Licence agreement
END USER LICENCE AGREEMENT FOR USING IIT SOFTWARE
IMPORTANT-READ CAREFULLY!
This IIT End-User License Agreement (''EULA'') is a legal agreement between you (either an individual or a single entity) and IIT for the software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE or any UPDATES (as defined below), you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE. You may, however, return it to your place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE that you receive separately as part of the SOFTWARE ("UPDATES"), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. NOTE: The terms of a printed, paper EULA which may accompany the SOFTWARE supersede the terms of any on-screen EULA found within the SOFTWARE.
1. LICENSE TO USE SOFTWARE
a) General License Grant
IIT grants to you as an individual, a personal, nonexclusive license to make and use one copy of the SOFTWARE. You may install one copy of the SOFTWARE on one additional mobile PC provided that you are the only individual using the SOFTWARE. If you are an entity, IIT grants you the right to designate one individual within your organization to have the sole right to use the SOFTWARE in the manner provided above.
b) Documentation
This EULA grants you, as an individual, a personal, nonexclusive license to make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond the user's premises and with the following exception: you may distribute documentation identified in the IIT Discovery on-line manual beyond user's premises.
c) Storage/Network Use
You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on computers used by a licensed end user in accordance with Section 1.a) General License Grant. A single license for the SOFTWARE may not be shared or used concurrently by other end users.
d) Components
Components that you receive as part of the SOFTWARE may include a separate end-user license agreement (each, a "Component EULA"). Except as provided in Section 6, in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control.
2. REDISTRIBUTABLE CODE-ADDITIONAL LICENSE RIGHTS
In addition to the rights granted in Section 1, certain portions of the SOFTWARE, as described in this Section 2, are provided to you with additional license rights provided that you comply with the terms of Section 3.a).
a) Sample Data
IIT grants you the right to use and modify the sample data version of those portions of the SOFTWARE identified as "Samples" in the SOFTWARE ("Sample Data") for the sole purposes of adjusting your software product(s) to your needs, and to reproduce and distribute the Sample Data, along with any modifications thereof, only in encrypted data form.
b) Redistributable Data
IIT grants you a nonexclusive, royalty-free right to reproduce and distribute the encrypted data form of any portion of the SOFTWARE ("Redistributable Data"). NOTE: certain Redistributable Data may be subject to the restrictions in Section 2.c) if it is also identified as "Limited Use Redistributable Data."
c) Redistributable Data-Limited Use
Provided that you ALSO comply with the terms of Section 2.a), IIT grants you a nonexclusive, royalty-free right to reproduce and distribute the encrypted data form of those portions of the SOFTWARE as Limited Use Redistributable Data ("Limited Use Redistributable Data").
3. DISTRIBUTION REQUIREMENTS; LICENSE RESTRICTIONS
If you are authorized and choose to redistribute Sample Data, Redistributable Data and/or Limited Use Redistributable Data (collectively, the "Redistributables") as described in Section 2, you agree to: (a) distribute the Redistributables in encrypted data form only in conjunction with and as a part of a SOFTWARE accompanying this EULA that adds significant and primary functionality to the SOFTWARE ("Licensed Product"); (b) not use IIT's name, logo, or trademarks to market the Redistributables; (c) include a valid copyright notice on the Licensed Product; (d) indemnify, hold harmless, and defend IIT from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Licensed Product; (e) include "Copyright <year> www.iit.com.hr" in all IIT Redistributables used within your program(s); (f) otherwise comply with the terms of this EULA; and (g) agree that IIT reserves all rights not expressly granted. You also agree not to permit further distribution of the Redistributables by your end users except: (1) you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensed Product and you and your distributors comply with all other terms of this EULA; and (2) in the manner described in Section 2.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Not For Resale Software
If the SOFTWARE is labeled "Not For Resale" or "NFR," then you may not resell, or otherwise transfer for value, the SOFTWARE.
b) Limitations on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c) Rental
You may not rent, lease or lend the SOFTWARE.
d) Trademarks
This EULA does not grant you any rights in connection with any trademarks or service marks of IIT.
e) Support Services
IIT may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the IIT policies and programs described in the user manual, in "online" documentation and/or other IIT-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to IIT as part of the Support Services, IIT may use such information for its business purposes, including for product support and development. IIT will not utilize such technical information in a form that personally identifies you.
f) Software Transfer
The initial user of the SOFTWARE may make a one-time permanent transfer of this EULA and SOFTWARE only directly to an end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE.
g) Separation of Components
The SOFTWARE is licensed as a single product. Its component parts may not be separated for use by more than one user.
h) Version Limitation
The Server Software portion of the SOFTWARE contains a certain version number. This License permits you to install: (1) one copy of the Server Software, (2) with the same (or a lower) version number as the Server Software version number listed above, (3) on a single computer (for example, if the version number listed above is "2.0," you may install Server Software that contains a "2.0" or "1.5" version number, but not a "2.1" version number).
i) Performance or Benchmark Testing
You may not disclose the results of any benchmark test of either the Server Software or Client Software for SOFTWARE, to any third party without IIT's prior written approval.
j) Termination
Without prejudice to any other rights, IIT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
5. UPGRADES
If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by IIT as being eligible for the upgrade in order to use the SOFTWARE. A SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.
You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
6. COPYRIGHT
All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by IIT or its suppliers.
All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by IIT.
7. EXPORT RESTRICTIONS
You agree that you will not export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity or end user subject to Croatian export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the Croatia has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in Croatian export transactions by any agency of the Croatian government. You warrant and represent that any Croatian federal agency has suspended, revoked or denied your export privileges.
8. INTERNET SUPPORT
THE SOFTWARE PRODUCT CONTAINS SUPPORT FOR PROGRAMS WRITTEN FOR INTERNET. INTERNET TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF INTERNET TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
LIMITED WARRANTY
Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, IIT warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by IIT shall be substantially as described in applicable written materials provided to you by IIT, and IIT support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES
IIT's and its suppliers' entire liability and your exclusive remedy shall be, at IIT's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet IIT's Limited Warranty and that is returned to IIT with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the Croatia, neither these remedies nor any product support services offered by IIT are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IIT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IIT OR ITS SUPPLIERS 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 FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF IIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IIT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A IIT SUPPORT SERVICES AGREEMENT, IIT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.