END-USER LICENSE AGREEMENT FOR AGISOFT METASHAPE PROFESSIONAL VERSION 2.3
===============================================================================
IMPORTANT! PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION:
AgiSoft End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a legal entity) and AgiSoft LLC (referred to as
"LISENSOR") for the AgiSoft's proprietary computer program (identified above)
and related documentation, printed materials and/or "online" or electronic
documentation, (this program and documentation, as well as any updates which
may at LICENSOR'S sole discretion be provided to you from time to time, are
referred to in this EULA as "PROGRAM"). By installing, copying, or otherwise
using the PROGRAM, you agree to be bound by the terms of this EULA. This EULA
represents the entire agreement concerning the PROGRAM between you and AgiSoft
LLC, and it supersedes any prior proposal, representation, or understanding
between the parties. If you do not agree to the terms of this EULA, do not
install and/or use the PROGRAM.
1. GRANT OF LICENSE
LICENSOR hereby grants you a non-exclusive, non-transferable right to install
and use the PROGRAM: (a) worldwide, (b) during the term of the license in
compliance with your license type, (c) within the license scope relevant to
your license type, (d) subject to the terms and conditions of this EULA.
2. LICENSE TYPES
2.1. Rehostable Node-Locked Licenses
Rehostable node-locked licenses are tied to the computer hardware, but can be
transferred to another computer if needed. If you are to transfer the license,
replace major system components or reinstall operating system, you should
deactivate the PROGRAM first and then activate it on the new/renewed system.
The number of activation/deactivation operations is not effectively limited for
manual license transfer scenarios. However, technical possibility to transfer a
node-locked license to a new computer should not be exploited in automated
scenarios involving activation/deactivation of the license on regular basis.
Excessive usage of activation/deactivation mechanism may result in the
situation when user gets blocked in the activation system.
2.1.1. Node-Locked License
With a Node-Locked License LICENSOR grants you a non-exclusive, non-
transferable right to install and use the PROGRAM: (a) worldwide; (b) during a
non-limited period of time unless otherwise indicated by LICENSOR on providing
the license key; the term of the license mentioned above can be terminated on
conditions stated in the Section 9 of this EULA; (c) for commercial and non-
commercial purposes; (d) subject to the terms and conditions of this EULA. You
may activate the PROGRAM on only one device at a time and use it in executable
form only.
2.1.2. Node-Locked Educational License
With a Node-Locked Educational License LICENSOR grants you a non-exclusive,
non-transferable right to install and use the PROGRAM: (a) worldwide; (b)
during a non-limited period of time unless otherwise indicated by LICENSOR on
providing the license key; the term of the license mentioned above can be
terminated on conditions stated in the Section 9 of this EULA; (c) for
educational and research purposes; the PROGRAM, executed under educational
license, including any materials created with the help of it shall not be used
for commercial purposes; (d) subject to the terms and conditions of this EULA.
You may activate the PROGRAM on only one device at a time and use it in
executable form only.
2.2. Floating Licenses
With a floating license the PROGRAM can be installed on as many computers as
desired; however, at any one time, can only be run on the maximum number of
computers for which licenses have been purchased. The computers should be
connected to the designated network. One computer or computing device shall be
designated as the "license server" where the license server utility is
installed and all other devices will require access to the license server to
run the PROGRAM.
2.2.1. Floating License
With a Floating License LICENSOR grants you a non-exclusive, non-transferable
right to install and use the PROGRAM: (a) worldwide; (b) during a non-limited
period of time unless otherwise indicated by LICENSOR on providing the license
key; the term of the license mentioned above can be terminated on conditions
stated in the Section 9 of this EULA; (c) for commercial and non-commercial
purposes; (d) subject to the terms and conditions of this EULA. You may use the
PROGRAM in executable form only.
2.2.2. Floating Educational License
With a Floating Educational License LICENSOR grants you a non-exclusive, non-
transferable right to install and use the PROGRAM: (a) worldwide; (b) during a
non-limited period of time unless otherwise indicated by LICENSOR on providing
the license key; the term of the license mentioned above can be terminated on
conditions stated in the Section 9 of this EULA; (c) for educational and
research purposes; the PROGRAM, executed under educational license, including
any materials created with the help of it shall not be used for commercial
purposes; (d) subject to the terms and conditions of this EULA. You may use the
PROGRAM in executable form only.
2.3. Trial Licenses
2.3.1. Node-Locked Trial License
With a Node-Locked Trial License LICENSOR grants you a non-exclusive, non-
transferable right to install and use the PROGRAM: (a) worldwide; (b) during 30
(thirty) days after the first activation of the PROGRAM with the trial license
key; the term of the license mentioned above can be terminated on conditions
stated in the Section 9 of this EULA; (c) for evaluation purposes; the PROGRAM,
executed under trial license, including any materials created with the help of
it shall not be used for commercial purposes; (d) subject to the terms and
conditions of this EULA. You may activate the PROGRAM on only one device and
use it in executable form only.
2.3.2. Floating Trial License
With a Floating Trial License LICENSOR grants you a non-exclusive, non-
transferable right to install and use the PROGRAM: (a) worldwide; (b) during 30
(thirty) days after the first activation of the PROGRAM with the trial license
key; the term of the license mentioned above can be terminated on conditions
stated in the Section 9 of this EULA; (c) for evaluation purposes; the PROGRAM,
executed under trial license, including any materials created with the help of
it shall not be used for commercial purposes; (d) subject to the terms and
conditions of this EULA. The PROGRAM can be installed on as many computers as
desired; however, at any one time, can only be run on the maximum number of
computers for which licenses have been received. You may use the PROGRAM in
executable form only.
2.4. Demo Mode
The PROGRAM can be used in demo mode without any license key. With a Demo
License LICENSOR grants you a non-exclusive, non-transferable right to install
and use the PROGRAM: (a) worldwide; (b) during a non-limited period of time
unless otherwise stated in a EULA for any subsequent version of the PROGRAM;
(c) according to the restricted functionality as defined for the demo mode; the
PROGRAM, executed under Demo license, including any materials created with the
help of it shall not be used for commercial purposes; (d) subject to the terms
and conditions of this EULA. You may use the PROGRAM in executable form only.
3. LIMITATION OF LICENSE, RESTRICTIONS AND REQUIREMENTS
(a) Maintenance of Proprietary Notices
You may not alter, remove, or obscure any copyright, trade secret, patent,
trademark, logo, proprietary and/or other legal notices on or in copies of the
PROGRAM.
(b) Reverse Engineering
The PROGRAM contains Qt and PySide libraries licensed under the GNU Lesser
General Public License version 3. Under the terms of the GNU LGPLv3 you may
reverse engineer those portions of the PROGRAM that link with and utilize Qt
and PySide, but only to the extent needed for the purpose of debugging your
modifications to Qt and PySide. You may not decompile, disassemble, reverse
engineer, or otherwise attempt to gain access to its methods of operation or to
derive the source code of the PROGRAM for any other purpose.
(c) No Transfer
You may not redistribute, encumber, sell, rent, lease, sublicense, assign or
otherwise transfer your rights in the PROGRAM, nor transfer license key
information to any third party.
(d) No Hosting or Third Party Use
You may not make the PROGRAM available to third parties via the Internet on
your computer system or otherwise, including, without limitation, use in
connection with a web hosting or similar service.
(e) No Automated Processing Service
You may not use the PROGRAM in any kind of automated processing service,
irrespectively of how many components comprise the service.
(f) Use in a Virtualized Environment
If you use virtualization software, including without limitation client hyper-
v, to create one or more virtual computers on a single computer hardware
system, each virtual computer, and the physical computer, is considered a
separate computer for purposes of this EULA. If you want to use the PROGRAM on
more than one virtual computer, you must obtain separate copies of the PROGRAM
and a separate license for each copy.
4. TITLE AND OWNERSHIP
All title, including but not limited to copyright, in and to the PROGRAM and
any copies thereof are owned by AgiSoft LLC. This EULA grants you no title or
ownership rights in the PROGRAM.
5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
(a) THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE.
LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET
YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
LICENSOR MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE
TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH
COMPUTER PROGRAM. LICENSOR FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR
REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.
(b) LICENSOR shall not be liable for special, indirect, incidental,
consequential (including , but not limited to, lost profit or the loss of data
or information of any kind, however caused, or failure of any licensed software
to work or perform in any way) or other damages based in contract, tort or
otherwise with respect to any claim on account of or arising from this EULA or
use of or inability to use the PROGRAM, even if LICENSOR has been or is
hereafter advised of the possibility of such damages. In no event total
liability hereunder shall exceed the amount paid by you for this license.
LICENSOR does not indemnify you in any way against anything.
6. SUPPORT SERVICES
LICENSOR provides you with e-mail based support for a period of 12 months after
the first activation of the PROGRAM with a duly acquired license key, provided
that the license key term has not expired, nor has the license been terminated
by the date of the support request. Any supplemental software code provided to
you as part of the support services shall be considered part of the PROGRAM and
subject to the terms and conditions of this EULA, unless otherwise agreed in
writing by the parties.
7. UPDATES
You are also granted rights to use any updates of the PROGRAM versions 2.x.x,
which LICENSOR makes generally available for download, free of charge. The
current EULA shall not entitle you to updates to later versions of the PROGRAM
(e.g., versions 3.x.x or later) nor to upgrades to separate products.
8. FEEDBACK
It is not obligatory for you to provide LICENSOR with any comments, suggestions
or other feedback ("Feedback") about the PROGRAM. However, if the Feedback is
provided by you, LICENSOR gets the right to use the Feedback to improve the
PROGRAM. In order to support this right of the LICENSOR, with this EULA you
grant to LICENSOR a non-exclusive, worldwide, irrevocable, perpetual, royalty-
free license to, directly or indirectly, use, reproduce, license, sublicense,
distribute, make, have made, sell and otherwise commercialize the Feedback in
the PROGRAM or other LICENSOR's products and technologies. You further agree
NOT to provide any Feedback that (a) you know is subject to any Intellectual
Property Rights of any third party or (b) is subject to license terms which
seek to require any products incorporating or derived from such Feedback, or
other LICENSOR's intellectual property, to be licensed to or otherwise shared
with any third party.
9. TERMINATION
If you at any time fail to abide by the terms of this EULA, LICENSOR shall have
the right to immediately terminate the license (right to use the PROGRAM)
granted herein, require the return or destruction of all copies of the PROGRAM
from you and certification in writing as to such return or destruction, and
pursue any other legal or equitable remedies available.
