Product License Agreements
You can access the product license in Adobe® Portable Document Format (PDF) by clicking the version number for the appropriate product(s) below. You will need to download Adobe Reader® software, if it is not already installed on your computer, to view and print the license agreements.
|XMPie uDirect®||v8 (PDF) | v7.5 (PDF) | v6.6 (PDF)|
|XMPie uDirect® Video||v1.5 (PDF) | v1.0 (PDF)|
|XMPie PersonalEffect®||v8 (PDF) | v7.5 (PDF) | v6.6 (PDF)|
|XMPie uProduce™ Marketing Console||v2.4 (PDF) | v2.2 (PDF)|
|XMPie uStore®||v8.3 (PDF) | v7.3 (PDF)|
Additional License Agreements:
XMPie® Software License Agreement
(PDF version can be downloaded HERE)
READ CAREFULLY: This Software License Agreement is a legal agreement between you (either an individual or a single entity) (“Licensee”) and XMPie Inc., a Delaware corporation, and its direct and indirect Affiliates (collectively, “XMPie” or “Licensor”), for the Software that accompanies this Agreement. THIS AGREEMENT APPLIES TO ALL XMPIE SOFTWARE AND COMPONENTS. BY ACCEPTING, INSTALLING, COPYING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This EULA applies to: PersonalEffect® 8.0 and above, uDirect® 8.0 and above, uProduce™ Marketing Console 2.4 and above, uStore® 8.3 and above and uDirect Video 1.5 and above, uCreate XM, and uCreate Digital. (For earlier XMPie software versions, the End User License Agreement in force is the one distributed with that software.)
- “Affiliate” means an entity which controls, is controlled by, or is under common control with XMPie Inc., and “control” means ownership or control of more than 50% of the voting rights of an entity.
- “Database” means the data source that is used for creating personalized content. It may be in a database form or some other simpler format forms. It is not related to databases that are used internally by the XMPie software. Typical example will be a list of recipients, including names, demographics, and other personal information. It includes also the notions of Assets (such as images or other content elements), whether provided as separate files or within a special database or a special system for managing assets.
- “Documentation” means all documentation associated with the Software, in any media, including, without limitation and as applicable, the Software user guide, the hardware requirements, the installation guide, the purchase order, and the XMPie written acceptance of the purchase order
- “Logic” means a set of rules that determine what content or design styles to choose for a given individual. Logic is also known as “Rules”, “Business Logic”.
- “Output” means the hard copy printed documents, the rendering of content on web pages, email or SMS messages, and it also means the computer files that encode all the instructions for rendering the final output (e.g., Postscript files for printing).
- “Software” means XMPie software program supplied herewith by XMPie or its authorized distributors, the corresponding Documentation, associated media, printed materials and online electronic Documentation.
- “Trial Version” means a version of the Software, so identified, to be used only to review and evaluate the Software. The Trial Version may have limited features or might expire after a limited period of time.
- Grant of License.
- Provided that the consideration set for the Software license is paid and subject to the other terms and conditions of this Agreement, Licensor hereby grants Licensee, and Licensee hereby obtains, for the term of this Agreement, a non-exclusive, personal, license, without right to sub-license, to install and use the Software in strict compliance with the Documentation.
- Licensee may make one backup copy of the Software, provided that the backup copy is not installed or used for any purpose other than archival purposes.
- The scope of the license granted hereunder is limited to the rights of use expressly set forth in section 2.1 above, and Licensee is not granted any other license or other rights with respect to the Software. Without limiting the foregoing, Licensee may not: (1) decompile, disassemble, reverse engineer or otherwise attempt to identify or discover the Software source code; (2) modify, change, or create a derivative work of any part of the Software, unless otherwise explicitly agreed by XMPie in writing; (3) assign, transfer, lease, rent or share the rights under this Agreement, without Licensor’s prior written consent in each instance; or (4) make any copy of the Software or any part thereof, except as expressly authorized herein.
- The Software may be integrated with third party software. If XMPie performs such integration, such integration will be subject to the Limited Warranty set forth in Section 4. If Licensee performs such integration, XMPie disclaims all warranties, and liability with respect to such integration, which shall be at Licensee’s sole risk, cost and expense.
- Licensee shall not use the Software in a way that violates (or that produces content that violates) any law or the rights of others including, without limitation, laws concerning copyright infringement. Licensee shall indemnify and hold harmless Licensor and its affiliates from and against any claims, losses or damages arising from a breach of this Agreement.
- By agreeing to the terms of this Agreement, if Licensee uses the ExactTarget based service, Licensee agrees to the ExactTarget license, which is incorporated in and forms a part of this Agreement. https://www.xmpie.com/licenses/Email Services Agreement-Addendum to EULA.pdf
- Database, Logic, Content and Output. Licensee hereby acknowledges and agrees that except as otherwise provided herein, Licensor does not control any database, logic, intermediate products contents and output used with/by the Software and as such cannot and does not assume any responsibility for any of such items. Licensor exerts partial control over XMPie eMedia Cloud service and uStore Cloud. Use of any database, logic, intermediate products contents and output is at Licensee’s sole risk. Without limiting the generality of the above, Licensee shall remain at all times solely responsible for the function, accuracy, reliability, integrity, quality, confidentiality, transmission and/or validity of any database, logic, intermediate products contents and output used by it. Licensee shall indemnify and save harmless Licensor and its directors, officers, employees, representatives and agents (“Related Parties“) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Licensor and/or any of its Related Parties resulting from or arising out of the use of any database, logic, intermediate products contents and output, including, without limitations, infringement of third party rights by such use or by such items.
- Limited Warranty.
- Licensor warrants only to Licensee that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system, network topology, and hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. Licensee’s exclusive remedy and Licensor’s entire liability under this limited warranty shall be, at Licensor’s options, to repair or replace the media or any part thereof.
- THE EXPRESS WARRANTY SET FORTH ABOVE CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE SOFTWARE. LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE. EXCEPT AS SET FORTH IN THIS SECTION 4 LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT THE OPERATION OF THE SOFTWARE WILL BE SECURE OR UNINTERRUPTED. LICENSOR MAKES NO WARRANTY CONCERNING THE COMBINATION OF THE SOFTWARE WITH THE LICENSEE’S OR THIRD PARTY COMPONENTS OR SOFTWARE. LICENSOR DOES NOT WARRANT THE RESULTS OR ANALYSIS THAT MAY BE OBTAINED BY USING THE SOFTWARE.
- Limitations on Liability.
- Without derogating from Sections 5.2 and 5.3 below, Licensor will have no responsibility or liability whatsoever to Licensee or any third party for claims or damages arising from (i) the use of the Software not in compliance with its specifications; or (ii) the use of the Software where it has been modified other than by Licensor or with Licensor’s written permission.
- IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE OR MALFUNCTION OR DOWNTIME, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE CUMULATIVE LIABILITY OF LICENSOR TO LICENSEE FOR ALL CLAIMS RELATING TO THE SOFTWARE OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE DURING THE TWELVE MONTHS PRIOR TO THE CLAIM GIVING RISE TO THE LIABILITY.
- The Software includes proprietary and confidential materials and products of Licensor and its licensors, protected under copyright, patent, trade secret laws and international treaties, and other intellectual property right laws and treaties. Licensee acknowledges and agrees that Licensor and its licensors solely own and shall retain all right, title and interest, including intellectual property rights, in or to the Software. This Agreement does not convey to Licensee an interest in or to the Software but only a limited right of use, revocable in accordance with the terms of this Software License Agreement.
- XMPie®,uDirect®, uPlan™, uCreate™, uProduce™,QLingo™, PersonalEffect®, ADOR®, XLIM®, uStore®, uImage®, uProduce™ Marketing Consoleand other names, logosoricons identifying Licensor and its products are trademarks of Licensor. All other products and/or brand or company names mentioned herein or in the Software Documentation are the trademarks of their respective owners.
- Term and Termination. This Agreement shall remain in force and effect unless terminated by Licensor in the event of a material breach of this Agreement by Licensee that has not been cured, to Licensor’s satisfaction, within fourteen (14) days of a written notice thereof by Licensor.
- Effect of Termination. Upon termination of this Agreement, the license granted herein shall promptly expire. Licensee shall warrant to Licensor that the Software, any medium thereof and any materials pertaining to the Software have been returned to Licensor. The provisions of Sections 3, 4, 5, 6, 7, 9, 10, 15, 16 and 17 shall survive termination of this Agreement and shall remain in full force and effect.
- Licensee’s Employees. Licensee shall clearly notify each of its employees, sub-contractors, agents, consultants, affiliates, customers with permitted access to the Software, or any other third party that uses the Software of the terms and conditions of this Software License Agreement and shall be responsible and liable for the compliance of such parties with the terms and conditions of this Agreement and for such parties’ acts and omissions. Such third parties shall not relieve Licensee of any of its obligations under this Agreement.
- If the Software is the uProduce server software, then the following provisions shall apply, in addition to and without limiting any of the other sections of this Agreement:
- Licensee may install the uProduce on Licensee’s own server(s), the number of which is set forth on the purchase order and the specification of which matches Licensor’s instructions in the Documentation. Licensor will not install the Software and this Agreement shall have no effect if and until the Licensee’s network, hardware and software match such specifications. Access to the Software and the use thereof must be limited to authorized users within the Licensee’s organization and cannot be available to third parties;
- Licensee may use or permit others to use the Software’s Application Programming Interface (“API”) for development purposes if and only if Licensee is expressly authorized in writing by Licensor to do so, or if and only if Licensee has purchased the Web Services APIs software;
- If and only if Licensee is expressly authorized in writing by Licensor to use the API, or if and only if Licensee has purchased the Web Services APIs software, Licensee may develop software codes, that interface with Licensor’s uProduce product (the “Custom Code”). However, Licensee may not disclose, permit disclosure, or distribute the API or the Custom Code; and
- Licensee shall indemnify and save harmless Licensor and the Related Parties against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) asserted against, imposed upon or incurred by Licensor and/or any of its Related Parties resulting from or arising out of the use of the Custom Code or any portion thereof.
- Use of Adobe InDesign server. In addition to the above uProduce related provisions, the use of uProduce provides Licensee permission to use the Adobe InDesign server under the following conditions:
- The InDesign Server license that is included in the system — if included — is to be used solely through the XMPie system;
- Licensee is granted no license to use the InDesign Server directly through its own programming interfaces of any kind;
- if Licensee’s system does not include uStore or InDesign Document Port license, then Licensee is not allowed to create any application that allows users — such as portal visitors — to access InDesign templates in the system except for viewing them through any kind of API proof interface or getting their final rendering into any print or digital format enabled through the APIs; and
- If Licensee’s system includes the XMPie Scripting Plug-in, then Licensee is allowed to enable web-based interaction with the InDesign templates in Licensee’s system to any degree enabled by the scripting plug-in.
- Use of PhotoShop through uImage and uProduce.
- If Licensee uses PhotoShop, as automated through uImage and uProduce, any number of customers may access the server; and
- Except as otherwise stated in this EULA, the terms of the Adobe EULA apply: https://www.adobe.com/support/downloads/license.html; and
- Adobe is a third party beneficiary under this EULA.
- uStore®. If the Software is the uStore® software, and the Licensee intends to use online clearing services, then the following provisions shall apply, in addition to and without limiting any of the other sections of this Agreement: uStore® includes online payment and clearing services provided by integrating to other software vendors. By accepting the terms and conditions of this Software License Agreement you agree to accept the terms and conditions referenced below:
- uProduce Marketing Console. If the Software is uProduce Marketing Console, then the following provisions shall apply, in addition to and without limiting any of the other sections of this Agreement:
- Licensee may install the Software on Licensee’s own server(s), the number of which is set forth on the accepted purchase order and the specification of which matches Licensor’s instructions in the Documentation. Licensor shall not install the Software until the Licensee’s network, hardware and software match such specifications. Access to the Software and the use thereof is limited to Licensee’s authorized users, who must be Licensee’s employees, sub-contractors, agents, consultants, affiliates or customers with permitted access to the Software. Licensee may use or permit others to use the Software’s Application Programming Interface (“API”) for development purposes. Licensee shall indemnify and save harmless Licensor, its affiliates, and their respective officers, directors, employees and agents against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) resulting from or arising out of the use of the API or website or any portion thereof.
- Licensee may receive from the Licensor access credentials to a Demo Server for the purpose of training or re-selling of the service to the Licensee’s customers. The Licensee shall not transfer these credentials to any 3rd party without XMPie’s express prior written consent in each instance.
- Trial Version. If the Software is a Trial Version, then the following provisions shall apply, in addition to and without limiting any of the other sections of this Agreement that is not conflicting with the following: Licensor grants Licensee and Licensee obtains, a limited, royalty free, non-exclusive, personal, non-transferable, non-sublicensable license, for a limited period of thirty (30) days (or other, if explicitly provided by Licensor) commencing on the installation date, to install the Trial Version of the Software on a single computer and to use the Trial Version for the sole purpose of reviewing and evaluating the Software. Licensee may not use the Trial Version for commercial purposes. LICENSEE ACKNOWLEDGES, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRIAL VERSION IS PROVIDED ON AN “AS IS” BASIS. LICENSOR DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE TRIAL VERSION, DOCUMENTATION AND OTHER FILES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR LIABILITY FOR THE TRIAL VERSION EXCEED ONE US DOLLAR (US$ 1.00).
- Third party code – Certain Notices.
- The Software may contain certain object codes created by third parties and known as Expat – XML Parser Toolkit, Copyright © 1998, 1999, James Clark (“Original Expat Code”) and in addition, certain modifications derived from the original Expat Code owned by James Clark created by the Licensor, in object code (“Expat Modifications”). The Expat Original Code and the Expat Modifications are provided under and are subject to the Mozilla Public License Version 1.1; you may not use such code except in compliance with such license. You may obtain a copy of such license at: http://www.mozilla.org/MPL/MPL-1.1.html. Software distributed under such license is distributed on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the Mozilla license for the specific language governing rights and limitations under such license.
- This Software may contain certain object codes created under the AngularJS license, https://github.com/angular/angular.js/blob/master/LICENSE
- Apple. This Software may contain certain codes and/or software, which are the property of Apple Computer, Inc., protected by copyright laws and international treaty provisions: “Copyright © 1991-2004 by Apple Computer, Inc.” Neither the name, trademarks, service marks or logos of Apple Computer, Inc. may be used to endorse or promote products derived from the Apple Code without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by derivative works or by other works in which the Apple Code may be incorporated. The Apple Code is provided by Apple on an “as is” basis. Apple makes no warranties, express or implied, including without limitation the implied warranties of non-infringement, merchantability and fitness for a particular purpose, regarding the Apple Code or its use and operation alone or in combination with products. In no event shall Apple be liable for any special, indirect, incidental or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) arising in any way out of the use, reproduction, modification and/or distribution of the Apple Code, however caused and whether under theory of contract, tort (including negligence), strict liability or otherwise, even if Apple has been advised of the possibility of such damage. An Apple source code may have been descended from an Apple sample source code, but Licensor may have made changes to it.
- RSA Data Security. This Software may contain codes (including the RSA Data Security, Inc. MD5 Message-Digest Algorithm), which are the property of RSA Data Security, Inc., protected by copyright laws and international treaty provisions: “Copyright © 1990-2, RSA Data Security, Inc.”; and codes that derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm. RSA Data Security, Inc. makes no representations concerning either the merchantability of the RSA Data Security codes or their suitability for any particular purpose. They are provided by RSA Data Security, Inc. “as is” without express or implied warranty of any kind.
- Common Public License Version 1.0 Codes. This Software may also contain certain codes created by third parties and known as the “GeneralHashFunction” which are provided under the terms of the Common Public License Version 1.0 (the “Common Code”). The authors and all contributors disclaim all warranties and conditions, express and implied, including warranties or conditions or title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose, and all liability for any damages, including direct, indirect, special, incidental and consequential damages, such as lost profits. Any provisions of this Software License Agreement that are different from the Common Public License are offered by Licensor alone. The source code for the Common Code, if herein used, is available from the Licensor upon request.
- DNSLookup. This Software may contain a DNSLookup code created by third parties. The DNSLookup code is provided by its authors “as-is” without warranty either expressed or implied.
- TTF2PT1. This Software may contain a third party’s code known as TTF2PT1. This code is copyrighted: Copyright (c) 1997-2003 by the AUTHORS: Andrew Weeks <firstname.lastname@example.org>, Frank M. Siegert <email@example.com>, Mark Heath ,firstname.lastname@example.org>, Thomas Henlich, Sergey Babkin <email@example.com> <firstname.lastname@example.org>, Turgut Uyar <email@example.com>, Rihardas Hepas <rch@WriteMe.com>, Szalay Tamas <firstname.lastname@example.org>, Johan Vromans <email@example.com>, Petr Titera <Titera@sh.cvut.cz>, Lei Wang <firstname.lastname@example.org>, Chen Xiangyang <email@example.com>, Zvezdan Petkovic <firstname.lastname@example.org>, and Rigel <email@example.com>. All Rights Reserved. The distribution of the TTF2PT1 is governed by the terms and conditions available at: http://ttf2pt1.cvs.sourceforge.net/ttf2pt1/ttf2pt1/COPYRIGHT. The TTF2PT1 code is provided by the authors and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the authors or contributors of this code be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the TTF2PT1 code, even if advised of the possibility of such damage.
- Zlib and unzip.h. This Software may contain a code created by third parties known as Zlib General Purpose Compression Library. Such code is: Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler.
- Info-ZIP. This Software may contain codes, which are the property of Info-ZIP, protected by copyright laws and international treaty provisions: “Copyright © 1990-2005, Info-ZIP.” For the purposes of this copyright and license, “Info-ZIP” is defined as the following set of individuals: Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup Gailly, Hunter Goatley, Ed Gordon, Ian Gorman, Chris Herborth, Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave Smith, Steven M. Schweda, Christian Spieler, Cosmin Truta, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White. The Info-ZIP code is provided “as is,” without any warranty of any kind, express or implied. In no event shall Info-ZIP or its contributors be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Info-ZIP software. Permission is granted to anyone to use the Info-Zip authored software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: (1) Redistributions of the source code must retain the above copyright notice, definition, disclaimer, and this list of conditions; (2) Redistributions in binary form (compiled executables) must reproduce the above copyright notice, definition, disclaimer, and this list of conditions in any documentation and/or other materials provided with the distribution. The sole exception to this condition is redistribution of a standard UnZipSFX binary (including SFXWiz) as part of a self-extracting archive; that is permitted without inclusion of this license, as long as the normal SFX banner has not been removed from the binary or disabled; (3) Altered versions–including, but not limited to, ports to new operating systems, existing ports with new graphical interfaces, and dynamic, shared, or static library versions–must be plainly marked as such and must not be misrepresented as being the original source. Such altered versions also must not be misrepresented as being Info-ZIP releases–including, but not limited to, labeling of the altered versions with the names “Info-ZIP” (or any variation thereof, including, but not limited to, different capitalizations), “Pocket UnZip,” “WiZ” or “MacZip” without the explicit permission of Info-ZIP. Such altered versions are further prohibited from misrepresentative use of the Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s); and (4) Info-ZIP retains the right to use the names “Info-ZIP,” “Zip,” “UnZip,” “UnZipSFX,” “WiZ,” “Pocket UnZip,” “Pocket Zip,” and “MacZip” for its own source and binary releases.
- Sun. This software may contain codes which are the property of Sun Microsystems, Inc. Such codes are provided by Sun Microsystems, Inc. “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed by Sun Microsystems, Inc. In no event shall the authors or contributors of this code be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Sun code, even if advised of the possibility of such damage.
- WWW Client. The Software may contain certain codes which are the property of WWW Client, protected by copyright laws and international treaty provisions: “Copyright © 2005, Heo Yongseon. All rights reserved”. WWW Client software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright owner or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
- Blowfish Advanced CS 2.57. The Software may contain certain codes, or portions of codes, created by Markus Hahn, “Copyright © 1997-2005, Markus Hahn,” provided under and subject to the Apache License, Version 2.0. A copy of the Apache License is available at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or required to in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the License.
- Telerik. The Software may contain certain codes and/or libraries which are the property of telerik Corporation. These codes and/or libraries should not be used independently from the Software.
- jQuery: The Software may contain certain codes which are the property of John Resig, http://www.jquery.com. Copyright (c) 2008 John Resig, http://jquery.com/ Permission is hereby granted, free of charge, to any person obtaining a copy of the jQuery software and associated documentation files, to deal in the jQuery software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the jQuery software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: THE JQERY SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF THE JQERY SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE JQERY SOFTWARE OR THE USE OR OTHER DEALINGS IN THE JQERY SOFTWARE.
- DotNetZip and HTML AgilityPack: The Software may contain certain codes which are licensed under the Microsoft Public License (Ms-PL).
Subject to the terms of the MS-PL license, each contributor grants a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works.
THE DOTNETZIP SOFTWARE AND THE HTML AGILITYPACK SOFTWARE ARE LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. THE CONTRIBUTORS GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS LICENSE CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, THE CONTRIBUTORS EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ComponentArt: The Software may contain certain codes which are the property of ComponentArt Inc. All title and copyrights in and to the ComponentArt Inc. software product (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the ComponentArt Inc. software product), the accompanying printed materials, and any copies of the ComponentArt Inc. software product are owned by ComponentArt Inc. The ComponentArt Inc. software product is protected by Canadian and U.S. copyright laws and international treaty provisions.
COMPONENTART INC. EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE COMPONENTART INC. SOFTWARE PRODUCT. THE COMPONENTART INC. SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE COMPONENTART INC. SOFTWARE PRODUCT REMAINS WITH THE USER.
IN NO EVENT SHALL COMPONENTART INC. OR ITS DISTRIBUTORS BE LIABLE FOR ANY 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 COMPONENTART INC. SOFTWARE PRODUCT AND RELATED MATERIALS, EVEN IF COMPONENTART INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- FusionFree. The PersonalEffect™ Software may contain codes which are the property of InfoSoft Global (P) Ltd., fusioncharts.com/free. The FusionCharts Free Software is owned by InfoSoft Global and is protected by international copyright law and treaty provisions. Title and full ownership rights to the FusionCharts Free Software will remain the exclusive property of InfoSoft Global. InfoSoft Global expressly disclaims any warranty for the FusionCharts Free Software. FUSIONCHARTS FREE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- ImageMagick. This Software may contain code which is the property of ImageMagick Studio LLC. The ImageMagick code is licensed under the ImageMagick license (the “License”); you may not use the ImageMagick code except in compliance with the License. You may obtain a copy of the License at http://www.imagemagick.org/script/license.php. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
- IJG library. This Software is based in part on the work of the Independent JPEG Group. The use of the IJG code is covered by the Legal Issues of the eighth public release of the Independent JPEG Group’s free JPEG software. This IJG library is copyright (C) 1991-2012, Thomas G. Lane, Guido Vollbeding. All Rights Reserved except as specified below. The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided “AS IS”, and you, its user, assume the entire risk as to its quality and accuracy.
- Boost library. This software may include the Boost library. Copyright Joe Coder 2004 – 2006. The Boost library is distributed under the Boost Software License, Version 1.0. You can view a copy of the license at: http://www.boost.org/LICENSE_1_0.txt.
- Microsoft Software. This Software may include and/or incorporate certain software provided by Microsoft Corporation (“Microsoft Software”).
- You agree to disclosure of information about you (name, address, country) required by Microsoft to be in XMPie’s reports to Microsoft.
- Your right to use the Microsoft Software is restricted to be used only via This Software. Any other user interaction is strictly prohibited.
- Font Components. While the Microsoft Software is running, you may use its fonts to display and print content. You may only (a) embed fonts in content as permitted by the embedding restrictions in the fonts; and (b) temporarily download them to a printer or other output device to help print content.
- Mandatory Activation. The Microsoft Software may require activation. During activation, the Microsoft Software will send information about the Microsoft Software and the system to Microsoft. This information includes the version, the license version, language and the product ID of the Microsoft Software, Internet protocol address of the system and information derived from the hardware configuration. For more information, see microsoft.com/piracy/activation.mspx. By using the software, you consent to the transmission of this information. After the time recommended for activation expires, your rights to use the Microsoft Software will be limited until the Microsoft Software is activated. This is to prevent its unlicensed use. You can activate the Microsoft Software by Internet or telephone; Internet and telephone service charges may apply. Some changes to your computer components or the Software may require you to reactivate the Software. The software will remind you to activate IT until you do.
- The Microsoft Software will from time to time update or require download of the validation feature of the Microsoft Software. Validation verifies that the Microsoft Software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits. For more information, see microsoft.com/genuine/office/WhyValidate.aspx.
- During a validation check, the Microsoft Software will send information about the Microsoft Software to Microsoft. This information includes the version of the Microsoft Software and the product key. Microsoft does not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. For more information, see microsoft.com/genuine/office/PrivacyInfo.aspx.
- If the Microsoft Software is not properly licensed, the functionality of the Microsoft Software may be affected. For example, you may need to reactivate the Microsoft Software, or receive reminders to obtain a properly licensed copy of the Microsoft Software, or not obtain certain updates, upgrades or services from Microsoft.
- You may only obtain updates or upgrades for the Microsoft Software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources, see microsoft.com/genuine/downloads/faq.aspx.
- Upgrade or Conversion. To upgrade or convert Microsoft Software, you must first be licensed for the Microsoft Software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this Agreement takes the place of the agreement for the Software you upgraded or converted from. After you upgrade or convert, you may no longer use the earlier version of the Microsoft Software you upgraded or converted from.
- Creation of, editing of and collaboration on MS Office documents by end users is not permitted.
- Ghostscript. This Software may contain code which is the property of Alladin Enterprises. The Ghostscript program is licensed under the GNU General Public License version 3. The Ghostscript program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program. If not, see <http://www.gnu.org/licenses/>.
- PDF Hummus. This Software may contain code which is the property of Gal Kahana. The PDF Hummus code is licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
- x264. This Software may contain code of the x264 Commercial Software (“x264”), which is the property of x264 LLC. You may use the x264 subject to the terms herein and to the following additional restrictions:
- You are granted a limited, non-exclusive, non-transferable license to run one copy of the object code version of the x264 on one machine, device, or instrument solely as integrated and for running in combination with the Software.
- If you are granted a concurrent or network use license for the Software, then you may not use more than the maximum number of authorized users to access and use the x264 concurrently.
- You may make copies of the x264 only for backup and archival purposes.
- You may not: (a) copy the x264 onto any public or distributed network; (b) use the x264 to operate in or as a time-sharing, outsourcing, service bureau, application service provider or managed service provider environment; (c) use the x264 as a standalone application or other than as integrated into the Software under this license; (d) change any proprietary rights notices which appear in the x264 or the Software; or (e) modify the x264.
- The owner of the x264 retains all right, title and interest in and to the x264, including all copyright and other intellectual property rights.
- You may transfer the your x264 license only if (a) you comply with any transfer terms imposed by XMPie® and deliver all copies of the Software to the transferee along with the EULA, (b) transferee accepts the terms and conditions of the EULA as a condition to any transfer, and (c) your license to use the Software terminates upon transfer.
- You must comply with all applicable export laws and regulations.
- You must immediately destroy all copies of the x264 upon termination of the EULA.
- SmartXLS Spreadsheet Component. This Software may contain code of the SmartXLS Spreadsheet Component which is the property of SmartXLS. You may use this code bundled with the Software only, and subject to the terms herein.
- NET. This Software may contain the SSH.NET library which is copyrighted (Copyright © 2010, RENCI) and licensed under the terms of the New BSD license agreement. You may obtain a copy of the License at: http://sshnet.codeplex.com/license.
- Export Rules. Licensee agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as an export controlled item under the Export Laws, Licensee represents and warrants that Licensee is not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods) and that Licensee is not otherwise prohibited under the Export Laws from receiving the Software.
- This Agreement together with the accompanying purchase order and the Documentation constitutes the entire agreement between Licensee and Licensor concerning the license of the Software.
- This Agreement shall be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws thereof, and the state and federal courts sitting in New York, New York, shall have exclusive jurisdiction over all disputes between the parties.
- Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the consent of Licensor.
- This Agreement may not be altered, amended or modified, except by formal agreement in writing signed by duly authorized representatives of both parties.