imago license agreement

MAYACHITRA, INC. IMAGO SOFTWARE LICENSE AGREEMENT

First a readable summary, followed by the legally binding agreement:
1.) Students can install imago on their personal computer. Academic researchers can install imago on their lab computer. Others can install on the computer of their choice.
2.) This is just for you to use. Don't try to steal the technology nor sell this to someone else.
3,5.) We're not liable for anything that happens while you use imago.
4.) This software is sold "as is".
6.) If you're part of the US Government, you are expected to follow the Government's internal rules.
7.) We comply with US Government embargoes.
8.) See list of third party libraries used here.
9.) Seriously.

PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY.
BY CLICKING ON THE "I Agree" BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("LICENSEE") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT"). LICENSEE’S CONTINUED USE OF THE DOWNLOADED MATERIALS SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE DOWNLOAD AND INSTALLATION PROCESS WILL NOT CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

CONNECTION TO INTERNET MAY BE REQUIRED TO AUTHENTICATE THE LICENSE.

License Grant. Subject to the terms and conditions of this Agreement, Mayachitra, Inc., a California corporation ("Licensor") hereby grants Licensee a royalty-free, limited, non-sublicensable, non-transferable, and non-exclusive license to use the software that Licensee is about to install (the "Software") only in accordance with any documentation accompanying the Software. Licensee may download and install one copy of the software on up to the permitted number of computers. A licensee can make a reasonable number of backup copies for archival purposes only. (a) Student License: The student license allows a student user to install one copy of the software on a personal computer for personal use only. This license does not grant a permission to install the software on a work or laboratory computer. (b) Academic License: This license is for use in an educational institution. An academic license permits a single user to install the software on one computer owned by the institution, access to which is limited to the employees of the academic institution. (c) Commercial License: All other purchasers are granted a commercial license. A commercial licensee can download and install the software on one computer.
License Restrictions. The Software is owned by Licensor, and its structure, organization and code are the valuable trade secrets of Licensor. The Software is also protected by United States Copyright law and International Treaty provisions. Licensee may not copy the Software, except for a reasonable number of backup copies for archival purposes only, provided the backup copies are not installed or used on any computer. Any copies that Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Licensee agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant Licensee any intellectual property rights in the Software. Licensee shall take all reasonable precautions to prevent inadvertent disclosure of the Software, including all trade secrets and confidential information therein. Licensee specifically acknowledges and agrees, without in any way limiting any of the above, that it shall not permit any third party, nor any employee representative or agent thereof, that develops, markets or licenses computer programs with functionality similar to the functionality of the Software to have access to the Software or to any trade secrets or confidential information therein.
Indemnity. Licensee agrees that Licensor shall have no liability whatsoever for any use Licensee makes of the Software. Licensee shall indemnify and hold harmless Licensor from any claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from Licensee’s use of the Software as well as from Licensee’s failure to comply with any term of this Agreement.
Warranty Disclaimer. LICENSOR PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS LICENSEE MAY OBTAIN BY USING THE SOFTWARE.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM USE OF THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
Government Use. If Licensee is part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Software by the Government shall be governed solely by the terms of this Agreement.
Export Controls. Licensee agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively, the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that it is not a citizen, or otherwise located within an embargoed nation and that Licensee is not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement.
Acknowledgment of Third Party Libraries Used in the Software. The Software uses some portion of the source code or other element of software obtained from or provided by the following companies or software providers: (i) FreeImage used under the FreeImage Public License – Version 3.12.0; (ii) XMLParser using XMLParser under license granted by Frank Vanden Berghen - Version 2.39; (iii) Argtable using GNU Library General Public License - Version 2.9. Argtable source code has been modified. For the modified source code, please contact us, support.imago@mayachitra.com; (iv) OpenSSL under Apache-style license - Version 9.8i; (v) GDAL under X11/MIT license - Version 1.6.2; (vi) Protobuf-net under Apache License 2.0 - Version 2.2.0; (vii) DejaVu used under a general public license - Version 1 Beta; (viii) WPF TreeView Control used under code project open license; (ix) DotNetZip under Microsoft public license - Version 1.8; (x) ©2008 University of Wisconsin and Glencoe Software, Inc. Bio-Formats is developed by the Open Microscopy Environment, University of Wisconsin and Glencoe Software, Inc., This version is licensed to Mayachitra, Inc; (xi) Nini under MIT license; (xii) Python under Python 2.6.2 License; (xiii) Py2exe under MIT License; (xiv) Managed ITK under MIT License; (xv) JRE6 Copyright Sun Microsystems Inc., under Binary Code License; (xvi) NSIS under zlib/libpng License. The applicable license and/or source of such software being used can be found under the file "APPLICATION_INSTALL_DIR/THIRDPARTY."
Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. The failure of Licensor to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Licensor’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever without Licensor’s consent and any action or conduct in violation of the foregoing shall be void and without effect. Licensor expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Ventura, California. Licensee hereby agrees to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.

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