WireFusion Free Edition 5.0

EULA - End User License Agreement

END USER LICENSE AGREEMENT
DEMICRON SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND DEMICRON. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY DEMICRON HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. DEFINITIONS
(a) Demicron means Demicron AB and its licensors, if any. Demicron is a Swedish corporation with its principal offices located at Svetsarvgen 15, SE-171 41 Solna, Sweden, telephone +46 8 564 869 50. Demicron's web address is http://www.demicron.com. Demicron can also be contacted by e-mail at contact@demicron.com.
(b) "Software" means only the Demicron software program(s), in each case, supplied by Demicron herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
(c) "End-User Presentation" means one or more Output Files, which either contains or needs the WireFusion Player, generated by you. Examples of types of End-User Presentations include courseware, presentations, demonstration files, interactive multimedia material, interactive entertainment products and the like.
(d) "Output File" means an output file generated by you using the Software.
(e) "WireFusion Player" means that portion of the Software required in order for the End-User Presentation to operate on hardware on which the Software itself is not resident.
(g) "Educational Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only.
(h) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.
(j) "Free Version" means a version of the Software that may be used for an unlimited period of time and free of charge, even for commercial use.

2. GRANT OF LICENSE
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
(a) Subject to Section 2(b), you may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers.
(b) Portable or Home Computer Use for Software Requiring Mandatory Product Activation. For Software requiring Mandatory Product Activation, in addition to the single copy of the Software permitted in Section 2(a), the primary user of the computer on which the Software is installed may make a second copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that:
(A) the second copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), (B) the second copy of the Software is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed, and (C) the Software was not licensed under a volume discount.
(c) If the Software is the Network Version, you may install the Software on any number of computers on your LAN, and the Software may be used concurrently on different computers, connected to the LAN, up to the maximum number of floating seats licensed.
(d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes. In addition, you may make copies of the End-User Presentation, and the associated WireFusion Player, and distribute those copies; provided, however, that (i) the WireFusion Player may not be distributed or used other than as bundled with the Output File as part of the End-User Presentation, and (ii) you shall require each party to whom the End-User Presentation is distributed to agree that no title to, or ownership rights in, the WireFusion Player are transferred and that the End-User Presentation, including the WireFusion Player, shall not be reverse compiled or disassembled.
(e) You agree that Demicron may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Demicron for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
(f) Unless otherwise set forth in the documentation relating to such code and/or the Software or in a separate agreement between you and Demicron, you may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, "Sample Application Code") solely for the purposes of designing, developing and testing new functions and End-User Presentations developed by you, using the Software. You are permitted to copy and distribute the Sample Application Code (modified or unmodified). You are also permitted to copy and distribute End-User Presentations, created by you, using the Software, where the Sample Application Code is included. You agree to indemnify, hold harmless and defend Demicron from and against any loss, damage, claims or lawsuits, including attorney's fees that arise or result from the use or distribution of your application.
(g) Your license rights under this EULA are non-exclusive.

3. LICENSE RESTRICTIONS
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software or any subsequent version thereof or any part thereof.
(c) Unless otherwise provided herein, you may not directly or indirectly sell, rent, lease, give, lend, license, sublicense, or redistribute the Software.
(d) Other than with respect to a Trial Version, a Not For Resale Version, or a Free Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software.
(e) Unless otherwise provided herein, you may not modify the Software, or use macros or any other automation technologies that could extend the functionality of the Software, or create derivative works based upon the Software.
(f) Educational Versions may not be used for, or distributed to any party for, any commercial purpose.
(g) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without Demicrons prior written consent, or (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.
(h) You may only use the Not for Resale Version of the Software to review and evaluate the Software.
(i) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.
(j) You may receive the Software in more than one platform but you shall only install or use one platform.
(k) You shall not use the Software to develop any application having the same primary function as the Software.
(l) In the event that you fail to comply with this EULA, Demicron may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

5. OWNERSHIP AND RIGHTS
(a) The foregoing license gives you limited license to use the Software. Demicron retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Demicron.
(b) DEMICRON warrants that, to the best of its knowledge and information, it holds all right, title and interest in and to the Software and any and all underlying codes or other intellectual property contained within the Software.
(c) Intellectual Property Rights. The Software, the structure, organization and code embodied in the Software are the valuable and confidential trade secrets of Demicron and are protected by intellectual property laws and treaties. You agree to take all reasonable measures to protect Demicron's intellectual property rights and to abide by all applicable laws.
6. LIMITED WARRANTY AND DISCLAIMER
(a) Except with respect to any Sample Application Code, Trial Version and Not For Resale Version of the Software, Demicron warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) DEMICRON PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, DEMICRON AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. Demicron does not warrant that the Software is error-free or will operate without interruption. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. Demicron specifically disclaims any express or implied warranty of fitness for such purposes.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(e) No oral or written information or advice given by Demicron, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN.
(f) SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY, AND FROM STATE TO STATE.
7. EXCLUSIVE REMEDY
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Demicron no more than ninety (90) days following delivery to you, Demicron will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Demicron shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
8. LIMITATION OF LIABILITY
(a) NEITHER DEMICRON NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEMICRON OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) DEMICRON'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) SOME COUNTRIES AND STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY, AND FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
9. BASIS OF BARGAIN
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Demicron and you. Demicron would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Demicrons licensors.
10. CONSUMER END USERS ONLY
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
11. THIRD PARTY ACKNOWLEDGEMENTS
Certain software libraries included with the Demicron Software are free software and licensed under the terms of the GNU Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping, and handling, upon written request to Demicron. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the LGPL is included with the Demicron Software.
12. GENERAL
These terms and conditions shall be governed by and construed in accordance with the laws of Sweden. Any dispute arising out of or in connection with these terms and conditions shall be finally settled under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce by a sole arbitrator appointed by such Arbitration Institute. The arbitration shall take place in Stockholm, Sweden and shall be conducted in the English language.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Demicron to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Demicron dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: Demicron AB, Svetsarvgen 15, SE-171 41 Solna, Sweden.
Demicron and other trademarks contained in the Software are trademarks or registered trademarks of Demicron AB. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Demicrons or its licensors names or any of their respective trademarks.