DIGIMARC IMAGEBRIDGE(TM) READER FOR WINDOWS END-USER LICENSING AGREEMENT
BETWEEN: Digimarc Corporation, an Oregon Corporation located at 19801 SW 72nd Ave, Suite 100, Tualatin, Oregon 97062 USA ("Digimarc")
AND: You ("You")
EFFECTIVE DATE: The date You accept the Agreement.
Digimarc would like to license to You, free of charge, Digimarc ImageBridge(TM) reader for Windows software, which includes computer software and may include on-line or electronic documentation, (software and documentation collectively called "Digimarc ImageBridge reader for Windows"), that will give You the ability to read Digimarc digital watermarks ("Watermarks") that many image owners embed in their images.
By installing or otherwise using Digimarc ImageBridge reader for Windows, you agree to be bound by the terms of the Agreement. If you do not agree, you are not authorized to use the Digimarc ImageBridge reader for Windows software.
1. ACCEPTANCE OF AGREEMENT: ELECTRONIC SIGNATURE. By clicking the "Accept" button and accepting the Agreement, You agree to, and will be deemed to, have signed the Agreement, as if you signed a written agreement in hard copy. You will from that moment enjoy the benefits of the license described herein and will be subject to its restrictions.
2. LICENSE. Digimarc hereby grants You a non-exclusive license to use Digimarc ImageBridge reader for Windows to read digital Watermarks in images that contain Watermarks, subject to the following restrictions:
3. PERSONAL. This license is given to You only, and not to any other person or entity. You may not transfer the license to any other person or entity, or grant any sublicenses.
4. DOWNLOAD: You may download Digimarc ImageBridge reader for Windows to all the computers you work with, in your office or in your home, so long as it is only You who uses Digimarc ImageBridge reader for Windows. You may not download Digimarc ImageBridge reader for Windows for use on shared network drives without the proper enterprise license or the express consent of Digimarc.
5. COPYING, REVERSE ENGINEERING. You may make one copy of Digimarc ImageBridge reader for Windows for archival purposes, and such copy will be subject to all the restrictions set forth in this Agreement. You agree that You will not otherwise copy, replicate, modify, adapt, translate, alter, decompile, disassemble, reverse-engineer, or create derivative works in whole or in part from, Digimarc ImageBridge reader for Windows. If you create any derivative works in violation of this paragraph, such works will belong, and you hereby assign all rights and title to such derivative works, to Digimarc.
6. OWNERSHIP, AUTHORITY. Digimarc has a proper license or title to all aspects of Digimarc ImageBridge reader for Windows, and has the full power and authority to grant this license. You agree that you will not challenge any aspect of Digimarc's rights in Digimarc ImageBridge reader for Windows.
7. TERMINATION. If you fail to comply with the terms and restrictions of this Agreement, the license automatically terminates, whether Digimarc communicates this fact to You or not. Use of Digimarc ImageBridge reader for Windows after termination will violate Digimarc's intellectual property rights under U.S. federal law and will be subject to penalties.
8. WARRANTY. DIGIMARC DOES NOT WARRANT DIGIMARC IMAGEBRIDGE READER FOR WINDOWS AND YOU ACCEPT IT "AS IS." DIGIMARC HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO INFORMATION CONVEYED BY THE INTERNET, YOU UNDERSTAND THAT CURRENT TECHNOLOGY DOES NOT ALLOW FOR COMPLETE TRANSMISSION SECURITY, AND YOU ASSUME THE RISK THAT DATA MAY BE INTERCEPTED BY THIRD PARTIES.
9. LIABILITY LIMITATIONS. DIGIMARC WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM LOSS OF DATA OR USE, LOST PROFITS, INTERRUPTION OF BUSINESS, OR ANY OTHER INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR THE OPERATION OF THE DIGIMARC IMAGEBRIDGE READER FOR WINDOWS.
10. INDEMNITY FOR INFRINGEMENT. Because many factors beyond Digimarc's control may affect the quality and accessibility of a Watermark (for example reproduction of an image by an independent party), and because Watermarking technology is continually developing, You use Digimarc ImageBridge reader for Windows at your own risk, fully acknowledging that failure to detect a Watermark in an image with Digimarc ImageBridge reader for Windows is not an assurance that such image does not contain a Watermark or is not otherwise copyrighted. Accordingly, You agree to indemnify Digimarc and hold Digimarc harmless against any claims, losses, liability, and any other expenses, including attorney's fees, that relate to Your use of Digimarc ImageBridge reader for Windows, including, without limitation, claims that Your use of an image infringes the intellectual property rights of a third party.
11. NOTICES. Notices to Digimarc shall be sent by registered, pre-paid, certified mail, return receipt requested, to Digimarc's address listed above or Digimarc's then-current address as posted on Digimarc's web site at http://www.digimarc.com. Notice is effective when received or when the return receipt shows the notice was rejected or marked undeliverable.
12. EXPORT RULES. You agree 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 ìExport Lawsî). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
13. SEVERABILITY. If any provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, every other provision of the Agreement shall remain in full force and effect.
14. COMPLETE AGREEMENT. This Agreement is the complete agreement between the parties as to its subject matter, and supersedes all earlier agreements or discussions regarding Digimarc ImageBridge reader for Windows. It may be modified only in writing signed by both parties.
QUESTIONS. If you have questions concerning this agreement, please contact Digimarcís Customer Care group at 1-877-477-9992 or via email at helpdesk@digimarc.com.
(C) 1996-2002 Digimarc Corporation. All rights reserved.
