In the spirit of our current blogging efforts I felt compelled to share our EULA. Particularly due to the Open Source nature of Python and our scripting solutions...that would be a blog epic in itself...perhaps next week.
GEOMAGIC, INC. END-USER LICENSE AGREEMENT
THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY, OR BOTH) AND GEOMAGIC, INC. ("GEOMAGIC"). IF YOU ARE INSTALLING OR OTHERWISE ACQUIRING THIS SOFTWARE AS PART OF YOUR JOB RESPONSIBILITIES, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND THE TERMS OF THIS AGREEMENT APPLY BOTH TO YOU AND TO THE LEGAL ENTITY THAT HAS EMPLOYED OR ENGAGED YOU.
CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO INSTALLING AND/OR USING GEOMAGIC'S SOFTWARE. BY CLICKING ON THE"I ACCEPT" BUTTON OR INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU ARE NOT LICENSED TO INSTALL OR USE THE SOFTWARE, AND YOU SHOULD CLICK ON THE"CANCEL" BUTTON AND CONTACT YOUR SUPPLIER FOR RETURN INSTRUCTIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR DEVICE TO AUTOMATICALLY CONNECT TO THE INTERNET, MAY RELY ON LICENSE KEYS, AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. USE AND ACTIVATION OF THE SOFTWARE OPERATES AS YOUR CONSENT TO TRANSMIT CERTAIN DEVICE AND/OR USER INFORMATION TO GEOMAGIC AND TO THE USE OF LICENSE KEYS.
This Agreement may only be amended by a written agreement signed by both parties; with the exception provided that updated terms may be provided to you with any upgrade delivered to you. Any conflicting terms or conditions which may accompany your order do not apply. If this Agreement is translated into a language other than English and there is a conflict of terms between the English and the other language, the English version will control (except for any officially translated non-English version included by Geomagic into the Software). You should keep a copy of this Agreement for your records.
1. CERTAIN DEFINITIONS.
1.1 "Business Partner" means a third party organization under a separately executed and written agreement with Geomagic whereby Geomagic has authorized such third party to promote, market or support the Software or offer related services. By default, a Business Partner will receive licenses restricted to Business Partner Use.
1.2 "Business Partner Use" means use of the Software by a Business Partner to provide sales, support and implementation services to Users and potential End Users of the Software for so long as Geomagic determines that the Business Partner is actively partnered with Geomagic. Licenses granted for Business Partner Use may not be used for Commercial Use (other than set forth in the prior sentence) and specifically may not be used for fee-generating work or"for profit" training classes delivered by a Business Partner.
1.3 "Commercial Use" means use of the Software in support of any fee-generating, for-profit or other commercial activities.
1.4 "Country" means the country in which you acquired the right to use the Software from Geomagic or a Business Partner. If you acquired the software from Geomagic or a Business Partner for use in a Country within the European Union ("EU") or European Free Trade Association ("EFTA"), then for purposes of this definition, Country means any country within the EU or EFTA as applicable.
1.5 "Device" means a single physical or virtual personal computer, workstation, hand-held device, server or other electronic device owned or leased by you which may be used only by a User and which accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. Each virtual computing environment you implement counts as a separate Device.
1.6 "Documentation" means the explanatory printed or electronic user manuals and other technical and"help" materials for the Software that Geomagic or a Business Partner places in the Software or delivers to you for use with the Software.
1.7 "Dongle" means a piece of hardware provided to you by Geomagic or a Business Partner which attaches to a Device and works with a License Key to allow a Device to use the Software under a Dongle License.
1.8 "Dongle License" is a license type authorizing installation of the Software on one or more Devices within your Network for use by a User solely on a Device where a Dongle has been physically attached.
1.9 "Educational Use" means use of the Software for classroom instruction as part of a degree-seeking curriculum or research by staff at an educational institution and not for Commercial Use.
1.10 "OEM Edition Use" means use of the Software designated by Geomagic as an OEM Edition, or words of similar meaning, solely and exclusively in support of the specific scanning hardware with which a Business Partner has bundled such Software.
1.11 "Install" whether or not capitalized means to place a copy of the Software onto a hard disk or any other storage medium or service through any means.
1.12 "License Key" means the license activation key generated by Geomagic and provided to you only by Geomagic or a Business Partner which identifies: (a) the Software licensed to you; (b) the Permitted Number of Devices and/or Users it may be used on or by; (c) the License Term;(d) the License Type;(e) the Usage Type; and (f) activation codes that you must input on a Device to initialize use of the Software.
1.13 "License Term" means the length of time Geomagic has granted for an applicable license as set forth in the Documentation or the period for which you have paid, whichever is shorter. The License Term begins upon first installation of the Software on a Device or within 90 days of acquiring the software, whichever is earlier. For licenses granted for Commercial, Educational or Viewing Use, the default term is perpetual. For licenses granted for Trial Use or Business Partner Use, the default terms are thirty (30) and ninety (90) days respectively.
1.14 "License Type" means either a Node Lock License, Dongle License or Network License. Geomagic's default License Type is Node Lock.
1.15 "Network" means your internal, private, proprietary computing network supporting Users located within a single Country.
1.16 "Network License" is a license to: (a) install the Software on any Devices connected to a Network onto which the Geomagic license management tool has been deployed; and (2) use the Software on up to the Permitted Number of Devices and/or with the Permitted Number of Users as reported by the Geomagic license management tool.
1.17 "Node Lock" means installation and use of the Software on a single Device.
1.18 "Permitted Number" means the number of Devices or Users authorized under a Network License as specifically identified in the Software or the Documentation. The default Permitted Number is one.
1.19 "Software" means: (a) the computer software with which this Agreement is provided including but not limited to Geomagic and third party software files provided in object-code, machine readable form as well as other computer information; (b) the Documentation and associated information; and (c) any modified versions and copies of, upgrades, updates and additions to the foregoing provided to you by Geomagic at any time and to the extent not provided under a separate written (including an electronic end user license) agreement.
1.20 "Trial Use" means use of the Software for trial and evaluation purposes and not for Commercial Use. During Trial Use, some functionality within the Software may be restricted until you acquire another type of license. A License Key authorizing Trial Use for an initial License Term of thirty (30) days is contained within most Software. Unless Geomagic authorizes an extended Trial Use by providing a new License Key, you may only use the Software for Trial Use, only once, on a single Device.
1.21 "Usage Type" means use either for Business Partner Use, Commercial Use, Educational Use, OEM Edition Use, Trial Use, or Viewing Use. The Geomagic default Usage Type is Viewing Use.
1.22 "Use" whether or not capitalized means to use or benefit from the functionality of the Software.
1.23 "User" means you or any individual who is: (a) one of your employer's full time, part-time or temporary employees or (b) an independent contractor on assignment and physically present at your place of business. In the case of an educational institution, User includes all students, faculty and staff who meet the requirements for Educational Use.
1.24 "Viewing Use" means use of the Software solely as a viewer of certain file types as enabled by the Software. The License Key authorizing Viewing Use is contained within the Software itself and does not need to be separately provided by Geomagic or a Business Partner. During Viewing Use, the majority of functionality within the Software will be restricted until you acquire another type of license.
If you rightfully obtained the Software from Geomagic or a Business Partner and for so long as you comply with the terms of this Agreement, then Geomagic grants you a non-exclusive, non-transferable license, without right of sub-license, to use in object code form only the Software in the Country, restricted to the Usage Type, with the Permitted Number of Devices and/or by the Permitted Number of Users for the License Type, and for the specified License Term as may be authorized by a License Key (the"License"). Termination of the License for any reason shall not terminate the other terms of this Agreement. You may make and retain reasonable copies of the Software solely for backup or archival purposes and so long as not used.
3. ALL RIGHTS RESERVED.
Software is licensed, not sold, to you pursuant to this Agreement. Geomagic and its suppliers reserve all rights not expressly granted and retain ownership of the Software and all associated intellectual property rights. The Software is protected by various intellectual property laws in the United States and other countries as well as international treaty provisions. The structure, organization and code, including source code, of the Software are the valuable trade secrets and confidential information of Geomagic and its suppliers. No right or license, express or implied, is granted in this Agreement for use of any Geomagic trade names, trademarks or service marks. You agree to use the Software in accordance with the Documentation and as authorized by the License Key as well as any associated license manager software provided as part of, or used in connection with, the Software.
Any usage of the Software outside the scope of the applicable License grant constitutes an infringement of Geomagic's intellectual property rights as well as a material breach of this Agreement.
4.1 Use. You may not install, access, copy or otherwise use the Software except as expressly authorized in this Agreement.
4.2 Reverse Engineering. You may not disassemble, decompile or otherwise reverse engineer the Software in order to discover the source code or related proprietary information and trade secrets, or have a third party do so, except to the extent expressly permitted by applicable law notwithstanding this limitation and then only in order to achieve interoperability with the Software.
4.3 Notices. You may not remove, alter, or obscure any proprietary notices, labels or marks from the Software.
4.4 Derivative Works. You may not modify, translate, adapt, arrange or create derivative works based on the Software.
4.5 Bypass of License Restrictions. You may not utilize any software, equipment or other means to circumvent or remove any form of copy and license management protection used by Geomagic to monitor Software use, or use the Software together with any code, serial number or activation code obtained from any source other than Geomagic or
4.6 Use After License Term. You may not use the Software after expiration of the License Term.
4.7 Transfers. You may not distribute, rent, loan, lease, sublicense or otherwise transfer or assign all or any portion of the Software, or any rights granted in this Agreement, to any third party without Geomagic's prior written consent. You may transfer the Software licensed for Commercial Use and the rights granted under this Agreement to a different Device internal to your organization and within the Country provided you first completely remove the Software from all prior Devices. Transfers of the Software outside of the Country in which you originally and lawfully obtained the right to use it with a License Key are not permitted under any circumstances. In order to accomplish an internal transfer you may have to contact Geomagic and fees may apply.
4.8 Use Outside of Country. You may not use the Software, including under a Network License, outside of the Country in which you acquired the right to use the Software.
4.9 Multiplexing. Use of software or hardware that reduces the number of electronic devices directly monitored or managed by the Software or directly using the Software (sometimes called"multiplexing" or"pooling" software or hardware) does not reduce the number of licenses required. You are required to have licenses for the Permitted Number of distinct inputs to the multiplexing or pooling hardware/software"front end".
4.10 Extension of Capabilities. You may develop your own applications that interoperate or integrate with the Software subject to the terms of this Section 4.10. Geomagic prices its Software, among other factors, based on capabilities that we expose to you. You may not extend the Software to enable or unlock capabilities of the Software not specifically identified by Geomagic as forming part of the specified end user functionality.
4.11 Separation of Components. The Software is licensed as a single application. Component parts of the Software may not be separated or installed or used on multiple Devices.
4.12 Time Sharing and Automated Use. You may not use the Software in an automated, unattended, non-interactive server application or component where: (i) multiple User requests from different Users are queued for processing; or (ii) multiple requests from one User are queued for processing but acting against content created or edited by other Users. Examples which would violate this Section include but are not limited to use as an automated file translation service.
4.13 Competitive Evaluation. Unless specifically authorized by Geomagic in writing, if you are a competitor to Geomagic's business, you may not use the Software for competitive evaluation.
5. UPDATES AND UPGRADES. You may not use any Software identified as an update or upgrade unless you are properly licensed to use Software which Geomagic has identified as being eligible for such update or
upgrade as applicable. Updates and upgrades may only be provided to you if you are under an active maintenance agreement with Geomagic or if you have paid the applicable fees for such update or upgrade. After you install such update or upgrade, you may continue to use any such previous version in accordance with its end-user license agreement only if: (a) the upgrade or update and all previous versions are installed on the Device; (b) the previous versions or copies thereof are not transferred to another party or Device unless all copies of the update