documentation (collectively "Software").
By clicking the acceptance button, installing, or otherwise using the Software, You are consenting to be bound by the terms of this Agreement. If You do not agree to all of the terms of this Agreement, Colour-Science is not willing to license the Software to You. If You do not agree to be bound by the terms of this Agreement, click the button that indicates You do not accept its terms, do not install, copy, or otherwise use the Software, and contact Colour-Science (+41 1 9392422 in all parts of the world) for instructions on how to return the unused Software.
1. Software license
a) Grant of license: Colour-Science hereby licenses, but does not sell, the use of the Software to You. You acknowledge that You do not acquire any rights of ownership or title in the Software. You own the media and the dongle, if any, on which the Software resides and is copy protected, respectively, but Colour-Science retains all right, title and interest in and to the Software, which is the subject of copyright, trade secret, trademark, among other intellectual property and proprietary rights ("Proprietary Rights").
b) Colour-Science hereby grants You under all its Proprietary Rights the personal, non-exclusive right to install and use the Software for its intended purpose on a single personal computer or workstation and to make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on any such copy the copyright notices and any other proprietary legends that were on the original copy of the Software. Colour-Science grants no rights or license of any kind to the Software to You other than those expressive granted above.
c) Specified Restrictions: For the avoidance of doubt, the limited license to use the Software granted above places the following limitations and restrictions on Your use of the Software:
i) Reverse Engineering and Decompilation. You understand and acknowledge that the codes, structures, methods and other elements comprising the Software are confidential to and trade secrets of Colour-Science. Accordingly, you may not disassemble, decompile, reverse engineer or otherwise attempt to create or derive source codes for the computer programs comprising the Software or reduce such programs of any of their component structures, algorithms or other elements to a human-perceivable form. You may not modify or translate any part of the Software.
ii) No other uses except as expressive permitted in Section 1(a) above, You may not disclose, distribute, modify, make or have made any copies of the Software, in whole or in part, nor sell, rent, lease, license, or lend the Software without the prior written authorization of Colour-Science.
iii) Single User / Single Computer: The Software may be used only by You and installed only on a single personal computer or workstation. Specifically, You may not install the Software on more than one computer at a time, allow other individuals to use the Software or network the Software to multiple computers or terminals without first obtaining an expanded license from Colour-Science to cover such additional users and computers.
iv) Copyrights, Trademarks: The marks "i2e", "Image Editor", "Q-producer", "Q-monitor", "Q-scan", "Q-print", "Q-process", "Q-master", as well as Colour-Science's logo are trademarks of Colour-Science. The Software, including, without limitation, any images, and text incorporated therein is the subject of international copyright protection. This Agreement grants You no other rights, licenses, or interests of any kind in or to such copyright and trademarks, other than as granted herein. You agree that You will assert no other rights, licenses or interests other than those granted herein or otherwise challenge Colour-Science exclusive ownership of such copyrights and trademarks.
v) Duty to Inform: You agree to make reasonable efforts to notify and inform everyone having access to the Software or the computer on which it is installed of all the applicable restrictions limiting use of the Software, as well as Your other duties and obligations under this Agreement. You agree to provide notice to Colour-Science immediately after learning of or having reason to suspect a breach of any of the restrictions set forth in this Agreement.
This Agreement is effective until terminated. You may terminate this Agreement at any time by returning to Colour-Science any disks, CDs and any associated dongles as well as the associated documentation or other copies of the Software under your control, together with written notice of your intent to terminate this Agreement. If You fail to comply with any provision of this Agreement, this Agreement will automatically and immediately terminate without notice from Colour-Science or the requirement of any other action by Colour-Science. Upon termination by Colour-Science, You must destroy or return to Colour-Science all copies of the Software in your control.
3. No warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. COLOUR-SCIENCE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES ARISING FROM A COURSE OF DEALlNG, USAGE OR TRADE PRACTICE; AND ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), TRADEMARK(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS.
COLOUR-SCIENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL OR CAN BE CORRECTED.
FURTHERMORE, COLOUR-SCIENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILlTY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY COLOUR-SCIENCE OR COLOUR-SCIENCE'S AUTHORIZED REPRESENTATIVE OR ANY REPRESENTATION MADE BY COLOUR-SCIENCE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY.
4. Limitation of liability
UNDER NO CIRCUMSTANCES SHALL COLOUR-SCIENCE BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF COLOUR-SCIENCE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR SUCH DAMAGES WERE CAUSED BY COLOUR-SCIENCE'S NEGLIGENCE.
IN NO EVENT SHALL COLOUR-SCIENCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
a) The laws of Switzerland shall govern the interpretation and enforcement of this Agreement. Any dispute, controversy, or other proceedings arising out of or related to this Agreement shall be finally resolved by submission to arbitration in Hinwil, Switzerland, in accordance with the Rules of the International Chamber of Commerce before a single arbitrator.
b) This Agreement shall be subject to all applicable laws and regulations of Switzerland.
c) If any term or provision of this Agreement or application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than that which is held to be unenforceable or invalid, shall not be effected thereby, and each such term and provision shall be valid and be enforced to the full extent permitted by law.
d) This Agreement constitutes the entire understanding of the parties with respect to the Software and supersedes all prior and contemporaneous agreements, understandings, representations, warranties, promises and other communications of any kind, whether written or oral, between the parties with respect to the Software. No alteration, modification, variation or waiver of this Agreement, or any of the provisions hereof shall be effective unless executed by both parties in writing.