These conditions of use are enclosed with all AGI Software packages:
CONDITIONS OF USE
IMPORTANT - READ THIS BEFORE INSTALLING:
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:
- EasyCopyTM Copyright© 1989-2001, AGI autoGraph international.
Copyright© 1989-2001, AGI autoGraph international.
- EasyCopy(tm)
Copyright (c) 1989-2001, 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, Augrin, EasyAdmin, EasyCapture, EasyCGM, EasyColor, EasyConvert, EasyCopy, EasyCopy/Graphics,
EasyCopy/Page, EasyPrint, EasyQueue, EasyTech, EasyView, FleXimage, FleXprint, JPEG PRO, and Techn'X
are trademarks of Augrin Software (AGI (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.
