End-User License Agreement for 6D Technologies Inc. Software

 

IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and 6D Technologies Incorporated (6D) for the 6D software that accompanies this EULA, which includes associated media, Methodologies and 6D Internet-based services (collectively referred to as "Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A REFUND, IF APPLICABLE.

 

1.     GRANT OF LICENSE. 6D grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1.   Installation and use. You may install and use a copy of the Software on one personal computer or other device.

1.2.   Alternative Rights for Storage/Network Use. As an alternative to Section 1.1, you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device, except as permitted by Section 1.4 of this EULA. 

1.3.   License Grant for Remote Desktop. You may use remote access technologies, such as the Remote Desktop features in Microsoft^® Windows or NetMeeting, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time.

1.4.   License Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the sole purpose of providing you with technical support and maintenance services.

1.5.   License Grant for Media Elements. The Software may include certain photographs, clip art, shapes, animations, sounds, music and video clips that are specifically identified in the Software for your use (together "Media Elements"). You may copy and modify such Media Elements, and license, display and distribute them, along with your modifications as part of your software products and services, including your web sites, but you are not licensed to do any of the following:

§ You may not sell, license or distribute copies of the Media Elements by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements.

§ You may not grant customers of your product or service any rights to license or distribute the Media Elements or derivative works that contain elements of Media Elements.

§ You may not license or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.

§ You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements.

 

In addition, you must (a) indemnify and defend 6D from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of Media Elements as modified by you, and (b) include a valid copyright notice on your products and services that include the Media Elements. Note, the Software may contain media elements that 6D has licensed from others, such media elements are the property of their owners and you are not allowed to sell, distribute, license or make derivative works using such media elements.

 

1.6.   License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.

 

1.7.   License Grant for Templates and Methodologies and Confidentiality. The Software may include Templates and Methodologies including example documents (6D Methodologies). You may copy and modify the 6D Methodologies available as part of the 6D software that accompanies this EULA and distribute such 6D Methodologies along with your modifications for use by other licensees of the Software within the restrictions of the number of licensed users for 6D methodologies as stated below. You also may copy, modify and distribute the 6D Methodologies available through related Internet-based services along with your modifications for use by other licensees of the Software, but only for personal or commercial correspondence involving person-to-person communication. You may create your own methodologies using the Software to sell, license, distribute, rent lease or otherwise transfer for value as long as you develop these methodologies independently and do not use or include any component of 6D Methodologies with or within your methodologies. You do not have ownership rights to 6D Methodologies or any modifications made to the 6D Methodologies.

 

You are not licensed to do any of the following:

§ You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the 6D Methodologies.

§ You may not distribute the 6D Methodologies as part of any product or service.

§ You may not copy or post any 6D Methodologies on any network computer or broadcast it in any media or over the Internet.

§ You may not distribute or make available the 6D Methodologies that have been specifically licensed for a specified number of users to more than the licensed number of users within an entity (Organization, Corporation, Business, etc.). Where there is no mention of the specific number of users, the number of users is one - only you.

 

The 6D Methodologies constitute a valuable property of 6D. You agree that the 6D Methodologies shall be held in confidence and are provided for your exclusive use and you will take all reasonable precautions to maintain the confidentiality of the 6D Methodologies, but not less than that which is used to protect your own proprietary information. You understand that all materials (including but not limited to: programs, documentation, text, forms, etc.) included in the 6D Methodologies are proprietary and protected by laws governing such products, and you agree not to remove the proprietary legend from any 6D Methodologies or materials. You will instruct others having access to the 6D Methodologies that it may not be copied or duplicated in whole or in part without the express written permission of 6D. You agree that all forms, manuals, reference cards and other similar materials that you develop for use with the 6D Methodologies that include 6D proprietary information will contain the following designation: "This document contains material based on proprietary 6D Methodologies of 6D Technologies Incorporated. Reproduction is prohibited without the written consent of 6D.” Distribution of such material developed by you will be governed by the licensing limitations including the number of users.

 

You understand and intend to use the 6D Methodologies in the conduct of your internal business operations and not offer them in any form for license or for resale. You agree that you are acquiring only the right for yourself to use the 6D Methodologies as specified. 6D reserves all rights with respect to its 6D Methodologies under all laws for protection of proprietary information, including copyrights, patents and trade secrets, which may now or hereafter be enacted either by way of statute or common law.

 

The confidentiality commitment shall not extend to such part of the information received by you from 6D which: (a) was lawfully known to and used by you prior to the date of receipt from 6D as evidenced by your written record; (b) is received by you from a third party having a bona fide right to disclose or make the same available to you; (c) was known to the public prior to the date of receipt from 6D, and (d) becomes known to the public subsequent to the date of receipt from 6D through no act or failure on the part of you. With respect to exception (a) you shall notify 6D promptly in the event it may find after date of receipt from 6D that any confidential part thereof was known to you as evidenced by your written records and shall identify such part. With respect to exceptions (b) and (d), that shall apply only from and after the information shall be disclosed by such third party, or shall become known to the public, respectively.

 

 

You must indemnify and defend 6D against any claims or lawsuits, including attorneys' fees, that arise from or result from the licensing or distribution of the 6D Methodologies as modified by you or that arise out of your creation of Original Works using the 6D Software. Original Work is any work that is developed by you without using any element of 6D Methodologies, templates or documents.

 

 

2.1.   Activation. THERE MAY BE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE.   You may not be able to exercise your rights to the Software under this EULA after a finite number of product launches, or a finite number of days after installation, unless you activate your copy of the Software in the manner described during the launch sequence. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. 6D will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. 

2.2.   Internet-Based Services. You may not use any 6D Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services. 

2.3.   Report-Writing Runtime Software Limitations. The Software may contain report-writing runtime software ("Runtime Software"). Other than use with the Software, you may not use the Runtime Software with any other software application nor use the Runtime Software as part of any process or system that is used to automatically deliver, share or distribute documents or other work created using the Runtime Software.

 

3.     RESERVATION OF RIGHTS AND OWNERSHIP. 6D reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. 6D or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of 6D.

 

4.     LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not modify, reverse engineer, decompile, disassemble, emulate the functionality or the User Interface, reduce the code to human readable form, or create derivative works of the Software in whole or in part. You may not merge the Software into any other computer programs or software.

 

5.     NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.

 

6.     CONSENT TO USE OF DATA. You agree that 6D and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. 6D may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you unless required by law.

 

7.     LINKS TO THIRD PARTY SITES. 6D is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. 6D is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by 6D of the third-party site or service.

 

8.     ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that 6D may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. 6D reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software. 6D has the right to discontinue WITHOUT NOTICE AT ANY TIME any or all of the services or updates to Software.

 

9.     UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by 6D as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.

 

10. NOT FOR RESALE SOFTWARE. Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

 

11. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

 

12. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.

 

13. SOFTWARE TRANSFER. Internal. You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device. Transfer to Third Party: If you are the person who initially licensed the Software, you may make a one-time permanent transfer of this EULA, Software and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software. 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). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms. You must register the transfer with 6D using the 6D Registration Transfer form available at the 6D website or by requesting this form via email from 6D.

 

14. TERMINATION. Without prejudice to any other rights, 6D 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.

 

15. LIMITED WARRANTY FOR SOFTWARE. 6D warrants that the Software will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt.

 

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. 

 

Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the thirty day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

 

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by 6D, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet 6D's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. This Limited Warranty gives you specific legal rights. YOUR EXCLUSIVE REMEDY. 6D's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at 6D's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to 6D with a copy of your receipt. You will receive the remedy elected by 6D without charge, except that you are responsible for any expenses (e.g. cost of shipping the Software). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or fifteen (15) days, whichever is longer, and 6D will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with 6D's warranty remedy procedures. These remedies or any product support services offered by 6D are available with proof of purchase from an authorized source. To exercise your remedy, contact: 6D at the address available on the 6D website: http://www.6dtech.com.  

 

16. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, 6D and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

 

17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 6D OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF 6D OR ANY SUPPLIER, AND EVEN IF 6D OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

18. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct, indirect or general damages in contract or anything else), the entire liability of 6D and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by 6D with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual direct damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16, 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

 

19. APPLICABLE LAW. This EULA is governed by the laws of the State of Texas, USA. You agree to submit to the jurisdiction of the courts in the State of Texas, Dallas County in all questions and controversies arising out of this agreement. If necessary, the scope of the law and jurisdiction will be expanded to include U.S. laws governing and safeguarding international software and intellectual property rights.

 

20. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and 6D relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any 6D policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over this EULA, then the entire EULA shall not fail on that account, but the particular clause, provision, subparagraph or paragraph shall be limited or modified only to the extent required for its enforceability.

 

Should you have any questions concerning this EULA, or if you desire to contact 6D for any reason, please use the address information enclosed in this Software or contact 6D by visiting 6D on the World Wide Web at http://www.6dtech.com.