Licensing
LicensingBy downloading and using Scandura software (SOFTWARE) you agree to all terms of the SOFTWARE license agreement. Before doing so, please read and understand this Licensing Agreement as it is legally binding.
IMPORTANT - READ CAREFULLY: This Scandura End-User License AGREEMENT ("AGREEMENT") is a legal agreement between you (either an individual or a single entity) and Intelligent Micro Systems, Ltd. (D/B/A Scandura) for use of Scandura software, which includes computer software, and may include associated media, printed materials, server software, electronic tutorials, "online" and/or other documentation and/or other media (hereafter "SCANDURA SOFTWARE"). SCANDURA SOFTWARE also includes any source code, updates and supplements to the original SCANDURA SOFTWARE provided to you by Scandura. Any software provided along with the SCANDURA SOFTWARE that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SCANDURA SOFTWARE, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, do not install or use the SCANDURA SOFTWARE.
SOFTWARE LICENSE
The SCANDURA SOFTWARE is protected by copyright, patent and trade-mark laws and international copyright treaties, as well as other applicable intellectual property laws and treaties. The SCANDURA SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This AGREEMENT grants you the following rights:
SOFTWARE License. You may install, use, access, display, run, or otherwise interact with ("RUN") the SCANDURA SOFTWARE on any computer, workstation, terminal, handheld PC, pager, "smart phone," or other digital electronic device ("COMPUTER") for which SCANDURA SOFTWARE are designed..
Reservation of Rights. All rights not expressly granted are reserved by Scandura.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Academic Use. "Qualified Academic User", as determined by Scandura, may use the SCANDURA SOFTWARE for non-commercial purposes at no cost. The only constraint is that you agree to make available to Scandura any product, extension or component ("NEW COMPONENT") you develop using SCANDURA SOFTWARE, promptly on a quarterly basis or upon completion of NEW COMPONENT. The developer/owner shall award Scandura a fully paid license to use said NEW COMPONENT in whatever manner Scandura may see fit. The developer shall also have commercialization rights to each such COMPONENT. HOWEVER, THE DEVELOPER MUST OBTAIN A LICENSE FROM SCANDURA TO USE ANY RUN TIME SOFTWARE OWNED BY SCANDURA THAT MAY BE NEEDED IN CONJUNCTION WITH SAID NEW COMPONENT. If you are not a Qualified Academic User, you have no rights under this section. To become certified as a Qualified Academic User, please contact Dr. Joseph M. Scandura indicating the nature of your proposed work, whether this involve instruction, research or development.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SCANDURA SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Any other use, shall constitute a breach of contract and Scandura to immediately terminate your license. You agree to grant Scandura immediate injunctive rights in any court having jurisdiction thereof to protect its interests. In addition, you may be held responsible for any damages that may occur.
Separation of Components. The SCANDURA SOFTWARE is licensed as a single product. Its component parts may not be used separately.
Patents and Trademarks. This AGREEMENT does not grant you any rights in connection with any patents, trademarks or service marks of Scandura.
Rental. You may rent, lease, or allow others to use the SCANDURA SOFTWARE when they sign on UNDER YOUR ACCOUNT NAME WITH YOUR PASSWORD. Qualified licensees may also be eligible for a commission on the lease of the SCANDURA SOFTWARE to other parties. For information on becoming a Qualified SCANDURA SOFTWARE Licensee, please contact Dr. Joseph M. Scandura.
Support Services. Scandura or one of its certified partners may provide you with support services, including training, technical support, consulting and/or customization services ("SUPPORT SERVICES"). SUPPORT SERVICES are billed at rates established by Scandura or by a certified partner under terms agreed to with the party providing such services. Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SCANDURA SOFTWARE and subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to Scandura as part of the SUPPORT SERVICES, Scandura may use such information for its business purposes, including for product support and development. Scandura will not reveal information, which you designate as proprietary, to any third party, or utilize such technical information in a form that personally identifies you, without written permission.
Termination. Without prejudice to any other rights, Scandura may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the SCANDURA SOFTWARE, and all of its component parts.
3. UPGRADES. Scandura will provide upgrades from time to time as it sees fit. As a licensee, you are free and encouraged to download such upgrades at any time. You must first explicitly uninstall and/or delete any current version before installing any UPGRADE.
4. COPYRIGHT. All title and copyrights in and to the SCANDURA SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, "applets", server or other software incorporated into or used in conjunction with SCANDURA SOFTWARE), the accompanying printed materials, and any and all copies of SCANDURA SOFTWARE are owned solely by Scandura. If SCANDURA SOFTWARE contains documentation, electronic or otherwise, you may print copies of such documentation as may be helpful in using the SCANDURA SOFTWARE. However, you may not use any such documentation to assist in designing or to otherwise provide insights useful in creation of any competing product.
5. DUAL-MEDIA SOFTWARE. Although the software will normally be made available only over the Internet, you may receive SCANDURA SOFTWARE on more than one medium. Regardless of the type or size of medium you receive, you may only SCANDURA SOFTWARE under the terms detailed herein.
6. BACKUP COPY. After installation of SCANDURA SOFTWARE pursuant to this AGREEMENT, you may keep the original media on which Scandura provided SCANDURA SOFTWARE solely for backup or archival purposes. Except as expressly provided in this AGREEMENT, you may not otherwise make copies of SCANDURA SOFTWARE or the printed material accompanying the SCANDURA SOFTWARE.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. SCANDURA SOFTWARE is provided to the Government under the terms described herein. The Government may claim additional rights only to the extent that these are mandated by law.
8. EXPORT RESTRICTIONS
SOFTWARE is exportable under U.S. License Exception TSU. Therefore the following terms apply: 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 or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, 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 person or entity 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 person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
MISCELLANEOUS
If SCANDURA SOFTWARE was obtained from within the United States, this AGREEMENT is governed by the laws of the State of Pennsylvania. If this SCANDURA SOFTWARE was obtained from outside the United States, then that interpretation of governing law applies which provides maximum protection of Scandura interests. Should you have any questions concerning this AGREEMENT, or if you wish to contact Scandura for any reason, please call our authorized representative. You may also send a letter directly to Dr. Joseph M. Scandura at 1249 Greentree, Suite 100, Narberth, PA 19072
LIMITED WARRANTY
SCANDURA SOFTWARE can be used in a wide variety of ways to accomplish a wide variety of goals. Hence, it is provided without warrantee of any kind as to suitability for any particular purpose.
CUSTOMER REMEDIES. Scandura's entire liability and your exclusive remedy shall be, at Scandura's option, either (a) return of the price paid to license SCANDURA SOFTWARE for the last 30 days, if any, or (b) the option to download and use a replacement of SCANDURA SOFTWARE. This Limited Warranty is void if failure of SCANDURA SOFTWARE has resulted from accident, abuse, or misapplication. All SUPPORT SERVICES are provided on a time and material basis only. The only Customer Remedy in this case is to cancel future services. This license agreement is separate from and has no standing with respect to any separate contract for Support Services.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Scandura disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SCANDURA SOFTWARE, and the provision of or failure to provide Support Services.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Scandura 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 SCANDURA SOFTWARE or the provision of or failure to provide Support Services, even if Scandura has been advised of the possibility of such damages. In any case, Scandura's entire liability under any provision of this AGREEMENT shall be limited to the greater of the amount actually paid by you for SCANDURA SOFTWARE usage over the last 30 days. If you have entered into a Scandura Support Services AGREEMENT, Scandura's entire liability shall be governed by the terms of that agreement.
