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Imatest_Target_Generator_LICENSE.txt
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END USER LICENSE AGREEMENT
Target Generator Library
IMPORTANT – READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between Licensee (either an individual, a legal entity or any affiliated companies or other entities) (“Licensee”), and Imatest, LLC (“Imatest”) for the Licensed Software specified in Section 1 (each a “Party” and collectively “Parties”). The EULA authorizes Licensee to use the Licensed Software under the terms and conditions set forth below. Read this EULA carefully before installing or using the Licensed Software.
BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS: (1) READ AND UNDERSTOOD THIS EULA AND ANY THIRD PARTY LICENSES (INCLUDING ANY OPEN SOURCE SOFTWARE LICENSES) DESCRIBED IN THIS EULA OR MADE AVAILABLE FOR LICENSEE’S REVIEW; (2) AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. FURTHERMORE, LICENSEE CONFIRMS THAT LICENSEE HAS THE POWER TO MAKE SUCH A DECLARATION ALSO FOR LICENSEE’S COMPANY. LICENSEE FURTHER AGREES THAT IF IMATEST OR ANY LICENSOR TO IMATEST IS REQUIRED TO ENGAGE IN ANY PROCEEDING, LEGAL OR OTHERWISE, TO ENFORCE THEIR RIGHTS UNDER THIS EULA, IMATEST AND/OR ITS LICENSORS SHALL BE ENTITLED TO RECOVER FROM LICENSEE, IN ADDITION TO ANY OTHER SUMS DUE, REASONABLE ATTORNEY’S FEES, COSTS AND DISBURSEMENTS UNLESS OTHERWISE AGREED IN A SEPARATE WRITING BETWEEN THE PARTIES. IF LICENSEE DOES NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA, LICENSEE IS NOT ENTITLED TO INSTALL OR USE THE LICENSED SOFTWARE.
LICENSED SOFTWARE. As used in this EULA, the term “Licensed Software” shall mean (i) the Target Generator Library and (ii) any related documentation for the Licensed Software.
LICENSE FEE. The Licensed Software is provided at no charge to Licensee.
INTELLECTUAL PROPERTY RIGHTS NOTICE. The Licensed Software and all rights, without limitation, including all copyrights, patents, trademarks, trade secrets, publicity rights, and other proprietary rights therein, are owned by Imatest, its licensors or affiliates and are protected by international treaty provisions and all applicable national laws. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of Imatest, its licensors or affiliates. Except as expressly and unambiguously provided herein, Licensee does not possess, and Imatest does not grant to Licensee, any express or implied rights (whether by implication, estoppels or other legal theory) in or to any such intellectual property rights and all such rights are retained by Imatest, its licensors or affiliates. Please refer to Appendix A for licensor rights.
LICENSE GRANT. Imatest grants to Licensee in this EULA a revocable, non-transferable, non-exclusive license to download, install and run the Licensed Software in object code, provided Licensee complies with all terms and conditions of this EULA. Licensee may use the Licensed Software to generate Imatest chart images in different sizes and resolutions and share such images freely. This is a license to the Licensed Software, not a sale.
LIMITATIONS ON LICENSE.
Licensee is not entitled to make copies of the Licensed Software.
Licensee is not entitled to alter the images produced by the Licensed Software, other than size and resolution.
If the Licensed Software includes any related documentation provided in electronic form, Licensee may print copies of this electronic documentation. Licensee must reproduce and include the copyright notices on any permitted copies Licensee make of such electronic documentation.
Licensee may not sublicense, rent, lease, assign or transfer this EULA, the Licensed Software or its components, or any portion thereof without express written consent from Imatest.
Licensee may not or direct any third party to, reverse engineer, decompile, decode or disassemble the Licensed Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Licensee (or any third party at Licensee’s direction) also shall not (i) modify or create a derivative work of the Licensed Software, or (ii) extract any individual parts except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
This EULA does not grant Licensee any rights whatsoever in relation to the trademarks or service marks of Imatest.
MISUSE OF THE LICENSED SOFTWARE OR IMAGES GENERATED BY THE LICENSED SOFTWARE IS STRICTLY PROHIBITED AND MAY SUBJECT LICENSEE TO LIABILITY. Licensee is solely responsible for any misuse of the Licensed Software under this EULA and for any liability or damage related in any way to Licensee’s use of the Licensed Software in violation of this EULA.
TERMINATION. This EULA is effective from the first date Licensee installs, copies or otherwise uses the Licensed Software. Without prejudice to any other rights of Imatest, the EULA shall terminate automatically and immediately without notice if Licensee fail to comply with any provision or condition of this EULA. Licensee may terminate this EULA at any time. Imatest may also terminate this EULA on written notice to Licensee. Upon any termination of this EULA, Licensee must by uninstall and destroy the Licensed Software and all related documentation provided to Licensee by Imatest.
NO WARRANTY. LICENSEE ACKNOWLEDGES THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND NEITHER IMATEST NOR ANY OF ITS LICENSORS (IF ANY) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY IMATEST OR ITS LICENSORS OR BY ANY OTHER PARTY THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A IMATEST REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THIS DISCLAIMER.
NO OTHER OBLIGATIONS; RESERVATION OF RIGHTS. This EULA creates no obligations on the part of Imatest or its licensors other than as specifically set forth herein. Imatest reserves all rights not expressly granted to Licensee in this EULA.
LIMITATION OF LIABILITY. IN NO EVENT SHALL IMATEST, ITS EMPLOYEES, LICENSORS, AFFILIATES, AGENTS BE LIABLE FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF IMATEST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT IMATEST’ LIABILITY IS MANDATORY UNDER APPLICABLE LAW (e.g., PRODUCT LIABILITY LAW OR INTENTIONAL MISCONDUCT).
NO TECHNICAL SUPPORT; USE OF FEEDBACK. Imatest and its licensors have no obligation to furnish Licensee with any technical support services or to debug the Licensed Software. Imatest and where applicable, its licensors, shall be free to use any feedback and/or technical data received from Licensee resulting from Licensee’s access to and use of the Licensed Software for any purpose for business purposes, including (without limitation) development, manufacture, marketing, product ordering, and maintenance or support of products and services.
APPLICABLE LAW AND FORUM. This EULA is governed by the laws of the State of Colorado without regard to any conflict of laws provisions therein. No choice of law rules of any jurisdiction will apply. Any disputes arising out of or relating to this EULA shall be settled exclusively by the state courts in Boulder, Colorado or the federal court in Denver, Colorado.
MISCELLANEOUS. Except in the case of separate agreement that has been countersigned by both Imatest and Licensee, this EULA represents the entire agreement between Licensee and Imatest relating to the Licensed Software and (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any acknowledgement or similar communication between the Parties during the term of this EULA. If any provision of this EULA is held invalid, all other provisions shall remain valid (unless such validity would frustrate the purpose of this EULA, in which case, this EULA shall terminate), and this EULA shall be enforced to the full extent allowable under applicable law. No modification to this EULA is binding, unless in writing and signed by a duly authorized representative of each Party. This EULA shall be binding on and shall inure to the benefit of the heirs, successors, and assigns of the Parties hereto. The failure of either Party to enforce any right resulting from the breach of any provision of this EULA by the other Party will not be deemed a waiver of any right related to a subsequent breach of such provision or any other right hereunder.
Appendix A
Original work Copyright (C) 2011-2018 by Hong Minhee
https://hongminhee.org
Modified work Copyright (C) 2019-2020 by E. McConville <https://emcconville.com>
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE 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 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 SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.