By using or installing software package(s) and all related software products created or provided by IDAutomation.com, Inc. ("IDAutomation") (including applicable fonts, components, hosted services, source code, the corresponding documentation and including any updates, upgrades or modifications thereto) ("Software"), You are agreeing to be bound by the terms and conditions of this Agreement and the License You purchase ("Agreement"). As used in this Agreement, ("You") shall mean the individual using, or installing the Software together with any individual or entity, including but not limited to your employer, on whose behalf you are acting in using or installing the Software. You shall be the ("Licensee") under this Agreement. This Agreement constitutes the complete agreement between You and IDAutomation. This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. No amendment or modification may be made to this Agreement except in writing signed by You and IDAutomation. You agree that this Agreement is enforceable as any written agreement negotiated and signed by You and IDAutomation. If You do not agree to the terms and conditions of the Agreement, discontinue use of the Software immediately and request a refund.
1. License Grant
The Unlimited Developer License allows completely
1.3 One Developer License
1.4 Annual Advantage License
The Annual Advantage License grants the rights of
the applicable Developer License (for example, a 5 Developer Annual Advantage
License grants the rights of the 5 Developer License) on an annual subscription basis
and includes Priority Support & Unlimited Upgrades. This
license
is a convenient
way to ensure You have access to all updates and the highest level of
technical support at all times. In the event this license includes hosted
services, IDAutomation makes no warranties or guarantees as to the performance
or availability of the services unless otherwise documented in the Software. IDAutomation will send You an invoice by email for the
renewal before the subscription expires. The Annual Advantage License and
this Agreement will terminate if IDAutomation
does not receive payment for the subscription renewal 90 days after the
subscription expires. If the Annual Advantage License expires and is not renewed the
following conditions apply: (1) You must destroy all copies of the Software in
your organization within 90 days after subscription expiration. (2) If You have
distributed Software with an application outside your organization, you may
continue to use said Software in your application and you may keep applicable
documentation provided that You do not continue to distribute Software in
Your application, and payment for at least 1 Annual Advantage License was
received and not refunded.
1.5 Small Company Developer License
The Small Company Developer License grants all
rights of the One Developer License to all organizations with a gross annual revenue or funding of less
than 2 million U.S. Dollars (or equivalent amount in a foreign currency). All
rights of the Five Developer License
1.6 Single Server License
The Single Server License allows use of the Software on one (1) server in
your organization, where a single Server may have only 1 CPU or 1 CPU core and up
to 100 unique user accesses to the Software from the Server per day. A Single
Server License is required for each additional Server, CPU or CPU core. Additional Single Server
Licenses may also be obtained for the same server to increase the requirements.
For example, 2 Single Server Licenses allow up to 2 CPUs and up to 200 unique
user accesses to the Software per day on the same server. If 4 Single Server
Licenses are purchased for the same Software, the rights of the Developer
License are granted. If the Software is not
used on a server, the licensing options of the Single User License may be used
1.7 Single User License
The Single User License allows use of the
Software for one effective licensed user in Your organization according
section 1.8 Effective Licensed Users. The Single User License has
the following additional
restrictions that require a Developer License and shall not be used in
connection with:
1.8 Effective Licensed Users
The number of effective users for software licensing is
determined by the method defined below that returns the greatest number:
1.8.1 Multiple User Licensing with the Single User License:
Multiple user or server licenses may be purchased; for example, a 5 User
License allows 5 licensed users. In addition, if multiple Single User Licenses of the same product are purchased, the
effective number of licensed users for Software is determined by the table
below.
Licensed users for Font Products (the list of font
products is available at
www.idautomation.com/fonts/ )
1 Single User License Purchased = 1 licensed user
2 Single User Licenses Purchased = 5 licensed users
3 Single User Licenses Purchased = 25 licensed users
4 Single User Licenses Purchased = 50 licensed users
5 Single User Licenses Purchased = 100 licensed users
6 Single User Licenses Purchased = 10,000 licensed users and the Developer License
is granted
Licensed users for Components (the list of component products is
available at
www.idautomation.com/components/ )
1 Single User License Purchased = 1 licensed user
2 Single User Licenses Purchased = 25 licensed users
3 Single User Licenses Purchased = 100 licensed users
4 Single User Licenses Purchased = 10,000 licensed users and the Developer License
is granted
1.8.2 Developer use with the Single User License:
Developer use of the Single User License requires at least 2 Single User
Licenses to be purchased unless the Developer and end user are the same
person. A Developer may integrate the Software
into an application if the Developer is not the end user, provided the
Developer uses 1 license and
the end user uses another license. If
more than one Developer uses the
Software, You must purchase a Developer License for each additional
Developer.
1.9 Developer License Distribution Terms
As used in this section, the term ("Your Effective User Licenses") refers to
the number of users Your License allows according to section 1.8
Effective
Licensed Users. The Developer License allows 10,000 Effective Licensed Users,
The 5 Developer License allows 20,000 Effective Licensed Users and the Unlimited Developer License allows an unlimited number of users.
If You purchase the License directly from
3. Copyright
The IDAutomation Software and the accompanying materials are licensed, not sold,
to You. You may not rent, lease, display or distribute copies of the Software to
others except under the conditions of this Agreement.
The Software and the accompanying materials are
copyrighted and contain proprietary information. Unauthorized copying of the
Software or accompanying materials even if modified, merged,
or included with other software, or of the written materials, is expressly
forbidden. You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by
your failure to abide by the terms of this Agreement. You may make copies of the
Software as needed for development and use provided the number of copies You
make do not exceed the number of Effective Licensed
Users allowed by the License You purchase. You may also make a reasonable number of archival copies of the
Software for backup and recovery purposes. In any case, when a copy
is created, any copyright
and trademark notices included in the Software must be reproduced in their entirety on the copy.
3.1 Third Parties
You may send a copy of the Software along with
your files or documents to a commercial printer or other service bureau to enable the
editing or printing of your files or documents, provided that (1) You own a Developer License
for the Software or (2) such party has informed You
that it owns a valid License to use the Software.
4. Indemnification
IDAutomation warrants to You that IDAutomation is, and will continue to be,
the sole owner of the Software including all patents, copyrights or other
applicable intellectual property rights in and to the Software unless otherwise
indicated in the Software. IDAutomation shall defend, indemnify and hold
Licensee harmless from any third party claims or lawsuits for intellectual
property infringement for properly licensed Software provided by IDAutomation,
If Software is determined to infringe, or in IDAutomation’s opinion is likely to
become the subject of such a claim, IDAutomation shall, at its option, either:
(1) obtain for Licensee the right to continue using the Software, (2) modify or
replace the Software to make it non-infringing, or (3) refund the fee paid, less
reasonable depreciation, upon return of the Software; provided, however, that in
no event shall IDAutomation's total liability (including attorney's fees) under this paragraph exceed
ten times the purchase price You paid for the License to
use the Software. IDAutomation shall have no liability regarding any claim
arising out of: (1) Software that is used in violation of this Agreement, (2)
Software that has been altered to be different from the purchased version,
unless the infringing portion exists in the unaltered purchased version, (3) use
of the Software in combination with other products (including but not limited to
third party software and hardware) if the infringement was caused by such use or
combination where the purchased version by itself does not infringe. You agree
to defend IDAutomation, its officers, resellers,
contractors, agents and employees, from any and all claims which result from
Your breach of the terms and conditions of this Agreement, and pay any and all
damages and expenses (including but not limited to attorneys fees incurred by
IDAutomation and/or third parties) in connection therewith.
5. Conversions and Embedding
IDAutomation grants You the right to convert applicable source code or fonts, if provided with the
Software, to
other formats as necessary provided You own a Developer License for the Software and
You adhere to
the following terms:
6. Agreement Duration and Termination
Subject to the terms and conditions of this Agreement, this Agreement begins
when the Software is installed, used or when a License for Software is purchased and is perpetual unless terminated.
When the Agreement begins, this Agreement version 6.0 shall supersede
all older versions of this Agreement including any older agreements that may be
embedded in the Software. You may terminate this Agreement at any time by
returning the Software to IDAutomation and destroying all copies thereof. This
Agreement will terminate
automatically without notice from IDAutomation if You fail to comply with any
provision contained herein or if the funds paid for the license are refunded or
are not received. Upon termination, You must destroy the Software and all
copies (in part and in whole, including modified copies, if any)
in your possession
or control. IDAutomation reserves the right to terminate the
Agreement if the use of Software by You causes a loss of revenue for IDAutomation that exceeds
10 times the amount
You paid for the License. Termination of this Agreement shall not affect
Software bundled and distributed with an application under the Developer License
by You prior to termination, provided You have purchased at least 1 Developer
License for the Software and funds the License were received and not refunded in
any way. All restrictions
prohibiting Your use of the Software and intellectual property provisions
relating to Software to the benefit of IDAutomation shall survive termination of this Agreement.
7. Warranty and Limitation of Liability
Although efforts have been made to assure that the Software is date
compliant, correct, reliable, technically accurate and will perform in
accordance with the documentation, the Software is licensed
to you as is and without warranties as to performance of merchantability,
fitness for a particular purpose or use, or any other warranties whether
expressed or implied. You, your organization and all users of the Software,
assume all risks when using it.
To the maximum extent permitted by applicable law, in no event shall IDAutomation
or its suppliers be liable for any consequential, incidental, indirect, punitive
or special damages arising out of the use of or inability to use the Software or
the provision of or failure to provide support services, even if we have been
advised of the possibility of such damages. In any case, IDAutomation's entire
liability under any provision of this agreement shall be limited to ten times the amount actually paid by You for the
License.
8. Technical Support and Product Upgrades
Unless otherwise indicated on the product page for the Software,
IDAutomation offers free Priority Support and Product Upgrades for a
period of 30 days from the date of purchase on all licensed Software. When Your
Priority Support is active, You may contact us by phone, email and through the
Online Priority Support Request Form. Priority Support and Product Upgrades may be provided beyond 30 days if
the
Priority Support and Product Upgrade Subscription is purchased. Support may be
provided to the appropriate individual that (1) ordered the software, (2) is
integrating the Software or (3) a Developer, but not to the end user(s) of an
application making use of Software, unless the end user is a Developer.
Technical support will only be provided to the end user if each end user orders
a separate license for the Software. If one Developer License is purchased,
technical support is provided for only one Developer. If two Developer Licenses
are purchased, technical support is provided for up to 5 Developers. If three
Developer Licenses are purchased, technical support is provided for an unlimited
number of Developers. The Developer responsibilities may be transferred to
another Developer within the organization as necessary provided no more than 2
transfers occur within any 90 day period. Free technical support is also
provided after 30 days by referring to support documents at the website or by
submitting the applicable free software support request form; however, this free
support is limited and does not include support requests for products that
require a developer's license or complex issues. Whenever any Software update,
upgrade, or revision is provided to You by IDAutomation, its resellers,
distributors, or consultants, or You purchase an additional License, all related
Software from IDAutomation (including any Software that was acquired previously)
shall be covered by the latest version of the license agreement that exists at
the time the most recent update was provided to You.
9. Export Restrictions
The Software is of U.S. origin and distribution of the Software is subject
to the export control laws of the United States of America. You agree that You
will not export or distribute the Software, directly or indirectly, to any
restricted export country, without first obtaining permission to do so as
required from the appropriate U.S. governmental agency. Licensee bears all
responsibility for export law compliance and will indemnify IDAutomation against
any and all claims based on Licensee’s exporting of the Software.
10. Controlling Law and Severability
This Agreement shall be governed by and construed in accordance with the
laws of the United States and the State of Florida, as applied to agreements
entered into and to be performed entirely within Florida between Florida
residents. The courts of the State of Florida, County of Hillsborough (City of
Tampa), shall
have exclusive jurisdiction and venue over any dispute, proceeding or action
arising out of or in connection with this License Agreement or your use of the
Software. If, for any reason, a court of competent jurisdiction finds any provision
of this License Agreement, or portion thereof, to be unenforceable, that
provision of the License Agreement shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of this
License Agreement shall continue in full force and effect.
11. Non-Waiver
The failure by either party at any time to enforce any of the provisions of this
License Agreement or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver
of such provision, right, remedy or option or in any way affect the validity of
this Agreement. The waiver of any default by either party shall not be
deemed a continuing waiver, but shall apply solely to the instance to which such
waiver is directed.
12. Return Policy
All returns must be received within 30 days of purchase. Details
of our return process are provided at
http://www.idautomation.com/returns/process.html
Copyright © 1999-2005 IDAutomation.com, Inc. IDAutomation and BizFonts are registered trademarks of IDAutomation.com, Inc. All other trademarks mentioned are the property of their respective owners. Agreement Version 6.0.