EULA – Designite
Copyright (C) 2014- Designite
IMPORTANT- READ CAREFULLY: This Designite End-User License Agreement (“EULA”) is a legal agreement between you, a developer of software applications, (“Developer End User”) and Designite for all Designite products, controls, source code, demos, intermediate files, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”) contained in this installation file.
Designite grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE PRODUCT for the sole purposes of designing, developing, testing, and deploying application programs which you create. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, OR EVALUATE, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold. If you are an individual, you must acquire an individual license for the SOFTWARE PRODUCT from Designite or its authorized resellers. If you are an entity, you must acquire an individual license for each Developer End User and each Machine Running the SOFTWARE PRODUCT within your organization from Designite or its authorized resellers. Both Virtual and Physical Machines Running the SOFTWARE PRODUCT must be counted in the SOFTWARE PRODUCT Machine licenses quantity of the organization.
If the SOFTWARE PRODUCT you have obtained is marked as a “TRIAL”, you may install one copy of the SOFTWARE PRODUCT for testing purposes.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE PRODUCT is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any Designite intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
This EULA, if legally executed as defined herein, licenses and so grants the following rights:
SOFTWARE PRODUCT for a single individual Developer End User – Developer End User may install and use the SOFTWARE PRODUCT on a single computer.
You may not reverse engineer, decompile, create derivative works, translate, or disassemble the SOFTWARE PRODUCT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE PRODUCT or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
The SOFTWARE PRODUCT is licensed as a single PRODUCT. The SOFTWARE PRODUCT and its constituent parts may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the SOFTWARE PRODUCT, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity without prior written approval from Designite. Only you as the licensed Developer End User have the right to use the SOFTWARE PRODUCT (or any portions thereof). You may not reproduce or distribute any Designite documentation without Designite’s explicit permission.
You are not authorized to redistribute any portion of the SOFTWARE PRODUCT. AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR SOFTWARE PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH Designite SOFTWARE PRODUCT WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE PRODUCT contained within this installation.
If the SOFTWARE PRODUCT is labelled as an upgrade, you must be properly licensed to use the SOFTWARE PRODUCT identified by Designite as being eligible for the upgrade. A SOFTWARE PRODUCT labelled as an upgrade replaces and/or supplements the SOFTWARE PRODUCT that formed the basis for your eligibility for the upgrade, and together constitutes a single PRODUCT. You may use the resulting upgraded PRODUCT only in accordance with all the terms of this EULA.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any copywritten images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT the accompanying printed materials, and any copies of the SOFTWARE PRODUCT) are owned by Designite. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT as described in this EULA.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the medium, you may use only one medium that is appropriate for your single computer. You may not loan, sell, rent, lease, or otherwise transfer in any manner the other medium to another user or entity.
Designite expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DESIGNITE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. No oral or written information or advice given by Designite or its employees shall create a warranty or in any way increase the scope of this warranty.
To the maximum extent permitted by applicable law, in no event shall Designite be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Designite has been advised of the possibility of such damages.
Developer End User understands that the SOFTWARE PRODUCT may produce inaccurate results because of a failure or fault within the SOFTWARE PRODUCT or failure by Developer End User to properly use and or deploy the SOFTWARE PRODUCT. Developer End User assumes full and sole responsibility for any use of the SOFTWARE PRODUCT, and bears the entire risk for failures or faults within the SOFTWARE PRODUCT. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND DESIGNITE’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL DESIGNITE’S LIABILITY EXCEED THE PRICE PAID TO DESIGNITE FOR THE SOFTWARE PRODUCT. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE PRODUCT.
Designite may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by Designite policies and programs described in the user manual, in “on line” documentation and/or other Designite provided materials. Any supplemental SOFTWARE PRODUCT provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Designite as part of the Support Services, Designite may use such information for its business purposes, including for SOFTWARE PRODUCT support and development. Designite will not utilize such technical information in a form that personally identifies you.
All prices for SOFTWARE PRODUCT on the Designite website are shown without any indirect taxes. The sum of all the applicable local taxes shall be added to the final invoice sum issued by Designite at the moment of purchase.
The Developer End User shall pay all taxes and duties, including value added taxes, sales taxes, and any other taxes or duties as required by any jurisdiction or country of their residence as a result of this license which is granted to the Developer End User to use any of the Image(s), according to this Agreement.
Designite may collect the SOFTWARE PRODUCT behavior and users’ usage patterns. All the collected information is intended to be anonymous information that does not disclose the identity of the users’ or their software being analyzed by the SOFTWARE PRODUCT. By installing and using this software, you consent to these information collection and usage terms.
This EULA shall be construed, interpreted and governed by the laws of India. This EULA gives you specific legal rights; you may have others that vary from country to country.
This EULA may only be modified in writing signed by you and an authorized officer of Designite. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
Designite reserves all rights not specifically granted in this EULA.
ACKNOWLEDGEMENTS. Developer End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact Designite for any reason, please contact us directly at: contact at Designite-tools dot com