EULA - End User License Agreement
End-User License Agreement
Altima Technologies, Inc.
Applicable to All NetZoom Products, NetZoomAV Products, All NetZoom Stencils and All NetZoomAV Stencils
?NetZoom? and ?Software? in this document will mean any of NetZoom products, NetZoom Symbols products, NetZoom Stencils, NetZoomAV products, NetZoomAV Symbols products and NetZoomAV Stencils for Microsoft Visio products.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR AN ENTITY), THE END USER, AND ALTIMA TECHNOLOGIES, INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL NETZOOM; PROMPTLY RETURN THIS SOFTWARE AND ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS, SLEEVES, BOXES OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
You should carefully read this End-User License Agreement ("Agreement") before downloading, opening, loading, or operating the CD or online copy of the computer program and related documentation ("Software").
YOU AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL ALTIMA BE RESPONSIBLE OR LIABLE FOR ANY ASPECT OF THE HOST APPLICATION FOR WHICH NETZOOM IS PURCHASED.
The Software can only be downloaded, installed, loaded, and operated in accordance with the terms and conditions of this Agreement. Except as may otherwise be prohibited, opening, loading, or operating the Software indicates your acceptance of this Agreement, and your agreement to use the Software in accordance with the following terms and conditions.
SOFTWARE PRODUCT LICENSE.
The Software is a proprietary product of Altima Technologies, Inc. and relevant third parties, and is protected by copyright law and international treaty. Any loading, use, or operation of the Software, other than as specifically permitted herein, is unauthorized and in violation of applicable copyright law and international treaty. For purposes of this Agreement, "Software" refers to the computer software and associated media (whether CD, online, web-based or otherwise), printed materials, including online and electronic documentation, and all accompanying items.
In consideration of the above and the terms and conditions set forth below, it is agreed as follows:
The terms of this Agreement, and the rights granted hereunder, shall commence with the acceptance hereof and the installation of the Software by you onto your computer, and end upon the removal of the Software from your computer. However, this Agreement shall terminate immediately upon (i) your failure to comply with any term or condition of this Agreement, (ii) any unauthorized transfer of possession or use of the Software or any copy, derivative or incorporation thereof, (iii) circumvention of the Software protection device, if any exists, or this Agreement, or (iv) deactivation or destruction of the Software. Upon termination of this Agreement, you agree to return to Altima Technologies or destroy all copies of the Software and any related documentation.
GRANT OF LICENSE.
This Altima Technologies Agreement permits you to use one copy of the Altima Technologies Software on any single computer, provided the Software is in use on only one computer at any time. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), then the person authorized to use such computer also may use the Software on a portable computer, laptop, and home computer so long as the Software is not used on both computers at the same time. If such persons authorization to use such computer ceases for any reason (e.g. termination of employment), then such persons authority to use the software on a portable computer, laptop, and home computer will cease.
The Software is licensed as a single unit, and its component programs may not be separated for use on different computers.
User shall use NetZoom or Stencils for his own use only. User may not extract shapes or underlying data to bundle with any other product OR DISTRIBUTE. NetZoom or Stencils may not be shared with another user who does not have a valid license to use the products.
NetZoom or Stencils are sold in the form of single user license PACK AND FIVE USER LICENSE PACKS. Except for site licenseS, each license is represented by a unique serial number or subscription number. Each individual user must have his/her own serial number or subscription number to use the product.
Title, ownership rights, and intellectual property rights in and to the Software will remain in Altima Technologies and is protected by United States copyright laws and international treaty provisions. There is no transfer to you of any title to or ownership of the Software and this Agreement should not be construed as a sale of any right in the Software. You must treat the Software like any other copyrighted materials, except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy written materials accompanying the Software. You may use the Software in your own personal and business documents as long as you are not selling the output generated by the Software or any related services.
You must reproduce and include the following copyright notice on any copy, modification, or portion of NetZoom merged into another program: (Additional license/agreement is required to include a copy, modification, or portion of NetZoom into another program.)
Copyright (c) 2004 Altima Technologies, Inc. All Rights Reserved.
Altima Technologies, Inc., the Altima Technologies logo, NetZoom Universal, NetZoom, NetZoomAV, NetZoom Solutions, NetZoomAV Solutions, NetZoom Symbols, NetZoomAV Symbols, NetZoom Stencils, NetZoomAV Stencils, the NetZoom logo, the NetZoomAV logo, iShape, the iShape logo, Port Level Intelligence and EQServer are trademarks of Altima Technologies, Inc. Other brands and product names are trademarks of their respective owners.
OWNERSHIP OF LOGOS.
All logos offered within the program are property of their respective owners. Images of logos are provided as a convenience for customers who have permission to use them by the respective owners. Contact the owner of the logo for usage permission and applicable restrictions.
YOU MAY NOT:
Decompile, disassemble, or otherwise reverse engineer this program. You may not use, copy, modify, or transfer this program, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. If you do transfer possession of any copy, modification, or merged portion of the program to another party except as expressly provided, your license is automatically terminated.
If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Altima as being eligible for the upgrade in order to use the Software. The Software labeled an "upgrade" replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. The upgrade may not be separated for use from the product, or transferred separately or used on more than one computer except as set forth above.
This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this Agreement on a permanent basis provided that you formally notified Altima Technologies, Inc. and transfer this Agreement, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this Agreement. Further, you may not place the NetZoom or any of its components onto a server (unless you have obtained additional license and agreement from Altima) so that it is accessible by any one who does not have a valid license to use the product OR via a public network such as the Internet.
The terms of this Agreement, and the rights granted hereunder, shall commence with the acceptance hereof and the installation of the Software by you onto your computer. The license is effective until terminated. You may terminate it at any time by destroying this program together with all copies, modifications, and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement, or if you fail to pay the appropriate license fee(s). You agree upon termination to destroy this program together with all copies, modifications, and merged portions in any form.
Altima warrants for a period of thirty (30) days from the date of shipment that, under normal use, software delivery media will be free of defects in material and workmanship. You acknowledge and agree that Altima will satisfy this warranty if it corrects errors that appear in this program or in the user manuals, reported to Altima during the warranty period.
ALTIMA DOES NOT WARRANT THAT ANY ALTIMA PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES ALTIMA WARRANT
THAT ANY ALTIMA PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE.
Altima warrants and represents that it has the right to grant this license. The foregoing warranties are void if failure of a warranted item results, directly or indirectly, from an unauthorized modification to a warranted item; an unauthorized attempt to repair a warranted item; or misuse of a warranted item, including without limitation use of a warranted item under abnormal operating conditions or without routinely maintaining a warranted item. You agree to promptly notify Altima of any suspected defects in software delivery media or this program.
THE FOREGOING WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. ALTIMA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACCEPT THE PRODUCT IN AN "AS IS" CONDITION. IN NO EVENT WILL ALTIMA BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.
YOU AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL ALTIMA BE RESPONSIBLE OR LIABLE FOR ANY ASPECT OF THE HOST APPLICATION FOR WHICH THE SOFTWARE IS AN ADDIN.
Altimas entire liability and your exclusive remedy shall be, in Altimas sole and absolute discretion, either (i) the repair or replacement of any warranted item which does not meet the respective warranties given above, or (ii) a refund of the purchase price of the warranted item.
The above warranties and limitations give you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. Certain limitations set forth in this section may not apply in some jurisdictions.
LIMITATION OF DAMAGES.
In no event will Altima or its suppliers be liable to you for any damages, including but not limited to any incidental, special, or consequential damages, arising out of or in connection with the use or inability to use this program or software delivery media. Except as otherwise provided by applicable law, no claim, regardless of form, arising out of or in connection with this Agreement may be brought by you more than two (2) years after the cause of action has accrued.
You may not export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
If the software is acquired directly or indirectly on behalf of a unit or agency of the United States Government, this provision applies. For civilian agencies: This program was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations ("FAR") and its successors, and is unpublished and all rights are reserved under the copyright laws of the United States. For units of the Department of Defense ("DoD"): This program is licensed only with "Restricted Rights" as that term is defined in the DoD Supplement to the FAR, clause 252.227-7013(c)(1) (ii), Rights in Technical Data and Computer Software and its successors, and use, duplication or disclosure is subject to the restrictions set forth therein. Any attempt to sublicense, assign, or transfer the license or the program except as expressly provided in this Agreement is void.
If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
This Agreement will be governed by the laws of the State of Illinois. Jurisdiction and venue for any dispute arising from this Agreement or relating to the Software shall be in the United States District Court for the State of Illinois, or the Circuit Court for DuPage County, Illinois.
Should you have any questions concerning this Agreement, you may contact Altima by calling 1-630-790-0500 or writing:
Altima Technologies, Inc.
Roosevelt Glen Corporate Center
799 Roosevelt Road
Building 6, Suite 107
Glen Ellyn, IL 60137-5908
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Altima will provide "Complimentary Service" during the warranty period solely for the Software. "Complimentary Service" will be limited to telephone support for bug reports, installation, and basic operation, excluding online or customization. To use the Complimentary Service, email firstname.lastname@example.org or call Altimas customer service: 1-630-790-0500. Altima will accept customer reports of problems found, but after the warranty period you will be required to purchase updated or corrected software. You must contact the applicable host application provider with respect to support services related to the host application for which the Software is an add-in.
Upgrades, when and as available, will be provided to all customers who have purchased a valid Subscription Service.