PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GRAPHIC REMEDY gDEBUGGER PROGRAM. GRAPHIC REMEDY WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY INSTALLING AND USING GRAPHIC REMEDY gDEBUGGER YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST DELETE THE PROGRAM FROM YOUR HARDWARE AND PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY FROM WHOM YOU ACQUIRED IT.
The ôProgramö is owned by Graphic Remedy, Ltd. and is licensed not sold.
The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.
THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE. THE TERMS OF THE LICENSE ARE THOSE PUBLISHED HEREWITH.
License
This software program (the "Graphic Remedy Software") and the accompanying files, lists and data (the "Documentation") are licensed, not sold, to you. The term "Graphic Remedy Software" shall also include any updates of the Graphic Remedy Software licensed to you by Graphic Remedy. Other code (ôOpen Source Softwareö) that is distributed pursuant to an open source license agreement (ôOpen Source Licenseö) is also provided. For the avoidance of doubt, the term ôGraphic Remedy Softwareö shall not include Open Source Software. Subject to the terms of this Software License Agreement, you have a perpetual, non-exclusive and non-transferable right to use the Graphic Remedy Software and Documentation. You may use the Graphic Remedy Software on a number of computers, in accordance to and not exceeding the number of concurrent installations stated in the purchase order (the "Purchase Order") of the Graphic Remedy Software. The Graphic Remedy Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard drive, or other storage device) of that computer. You may also use the Graphic Remedy Software on a portable or home computer.
You agree to use your best efforts to prevent misuse of the Graphic Remedy Software and protect the contents of the Graphic Remedy Software and Documentation from unauthorized disclosure or use. Graphic Remedy reserves all rights not expressly granted to you.
Limitation on Use
You may not, directly or indirectly: modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Graphic Remedy Software; or copy (except for archival purposes as set forth above), rent, lease or, distribute rights to the Graphic Remedy Software; use the Graphic Remedy Software for timesharing or service bureau purposes; or remove any proprietary notices or labels on the Graphic Remedy Software.
As a condition to your use of the Graphic Remedy Software, you agree that you will not use the Software for illegal purposes. By installing the Software, you take full responsibility for ensuring that your activities with the software are fully legal and compliant with any applicable law.
Transfer of Rights
You may transfer your rights under this Software License Agreement on a permanent basis provided you transfer all copies of the Graphic Remedy Software and all written materials, and the recipient agrees to the terms of this Software License Agreement. The transfer of your license rights and obligations terminates your authorization to use the Program.
Title
As between the parties, title, ownership rights, and intellectual property rights in and to the Graphic Remedy Software, and any copies or portions thereof, shall remain in Graphic Remedy and its suppliers, licensors and resellers. The Graphic Remedy Software is protected by the Copyright Laws of the United States and by international copyright treaties. Title, ownership rights, and intellectual property rights in and to any software, data, information, text, pictures, images, or other content accessed through the Graphic Remedy Software, including, but not limited to the Open Source Code, is the property of the applicable owner and may be protected by applicable copyright or other law.
Ownership
All title and copyrights in and to the Graphic Remedy Software (including but not limited to any images, photographs, animations, video, audio, music and text), the accompanying printed materials, and any copies of the Graphic Remedy Software are owned by Graphic Remedy, Ltd. or its suppliers. The Graphic Remedy Software is protected by the Copyright laws of the United States and by international treaty provisions. Therefore, you must treat the software program like any other copyrighted material. You may not copy the printed materials accompanying the Graphic Remedy Software.
Disclaimer of Warranty
THE GRAPHIC REMEDY SOFTWARE AND THE OPEN SOURCE SOFTWARE, AND ANY SERVICES THAT YOU RECEIVE FROM GRAPHIC REMEDY ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. GRAPHIC REMEDY AND ITS SUPPLIERS, LICENSORS AND VENDORS (INCLUDING BUT NOT LIMITED TO THE OPEN SOURCE LICENSORS), HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE GRAPHIC REMEDY SOFTWARE, THE OPEN SOURCE SOFTWARE AND THE ACCOMPANYING PRODUCT MANUAL(S) AND WRITTEN MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
You assume the entire risk as to the quality and performance of the Graphic Remedy Software. Graphic Remedy assumes no liability for the cost of any service or repair if the Graphic Remedy Software is defective.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL GRAPHIC REMEDY, ITS LICENSORS, SUPPLIERS OR RESELLERS (INCLUDING BUT NOT LIMITED TO THE OPEN SOURCE LICENSORS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, NCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL GRAPHIC REMEDY, ITS LICENSORS, SUPPLIERS OR RESELLERS (INCLUDING, BUT NOT LIMITED TO THE OPEN SOURCE LICENSORS) BE LIABLE FOR ANY DAMAGES IN EXCESS OF GRAPHIC REMEDY'S LIST PRICE FOR A LICENSE TO THE GRAPHIC REMEDY SOFTWARE, EVEN IF GRAPHIC REMEDY, OR ITS SUPPLIER, LICENSOR OR VENDOR, SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
Termination
In the event of your material breach of any term of this Software License Agreement, Graphic Remedy may, at its sole discretion, terminate this Software License Agreement, the license granted herein, and your right to use or access the Graphic Remedy Software at any time. On termination, you must destroy all copies of the Graphic Remedy Software.
Miscellaneous
This Software License Agreement and the terms stated in the invoice, where available, represent the complete agreement concerning this license between the parties and supersede all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Software License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
Governing Law
The laws of the country in which you acquire the Program govern this Agreement, except 1) in Australia, the laws of the State or Territory in which the transaction is
performed govern this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and
Federal Republic of Yugoslavia, the laws of Austria govern this Agreement; 3) in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico, and People's Republic of China, the laws
