|
"PSYKINEMATIX iGLWIDGETS COLLECTION" END USER LICENSE AGREEMENT |
IMPORTANT NOTE
Please read this END USER LICENSE AGREEMENT carefully before downloading or using any portion of the Software. If you do not read and agree to be bound by all terms and conditions defined in this document, you are not permitted to download, use, or distribute the Software or any portion of it.
DEFINITIONS
The following definitions apply to the terms and conditions included in this EULA. The term “Software” means the Psykinematix iGLWidgets Collection, its components (“widgets”), all program files, source code, examples, media, and documentation which are part of the Software package, as well as any portion of them. The term “Provider” means KyberVision Japan LLC.
TERMS OF AGREEMENT
This is a legal agreement between you and the Provider of the Software. By downloading or using any portion of the Software, you are consenting to be bound by this agreement. This Agreement sets forth the entire agreement between parties and supersedes all prior written and oral agreements or communications, negotiations, representations, and promises between them. If you do not agree to all provisions of this agreement you may not use the Software, or any portion of it, for any purposes. If any provision of this agreement is invalid or unenforceable under applicable law, the remaining provisions of this agreement will remain valid and fully enforceable.
The Provider grants you a non-exclusive, free-of-charge and non-revocable license to use and distribute the Software or its components (“widgets”), for designing, developing, and deploying scientific, teaching or educational materials and websites you create.
The Software is copyrighted and protected by copyright laws and international treaties. You cannot sublicense the Software unless you obtain explicit permission from the Provider through an OEM license contract. All rights not expressly granted by this agreement are reserved.
REDISTRIBUTABLE MODULES
The Software includes redistributable files (“widgets”) intended for use by you and distribution by you to the end users of scientific, teaching or educational materials and websites you create that include the widgets. All HTML, JavaScript, CSS, text and image files included in the widgets are integral part of the Software. Subject to all provisions and conditions of this EULA, you may distribute and include the widgets in your scientific, teaching or educational materials and websites, provided that all widgets are made of the original widgets included in the Software or modified versions provided by the Provider.
ROYALTY-FREE LICENSING
The “Provider” does not charge royalty fees for the widgets freely available in the Software. Subject to all provisions and conditions of this EULA, you may distribute royalty-free copies of the widgets of the Software with your scientific, teaching or educational materials and websites.
INTELLECTUAL PROPERTY
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are property of the Provider. You shall not modify, translate, reverse engineer, un-minify, decompile or disassemble the Software or any portion of it or attempt to derive source code or create derivative works. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices related to the Software or any portion of it. You must not remove copyright headers, links and markings from any files included in the Software or any portion of it. You must obtain a permission by the Provider if you need to incorporate the Software or any portion of it in open source projects.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE OR ANY PORTION OF IT IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. THE PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT. THE PROVIDER DOES NOT WARRANT THAT THE SOFTWARE AND ITS FUNCTIONALITY, RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. YOU UNDERSTAND THAT THE SOFTWARE MAY PRODUCE INACCURATE OR INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY YOU TO PROPERLY USE THE SOFTWARE. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SOFTWARE AND BEAR THE ENTIRE RISK FOR SUCH ERROR AND FAILURES. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF ACTION, THE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
DOWNLOAD OF THE SOFTWARE
Genuine copies of the Software are available for download exclusively and only from the Provider’s web site at www.psykinematix.com/widgets/. If you obtain the Software from another source we encourage you to avoid using it, replace it with a copy from the Provider’s web site, and notify the Provider. If you want to encourage others to use the Software you may do so by providing a link to the Provider’s web site.
SEVERABILITY
In the event that any section or any part of any section of this agreement, or this agreement as it applies to any persons or under any circumstances, should be adjudged invalid, such adjudication shall not affect or impair the validity of the remainder of this agreement, or the agreement as it applies to other persons, and under other circumstances.
TERMINATION
The Provider may terminate this EULA upon your failure to comply with all terms and conditions of this EULA. As a result the Provider will cancel your license(s). You must immediately stop using the Software upon termination and remove all of its components from any and all applications or other derivative work developed by you. Termination of this agreement will not limit any other rights of the Provider. Any provision of this agreement that is intended to survive termination of this agreement will survive termination.
EXPORT REGULATIONS
The Software may be subject to export or import regulations, and you agree to comply strictly with all such laws and regulations.
If you have any questions regarding this EULA, please contact us by e-mail.