topoStitch™ LICENSE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY
This license agreement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Image Metrology A/S for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT
If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.
Upon your acceptance of the terms and conditions of the License Agreement, Image Metrology A/S grants you the right to use the Software in the manner provided below.
This Software is owned by Image Metrology A/S or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may create copies of the Software on computers owned by you or the institution who purchased the software and where you are employed. The Software may only be used together with license keys (software keys and hardware dongles) provided by Image Metrology.
Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, license keys, media or documentation. You agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
If you have purchased an upgrade version of the Software, it constitutes a single product with the Image Metrology A/S software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.
ADDITIONAL LICENSE TERMS FOR topoStitch™
GRANT OF LICENSEThis License grants you the following rights.
- Single User License. Except as set forth below, you may use the Software on any single computer owned by you or the institution which purchased the software. You may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software over an internal network. A License for the Software may not be shared or used concurrently on different computers. If the Software is installed on a network server or other system that physically allows shared access to the Software, you agree to provide technical or procedural methods to prevent use of the Software by individuals not licensed to use the Software pursuant to this Agreement.
- Transfer. You may transfer the Software and Documentation to a single recipient on a permanent basis provided you retain no copies of the Software or Documentation (including backup or archival copies) and the recipient agrees to the terms and conditions of this Agreement. If the Software is an upgrade, any transfer must include all prior versions of the Software and Documentation.
The License is in effect until terminated. The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
Image Metrology A/S warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Image Metrology warrants the software: is not contaminated by harmful code (e.g., self-propagating program instructions commonly called viruses or worms); is Year 2000 ready such that it is capable of correctly processing, providing, receiving, and displaying date data, as well as exchanging accurate date data with all products with which the software is intended to be used in the twentieth and twenty-first centuries.
Image Metrology's and its suppliers' entire liability and your exclusive remedy shall be, at Image Metrology's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Image Metrology's Limited Warranty and which is returned to Image Metrology A/S with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Free Software upgrades will not prolong the warranty period
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMAGE METROLOGY A/S AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMAGE METROLOGY A/S OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF IMAGE METROLOGY A/S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IMAGE METROLOGY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN IMAGE METROLOGY A/S SUPPORT SERVICES AGREEMENT, IMAGE METROLOGY'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring failsafe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Image Metrology A/S and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This License Agreement may only be modified in writing signed by you and an authorized officer of Image Metrology. All terms of any purchase order or other ordering document shall be superseded by this License Agreement. If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect.
This License Agreement shall be construed, interpreted and governed by Danish law, and the parties shall be under the exclusive jurisdiction of the Maritime and Commercial Court of Copenhagen. Image Metrology A/S reserves all rights not specifically granted in this License Agreement.