AGI Conditions of Use
(Software License Agreement)

Information about the same topics as described in this Agreement may also be provided elsewhere in the product documentation where it is presented from a technical or educational view. AGI does not warrant that information provided elsewhere in the documentation is error-free or complete. In the case of potential conflict between the information provided here and elsewhere, it is the AGI Conditions of Use which is the sole legally binding Agreement between you and AGI.

By reproducing, installing, or using the enclosed materials, you agree to be bound by the terms of this Agreement. If you do not agree to them do not install or use this software.

AGI is short for Augrin Software (autoGraph international), a company in the Bitlinc Group.

Copyright

The enclosed software ("the Software") is owned by AGI and/or Bitlinc and is protected by copyright laws and international treaty provisions. You will not remove any copyright notice from the materials. You agree to prevent any unauthorized copying of the materials. Except as expressly provided herein, AGI does not grant any express or implied right to you under AGI patents, copyrights, trademarks, or trade secret information.

License

AGI hereby grants you, the original purchaser, a non-exclusive, non-assignable license of the type you have bought, as specified in your invoice and in the License Document you receive together with your Password.

You are allowed to install and use the software as specified for the License Type for which you have purchased your password on computers owned, leased, or otherwise controlled by you.

The Software can be installed anywhere on your file system independently of the License Type (the License Type only regulates execution of the Software, not where its files physically reside).

You agree to use your best efforts to protect the Software from any use, reproduction, or other distribution except as specifically allowed under this license.

Evaluation

When the Software is installed without a password, it is installed for Evaluation. Any limitations that apply to the functionality of the Software when installed for evaluation are described in the documentation for the Software.

All terms and conditions specified for a Software License apply equally for Evaluation, subject only to the exceptions expressly provided herein.

Evaluation is royalty-free (a fee for media and handling may apply).

You may install the Software for evaluation on any number of computers for the period of time you need to evaluate the Software. When you have completed your evaluation, you must either buy one or more licenses or completely remove the Software from all computers where it has been installed.

License Types

Single Node License

A single node license is permanently locked to a specific computer. This is the computer for which the Software is licensed. A password for a single node license is only valid for that computer.

A single node license is managed by the computer to which the software is locked.

A single node license foreordains that the Software can only use the local display(s) of the computer to which the license is locked. This implies that the License is not valid if the Software is used through remote login, remote shell, or similar.

Fixed Licenses for Multiple Nodes

A fixed license is locked to a single computer. On Microsoft Windows it is also locked to the user.

You cannot use fixed licenses together with DHTP.

Fixed Licenses are managed by the License Dispatcher.

The Dispatcher itself is locked to a specific computer. A password for a pool of fixed licenses is only valid for that computer. The Dispatcher must be installed on a server that can be accessed from any computer on which you want to use the Software.

A fixed license can be taken from the pool and locked to a specific computer in two ways:

The System Administrator can assign licenses to specific computers.
If there are unassigned licenses in the pool, a license is taken and locked the first time a user activates the Software.

A fixed license which has been locked is returned to the pool and marked unassigned, if the Software has been terminated and not activated again for a period of 60 days.

The System Administrator may also unassign the license. The computer to which it was assigned will in this case not be able to have it reassigned for a period of 60 days.

Floating License

A floating license can be shared by several computers, but can be used only by one computer at a time.

Floating licenses are managed by the License Dispatcher.

The Dispatcher itself is locked to a specific computer. A password for a pool of floating licenses is only valid for that computer. The Dispatcher must be installed on a server that can be accessed from any computer on which you want to use the Software.

A floating license becomes locked to a single computer as soon as the Software is activated on that computer.

It remains locked to that computer ("is in use") for a period that depends on how the Software was started:

If the Software was started through its graphical user interface it is locked until the graphical user interface is properly terminated.
If the Software was started in command line mode it is locked for a period of minimum 30 minutes, unless it was started solely for the purpose of displaying version or help information.

Common for All License Types

The Password you get for your license must be installed to enable those capacities of the Software, which are covered by the license you have bought. After you have installed the Password, other capacities may still be available with the limitations provided for, when the Software is installed for Evaluation, and you are allowed to continue Evaluation of these capacities. However, the Password only assists you in using the Software correctly according to the terms valid for your license. Your rights and obligations are the ones set forth in this Agreement.

You are allowed to copy the Software for normal backup purposes. You may only restore the materials from a backup on the computer or server for which the Software is licensed.

Distribution

You may use the Software for application development and systems integration. However, no resulting system or application is allowed to be used for commercial or for internal purposes without a License Agreement between you and AGI for each distributed copy. You may not otherwise rent, lease, or sell the Software in whole or in part, and you may only transfer the Software License to another party on terms and conditions approved in writing by AGI.

Distribution of the Software is also subject to the following limitations:

You shall be solely responsible to your customers for any update or support obligation or other liability, which may arise from the distribution.
You may not make any statement that the application or integrated system is "certified" or that its performance is guaranteed by AGI.
You may not use AGI's name, trademarks, or logos to market the application or integrated product without written permission from AGI.
You shall prohibit disassembly and reverse engineering as specified under Non-Disclosure.
You shall indemnify, hold harmless, and defend AGI and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from your distribution of any product.
You may not export the Application in violation of applicable export laws.

You must reproduce and include the copyright notice in any copy of the Software or portions there of, whether or not merged into another program. Each copy of an application or integrated system in which the Software is used must include a trademark and copyright notice referring to the Software and AGI. The copyright notice must appear in your product documentation, in the application's opening panel, its About box, or any similar location where you specify your own trademark and copyright, and in a layout and point size similar to notices from other suppliers of components used in the application.

These are examples of copyright notices:

EasyCopy^TM Copyright© 1989-2006, AGI autoGraph international.
Copyright© 1989-2006, AGI autoGraph international.
EasyCopy(tm) Copyright (c) 1989-2006, AGI autoGraph international.

Any use of the EasyCopy logo, as in the example above, requires AGI's prior approval in writing.

Updates

If the Software contained within this package is acquired through an AGI update program or Software Subscription Service, this updated version of the Software is the only version you are entitled to use.

You may only install this updated version on the computer for which the Software is licensed. Unless otherwise agreed in writing by AGI, this is the same computer as the one on which the previous version is installed.

When you have installed this updated version, you must completely destroy any copy you have made of any material, which is part of a previous version of the Software (including but not limited to binary programs and printed copies of the documentation).

Termination

The license to use the Software contained in this package is effective until terminated. You may terminate it at any time by destroying or returning the media contained in this package on which the programs reside. AGI may terminate this license at any time if you are in breach of any of its terms and conditions.

You agree upon termination to completely destroy the Software together with any copies, modifications and/or merged versions in any form, and to destroy any documentation received with the Software.

Termination of the license does not eliminate any prior failure on your part to comply with this agreement.

Your obligations to use your best efforts to protect the Software from unauthorized use, including but not limited to non-disclosure, remain in effect upon termination.

Non-Disclosure

You may not disassemble or reverse engineer the Software in whole or in part.

If you distribute an application or integrated system in which the Software is used, you must in the conditions of use for that system include a similar clause covering, that disassembly or reverse engineering the Software in whole or in part is not allowed. This clause may cover the application or integrated system in general, in which case it need not mention the Software explicitly.

Limited Warranty

The Software and enclosed materials and any other material you receive from AGI related to the Software are provided 'as is' without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. AGI does not warrant, that your use of the software will be uninterrupted, or that the operation of the software will be error-free or secure. AGI does not warrant, that the documentation is error-free. The entire risk as to the quality and performance of the software is borne by you.

AGI makes no warranties, that the Software is fault-tolerant. The software is not designed, manufactured or intended for use with on-line control equipment in hazardous environments requiring fail-safe 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"). AGI and its suppliers specifically disclaim any expressed or implied warranty of fitness for High Risk Activities.

However, to the original purchaser only, AGI does warrant the media on which the Software was recorded to be free from defects in materials and faulty workmanship under normal use and service for a period of twelve (12) months from the day of purchase. If during this 12-month period a defect occurs, the media will be replaced without charge to you provided that there is a proof of the purchase, and the defective program media is returned to AGI. This offer is void if the media defect results from accident, abuse, or misapplication.

Limitations of Remedies

AGI's entire liability and your exclusive remedy shall be the replace- ment of the media if you have met the conditions as described under Limited Warranty or a full refund if AGI is unable to deliver a program media free from defects or faulty workmanship.

In no event will AGI be liable to you for any special, incidental, consequential, indirect, or similar damage arising from your use of the Software, including but not limited to damage due to loss of data, loss of business profits, business interruption, or any other damage, even if AGI or an agent of AGI has been advised of the possibility of such damages.

Other

By using the Software contained in this package you acknowledge that you have read this AGI Conditions of Use, that you understand it and that you agree to be bound by its terms and conditions. You further acknowledge that this is the sole agreement between us and that it supersedes any previous proposal or agreement oral or written between us relating to the subject matter.

This Agreement shall be governed by the laws of Denmark.

If any provision of this Agreement is found void or not enforceable by any court of competent jurisdiction, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

No statement contained in this package shall affect the statutory rights of consumers.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause in DFAR 52.227-7013 or the equivalent clause in FAR 52.227-14 or 19 whichever is applicable.

Trademarks

AGI, EasyAdmin, EasyCapture, EasyColor, EasyConvert, EasyCopy, EasyCopy/X, EasyCopy/NT, EasyCopy/Graphics, EasyCopy/Page, EasyCopy/Scan, EasyCGM, EasyHPGL, EasyQueue, EasyView, FleXprint, FleXimage, and JPEG PRO are trademarks of Augrin Software (autoGraph international) and/or Bitlinc.

All other trademarks and product names referred to in materials related to the Software are trademarks of their respective holders.

Should you have any questions concerning this Agreement, please contact AGI's Sales Department.

AGI Conditions of Use(Software License Agreement)