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ORTHOGRAPH SOFTWARE LICENSE AGREEMENT IMPORTANT
THIS COPY OF THE SOFTWARE IS DESIGNATED EITHER AS A FULL VERSION OR A DEMO VERSION. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON OR BY INITIATING SOFTWARE ACTIVATION, YOU INDICATE YOUR ACCEPTANCE OF THE ORTHOGRAPH LICENSE AGREEMENT INCLUDING THE LIMITED WARRANTY AND DISCLAIMERS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE COMPLETE PACKAGE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND.
ORTHOGRAPH
SOFTWARE LICENSE AGREEMENT
This Agreement constitutes a non-exclusive license for you, the End-user, to use the enclosed product (called the "Software"). The Software is licensed, not sold, to you for your own use under the terms and conditions of this Agreement. You own the media on which the Software is recorded, but not the Software itself, which remains the property of OrthoGraph and its licensors. If you receive the Software on more than one media, you are entitled to use only one of these media on your computer.
The Software is owned by OrthoGraph and protected by applicable copyright laws. The Software may also embody certain other intellectual property rights owned by OrthoGraph, such as, for example, patent, trade secret, know how, and the like, whether foreign or domestic. To the maximum extent permitted by applicable laws, OrthoGraph reserves all rights to the Software not expressly granted hereunder and to any reproduction of the Software including its documentation, logos, trademarks, icons and interface in whole or in part. If you copy or use all or any portion of the Software without entering into this Agreement or obtaining written permission of OrthoGraph, you are violating copyright or other intellectual property law, and you may liable to OrthoGraph and its licensors for damages, and you may subject to criminal penalties.
LICENSE PARAMETERS
OrthoGraph’s license granted by this Software License Agreement is subject to the License Parameters defined hereinafter.
License Parameter A: Full Version.
The Software consists of a computer program delivered on one or several CDs, the accompanying documentation, an unopened registration envelope containing the activation key and packaging. Lawful use of the Software requires activation of the Software. Software activation is a technology, which controls the lawful use of the Software with a specific device. During activation, the Software will send information about the Software and the device to OrthoGraph, by which OrthoGraph will be able to check if you have a lawful license. This information includes the version, language, registration and activation key of the Software, some internal identity numbers of the computer hardware and the hardware configuration of the device. For technical information, see the hand-book or contact the customer service of OrthoGraph. By using the Software, you consent to the transmission of this information. Before you activate, you have the right to use the version of the Software installed during the trial period. Your right to use the Software is limited to the trial period, which is one month after the installation. You are not entitled to use the Software after that time if you do not activate it.
If you received the Software through the Internet, the Software consists of a complete electronic installation package and an e-mail confirming the sale, which contains the registration and activation keys, provided by OrthoGraph or its licensors. For the activation of the Software, it is essential that you have the registration and activation numbers, and the invoice confirming the purchase of the Software.
* You may install the Software on a single handheld device uniquely as the End-user, and you are entitled to run the related desktop computer components on the same number of desktop computers (i.e. you may load the software into the memory of your desktop computer). You may use the Software for your own personal use and you are entitled to store or install one copy of the Software on a data storage device that you use uniquely for the installation or running of the Software to your computers through the internal network. In the latter case, you should acquire separate licenses to each handheld on which you are installing or running the Software. You are expressly prohibited from distributing, providing access to or commercializing the Software either alone or as part of another product or service.
* You may make one copy of the Software in machine-readable form as a back-up. You may not copy the written materials accompanying the Software.
* If you receive the Software on more than one media, you are prohibited from using the other medium on your other computer, or install it on that computer, and you may not sell, loan, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software nor transfer or provide access to it by network for commercial use, either in whole or in part.
* You may permanently transfer the Software and all rights associated to it under this license to another party together with a copy of this Agreement, provided that the other party reads and accepts, in writing, the terms and conditions of this Agreement, that you do not keep any copies of the Software in whole or in part and the transferee agrees to be bound by the terms of this Agreement and that you notify OrthoGraph or its distributor of the transfer in writing and either you or the other party provides OrthoGraph with the other party’s written acceptance of these terms. Once all of these conditions are met, the transfer is complete, the other party’s rights vest, and your rights and obligations under this license terminate. If the above conditions are fulfilled, the other party is entitled to use the registration and activation keys.
License Parameter B: Demo Version.
The Software consists of a computer program delivered on one or several CDs, the accompanying documentation and packaging, and an installation package, in case the Software is downloaded through the internet. In case of Demo version the functionality of the Software is reduced, the number of the processable survey units is limited and it also contains time-limitation, but OrthoGraph is entitled to introduce other restrictions as well.
* You may use this Software only for Non-commercial purposes. "Non-commercial purpose" means use of the Software solely for education or research. "Non-commercial purpose" excludes, without limitation, any use of the Software for, as part of, or in any way in connection with a product (including Software) or service which is sold, transferred, offered for sale, assigned, licensed, leased, loaned or rented.
* You may use the Software on a single handheld uniquely as the End-user, and you are entitled to run the related desktop computer components on the same number of desktop computers for your own personal use, and you are entitled to store or install one copy of the Software on a data storage device that you use uniquely for the installation or running of the Software to your computers through the internal network. In the latter case, you should acquire separate licenses to each handheld on which you are installing or running the Software. You are expressly prohibited from distributing, providing access to or commercializing the Software either alone or as part of another product or service.
* You may make one copy of the Software in machine readable form as a back-up. You may not copy the written materials accompanying the Software. You may not provide access to the Software to another.
* To upgrade this copy to a full license, please contact the local distributor or OrthoGraph Inc.
RESTRICTIONS
A: Full Version:
* You may not sell, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software (except as allowed above) nor transfer or provide access to it by network for commercial use, either in whole or in part, without a specific license from OrthoGraph to do so.
* You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software code for any purposes whatsoever.
* You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Software.
B: Demo Version:
* You shall not use the Software for purposes other than defined as "Non-commercial purpose" by this agreement.
* You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software for any purposes whatsoever.
* You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Software.
NOTE: ALL REMAINING PROVISIONS OF THIS AGREEMENT APPLY TO BOTH VERSIONS OF THE SOFTWARE.
TERMINATION
* This Agreement remains in effect until it is terminated. You may terminate the Agreement at any time by destroying the Software and all copies of it. OrthoGraph may terminate the Agreement without notice following breach of any part of the Agreement. Your actual or attempted violation of any of the provisions of the LICENSE PARAMETERS or RESTRICTIONS above shall be a material breach of this Agreement.
* Upon termination, you must destroy the Software and all copies of it. Under no circumstances will OrthoGraph be liable for reimbursing the price of the Software or any other damages.
LIMITED WARRANTY AND LIABILITY
* OrthoGraph warrants that the CDs on which the Software is delivered will be free from defects for a period of 90 days. OrthoGraph warrants that the Software will provide the basic features and functions described in the documentation which is part of the Software. The warranty period commences from the original date of purchase as indicated by your purchase receipt. This limited warranty is void if the failure of the CDs in any way resulted from accident, negligence, misuse, abuse, theft, loss, or misapplication.
* The limited warranty period commences on the FIRST purchase date by the original owner, is not transferable, even if the Software is transferred by the original owner prior to the expiration of any then existing warranty period.
* If within the warranty period your CDs prove defective, OrthoGraph`s entire liability and your exclusive remedy shall be, at OrthoGraph`s option, to
a) repair or replace the defective CDs free of charge provided that it is returned to OrthoGraph along with a proof of purchase, or
b) refund the price paid for the license. Any replacement program will be warranted for 90 days from the date of receipt.
* Although OrthoGraph has tested the Software, the Software is sold "AS IS," without any warranty; expressed or implied, as to its conformity to or fitness for any particular purpose, or that the Software will perform uninterrupted and without errors. OrthoGraph disclaims all other warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, quality, completeness, or precision of the Software`s functions.
* No advice or information given by OrthoGraph employees, its distributors, resellers, agents, or consultants shall constitute a warranty by OrthoGraph or extend the warranty in this Agreement.
* In no event shall OrthoGraph be liable for any loss or damages whatsoever, including but not limited to loss of data, damages for lost income, business interruption, loss of business information, or other special, incidental, consequential, exemplary, multiple, or indirect damages or other pecuniary loss, arising from the use or misuse of the Software, or otherwise under this Agreement, even if OrthoGraph or its employees, resellers, or agents have been advised or should have known of the possibility of such damages.
* If your local laws give you other rights than the provisions regarding the warranty and liability in this agreement, the mandatory provisions of your local law shall be applicable.
GENERAL CONDITIONS
* This Agreement DOES NOT give you the right to any technical support for, or upgrades to, the Software which OrthoGraph may offer from time to time. OrthoGraph may, at its option and as part of its sales policy, make such technical support and upgrades available to registered users of the Software under terms to be determined from time to time by OrthoGraph. The support conditions are regulated by OrthoGraph in the user manual, the “on-line” documentation, and/or the guidelines and programs provided by OrthoGraph in other materials. Any additional software code, which you receive as part of the support, shall be considered as part of the Software, and falls within the scope of this Agreement. Any technical information that you send to OrthoGraph in the frame of the support shall be used by OrthoGraph for its business purposes, including support and development. OrthoGraph shall not use these technical information in any form which makes it possible to track your identity.
* * If the Software is marked “Upgrade” or “Update”, for the use of the Software you are obliged to have a proper license which OrthoGraph acknowledges as suitable for updating. The Software titled Upgrade/Update replaces and/or supplements the product that has served as a basis of the upgrade. The result of the upgraded product shall be used only according to the provisions of the present Agreement. If the Software is an upgrade of an element of a software package that was licensed earlier to you, you are entitled to use or transfer the Software solely as part of a unified program package and you cannot separate it for the purpose of applying it on more than one computers.
* * This Agreement constitutes the full, complete agreement between you and OrthoGraph concerning the Software and supersedes all prior agreements and understandings, either written or oral.
* * If any part or provision of this Agreement is found to be contrary to law by a competent jurisdiction, that part or provision shall be enforced to the maximum extent allowed, and the remaining Agreement shall remain in full force and effect.
This Agreement is governed by the Austrian law. Any disputes arising from this Agreement, including those disputes relating to the validity, interpretation or termination of the Agreement shall be exclusively and finally settled by an arbitrate tribunal formed beside the International Arbitral Centre of the Austrian Federal Economic Chamber, Vienna according to its own rules of procedure. Place of jurisdiction shall be in Vienna, and you hereby submit to the jurisdiction thereof.
INQUIRIES
All inquiries regarding this Agreement should be directed to
OrthoGraph Ltd.
H-1031 Budapest, Záhony utca 7., Hungary