IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT. PLEASE READ THIS EULA CAREFULLY BEFORE ORDERING OR DOWNLOADING OR USING ANY SOFTWARE PRODUCTS OF SGO.
YOUR ATTENTION IS PARTICULARLY DRAWN TO: (CLAUSE 5) REGARDING THE DATA WE MAY COLLECT AND HOW WE MAY USE IT.
IMPORTANT NOTICE TO ALL USERS: BY DOWNLOADING AND/OR USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
IMPORTANT NOTICE TO CONSUMERS WHO PURCHASE SOFTWARE DIRECT FROM SGO: YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITH SGO WITHOUT CHARGE AND WITHOUT REASON AT ANY TIME BEFORE DOWNLOADING OUR PRODUCT(S). HOWEVER YOU WILL LOSE THIS RIGHT ONCE YOU BEGIN TO DOWNLOAD OUR PRODUCT(S). THIS DOES NOT AFFECT YOUR CONSUMER RIGHTS IN RELATION TO DEFECTIVE PRODUCTS OR SERVICES.
This END USER LICENSE AGREEMENT (this “EULA”) is, in cases where you purchase our product(s) direct from SGO, incorporated into the agreement between Soluciones Gráficas por Ordenador SL, a company registered in Spain, (“SGO”), and you, as either an individual or a single company or other legal entity (“Licensee”) on the terms of which you will purchase the products and services SGO (the “Agreement”). In cases where you purchase our product(s) from one of our resellers, the use of the term “Agreement” in this EULA refers to the arrangements between SGO and Licensee on which Licensee is permitted to use SGO’s product(s), including this EULA.
SGO IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH (“AGREEMENT”).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SIGNING IT OR ANY OTHER DOCUMENT RELATED TO IT.
BY EXECUTING THE INSTALL OR SETUP OF THIS SOFTWARE ON ANY TARGET COMPUTER OR COMPUTERIZED APPLIANCE, OR ALLOWING IT TO BE SETUP, YOU CONFIRM THE TERMS OF THIS LICENSE AGREEMENT BETWEEN THE REGISTERED SOFTWARE LICENSEE, THE LICENSED USER(S) (“USER(S)”), AND SGO, THE DEVELOPER AND OWNER OF COPYRIGHT AND ALL OTHER APPLICABLE EXCLUSIVE RIGHTS UNDER THE PRODUCTS OF SGO.
YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
COPYING OR USE OF THIS SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COP Y OR USE THIS SOFTWARE OR ITS DOCUMENTATION WITHOUT PERMISSION OF SGO, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO SGO FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED 30-DAY EVALUATION COPY, THE FOLLOWING TWO PARAGRAPHS ALSO APPLY TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR A 30 -DAY EVALUATION PERIOD ONLY. TO EXTEND YOUR USE OF THE SOFTWARE, YOU MUST CONTACT SGO OR AN SGO AUTHORIZED RESELLER TO REMIT THE PURCHASE PRICE AND RECEIVE YOUR AUTHORIZATION CODE OR NEW PAID -IN-FULL COPY ENTITLING YOU TO THE COMMERCIAL LICENSE RIGHTS GRANTED BELOW.
DURING THE EVALUATION PERIOD, YOU MAY USE ONE COPY OF THE SOFTWARE ONLY TO EVALUATE IT. USE DURING THE EVALUATION PERIOD FOR ANY OTHER PURPOSE, INCLUDING COMPETITIVE ANALYSIS, IS STRICTLY PROHIBITED. UPON YOUR PURCHASE OF A LICENSE FOR THIS SOFTWARE, USE OF THE SOFTWARE SHALL NO LONGER BE SUBJECT TO THE FOREGOING RESTRICTION.
NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS A FIXED -TERM LICENSE, A LIMITED DURATION LICENSE OR A RENTAL LICENSE, THE FOLLOWING PARAGRAPH ALSO APPLIES TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR THE FIXED -TERM FOR WHICH YOU HAVE PAID AND WILL CEASE TO OPERATE ON THE EXPIRATION OF THAT FIXED-TERM. USE OF THIS SOFTWARE AFTER THE EXPIRATION OF THE FIXED -TERM, OR ANY ATTEMPT TO DEFEAT THE DISABLING FUNCTION, WILL BE IN VIOLATION OF THIS AGREEMENT AND MAY CONSTITUTE COPYRIGHT INFRINGEMENT.
1 . Grant of License. License Models.
Soluciones Gráficas por Ordenador ,SL. (“SGO”) grants you a nonexclusive, nontransferable license to use this program (the “Software”) and its manual and other accompanying material (“Documentation”) with equipment owned by you or under your control, according to the terms and conditions of this Agreement. This Agreement permits a single user to install and use the Software on only one computer at one location at any one time.
For each Software product that you purchase from SGO, the product will be licensed (and not sold) to you on the terms of one or more of the license models set out in this clause as specified in SGO´s invoice or order confirmation (as applicable), and subject to the other terms and conditions of this EULA. Please note that some licensing models set out below do not apply to certain Software products of SGO. Whichever licensing model applies, Licensee shall not at any one time use more copies of the Software than the total number of valid licenses purchased by Licensee.
Network Version: If this Software is a Network Version, you may use it only over an internal [local] area network environment with the SGO License Manager tool, and you may install and operate the Software on a single server computer in a single location which may be accessed by other computers, or on an individual computer, as a multiple-user installation with either:
the maximum number of concurrent users being one (1), so that multiple individuals may access or use the Software, but that only one person at a time may do so, or
the maximum number of concurrent users being more than one (1), in which case you must purchase single seat licenses for each additional concurrent user.
Use of software or any device that reduces the number of computers/devices which access the Software when used in a Server configuration may affect the performance of the Software and does not reduce the number of single seat licenses required.
Educational Version: If this Software is an Educational Version, you may use it only for the purpose of training and instruction, and for no other purpose. Educational Versions of the Software may not be used for commercial, professional, or for-profit purposes.
Evaluation Version: If this Software is identified as a demonstration, evaluation, or NFR version, you may use it only for the purpose of commercial evaluation and demonstration. You may not use it for commercial, professional, or for-profit purposes.
Backup Copy: Regardless of which version of the Software you have acquired, you may make one archival (backup) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer.
If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, it may not be duplicated electronically, however, you may print out one (1) copy, which may not be copied.
Additional Installation: Except with Educational, Student and Evaluation Versions, you may make a second copy of the Software on the hard disk of a second computer owned by you or under your contract provided that (1) the original and second copies are used only by the same person; (2) the second copy is installed and used only on a notebook computer, home computer, or other non-server computer away from your usual work location for the purpose of enabling you to perform work while a way from your usual work location; (3) only one of the Software copies is in use at any one time; (4) the second copy of the Software is used exclusively with the copy protection device (if any) supplied with the Software, and (5) the Software is not licensed and/or labeled as an Educational Version or Student Version.
Upgrades: If this Software is labeled as an upgrade (“New Version”) to software previously licensed to you (“Previous Version”), you must destroy all copies of the Previous Version, including any copies resident on your hard disk drive, and return the hardware lock, if any, which accompanied the software previously licensed to you (unless SGO explicitly notifies you that the hardware lock is to be used with the upgrade), within sixty (60) days of acquiring the New Version. SGO reserves the right to require you to show satisfactory proof that the Previous Version has been destroyed. If the hardware lock is not returned within the stipulated period, SGO reserves the right, without limitation, to charge you, and you shall pay the difference in price between the New Version price and the suggested retail price of the Software. Software patches, if any, provided to you by SGO or an authorized third-party in connection with the Software licensed to you hereunder shall be subject to the terms and conditions of this Agreement unless otherwise specified at the time of delivery.
Notwithstanding the foregoing, you may retain and need not destroy the Previous Version and may use the Previous Version solely if necessary for the purposes of (1) installing the New Version hereby licensed and (2) for archival (backup) purposes in order to reinstall the New Version hereby licensed if the initial installation fails. Under no circumstances may you operate the Previous Version.
Authorization Code: If this Software requires an authorization code, you must register your purchase of this Software with SGO before an authorization code shall be issued to you, and SGO shall maintain your registration details.
License Term: Subject to the terms and conditions of this Agreement, the license to use the Software is perpetual, unless the Software is designated as a fixed-term license, a limited duration license or a rental license, and in such case the term of the license shall be the term for which you have paid.
FOR STUDENT VERSIONS ONLY (ONE -YEAR USE):
1 . Grant of License.
Soluciones Gráficas por Ordenador,SL. (“SGO”) grants you a nonexclusive, nontransferable license to use this program (the
“Software”) and its manual and other accompanying material (“Documentation”) with equipment owned by you or under your control, according to the terms and conditions of this Agreement for one (1) year from the date on which you install the Software. This Agreement permits a single user to install and use the Software on only one computer at one location at any one time. Use of this Software beyond the one -year period referred to above, or any attempt to defeat the time-control disabling function in the Software is an unauthorized use and shall constitute a violation of this Agreement and copyright laws.
This Software is a Student version of the Software and it may be used only by the degree-seeking student or, faculty or staff member of the institutions referred to below, who acquired it AND only for study and instruction and not for commercial, professional, or for-profit purposes. Student versions of the Software may not be used or purchased by an educational institution. A degree-seeking student is defined as a student currently enrolled either on a full or half-time basis in a college or university recognized or accredited by the Ministry/Department of Education, for at least one higher-education course concerning the design, technology, or engineering disciplines.
Backup Copy: You may make only one archival (backup) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which may not be copied.
Upgrades: This Software is not upgradable.
Authorization Code: If this Software requires an authorization code, you must register your purchase of this Software product with SGO before an authorization code shall be issued to you, and SGO shall maintain your registration details.
NOTE: ALL REMAINING PROVISIONS OF THIS AGREEMENT APPLY TO ALL VERSIONS OF THIS SOFTWARE.
You May Not:
Copy or use the Software or Documentation except as permitted by this Agreement.
Reverse engineer, decompile, or disassemble the Software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software or with another program and such information is not readily available from SGO or elsewhere. You may not decompile the Software if such information is available by licensing any SGO Software Developer’s Kit.
Distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, Documentation or any rights granted hereunder to any other person without the prior written consent of SGO.
Install or use the Software on the Internet or over a wide area network, including, without limitation, use in connection with a Web hosting or similar service.
Remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation.
Modify, translate, adapt, arrange, or create derivative works based on the Software or Documentation for any purpose.
Utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by SGO in connection with the Software, or use the Software together with any hardware lock, authorization code, serial number, or other copy protection device not supplied by SGO directly or through an Authorized SGO Reseller.
Export the Software or Documentation in violation of U.S., E.U. or other applicable export control laws.
Use the Software or Documentation outside of the country of purchase, unless the Software and Documentation were purchased in the European Union (“E.U.”), in which case use throughout the E.U. is permitted.
Title and copyrights to the Software, Documentation and accompanying materials, if any, and any copies made by you remain with SGO and its licensors. The structure, organization, and code of the Software are valuable trade secrets of SGO and its licensors. Unauthorized copying of the Software or Documentation, or failure to comply with the above restrictions, will result in automatic termination of this Agreement. This Agreement does not grant you any intellectual property rights.
4 . GENERAL LIMITED WARRANTY.
SGO warrants that the Software will provide the facilities and functions generally described in the Documentation and that the media on which the Software is furnished, if any, the Documentation accompanying the Software, and any hardware lock or other copy protection device accompanying the Software will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, SGO MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND SGO SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SGO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.
SGO’s entire liability and your exclusive remedy under the warranties made in this Agreement will be, at SGO’s option, to attempt to correct or work around errors, to replace the defective media, if any; Documentation or copy protection devices; or to refund the purchase price and terminate this license. This remedy is subject to the return of the defective media, documentation, or copy protection device with a copy of your receipt to your local SGO office or the Authorized SGO Reseller from whom it was obtained within ninety (90) days from the date of its delivery to you. Following expiration of this ninety (90)-day period, SGO will replace any defective or damaged copy protection device in return for payment of an amount that covers the cost of a replacement device plus a fee for handling and shipment.
INSPECTION AND INFORMATION
Unless Licensee is a consumer, Licensee shall advise SGO on demand of all locations where the Software or Documentation is used or stored. Licensee shall permit SGO or its authorized agents to audit all such locations during normal business hours and on reasonable advance notice.
The Software may include mechanisms to collect limited information from Licensee’s computer(s) and transmit it to SGO. Such information (the “Information”) may include details of Licensee’s hardware, details of the operating system(s) in use on such hardware and the profile and extent of Licensee’s use of the different elements of the Software. SGO may use the Information to (a) model the profiles of usage, hardware and operating systems in use collectively across its customer base in order to focus development and support, (b) to provide targeted support to individual customers, (c) to ensure that the usage of the Software by Licensee is in accordance with the Agreement and does not exceed any user number or other limits on its use, and (d) to advise Licensee about service issues such as available upgrades and maintenance expiry dates. To the extent that any Information is confidential to Licensee it shall be treated as such by SGO when so notified or identified by Licensee when the Information is first provided to SGO (whether verbally or in written form).
SGO, advises users that abide by current Spanish legislation on matters of personal data protection, users’ privacy and the secrecy and security of personal data, as provided in Organic Law 15/1999, of 13 December, governing Personal Data Protection and in Royal Decree 1720/2007, of 21 December, which approve the Regulations that develop Organic Law 15/1999, by adopting the necessary technical and organisational measures to avoid the loss, misuse, alteration, unauthorised access or theft of the personal data provided, taking into account the state of the technology used, the nature of the data and the risks to which it is exposed.
Specifically, SGO informs users of its that personal data can only be obtained for processing if they are appropriate, pertinent, and not excessive for the determined area and ends, explicit and legitimate, for which they were obtained. They will be cancelled when they are no longer necessary or pertinent for these ends, or when their owner requests they be cancelled.
COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. SGO SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE
FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.
7.LIMITATION OF LIABILITY.
IN NO EVENT WILL SGO BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SGO OR ANY SGO RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
SGO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE OR OF ANY COPY PROTECTION DEVICE WITH WHICH THE SOFTWARE IS SUPPLIED . SPECIFICALLY, SGO SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE OR COPY PROTECTIO N DEVICE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE AND ANY COPY PROTECTION DEVICE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
8.RESTRICTED RIGHTS FOR U.S. GOVERNMENT CUSTOMERS.
The Software and Documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government or any agency, department, or instrumentality thereof is subject to the restrictions set forth in the Commercial Computer Software — Restricted Rights clause at FAR 52.227-19 or the Commercial Computer Software — Licensing clause at NASA FAR Supplement 1852.227 -86. Manufacturer is Soluciones Gráficas por Ordenador, SL, Eraso 23, 28028 Madrid, Spain.
This Agreement and the license granted hereby shall terminate without further notice or action by SGO if you, the licensee, become bankrupt, make an arrangement with your creditors or go into liquidation.
This Agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods. This Agreement shall be governed by the Spanish laws. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation.
If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.
A geographical limitation of use may be applied in countries where Lgpl Libraries are claimed to be restricted either by patents or copyrighted interfaces. Please check that the country in which you are about to use the sofware complies with the exemption of such limitations. If needed, please contact your local supplier in order to obtain the applicable license.
Founded in 1993, SGO has been leading the way in developing high-end software solutions in the post-production market for over twenty-two years.
Office: Eraso 23, Madrid, Spain, 28028 Phone: +34 91 542 79 76 E-Mail: firstname.lastname@example.org For more information visit our Contact page