This is a legal agreement between you ("You" or the "USER") and CrystalGraphics, Inc. together with YOUpresent (collectively the "COMPANY").
Throughout this license agreement, 'Software' is defined as the executable code contained within the ActivePrez Designer 'APD' program.
ActivePrez content 'APC' is defined as electronic presentation file(s) that contain content that is designed with the assistance of the APD.
USE OF THE SOFTWARE IS SUBJECT TO THE COMPANY SOFTWARE LICENSE TERMS SET FORTH BELOW.
USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.
IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MUST NOT USE THE SOFTWARE.
COMPANY SOFTWARE LICENSE TERMS
The following License Terms govern your use of the Software unless you have a separate written agreement with COMPANY.
1. Accepting the Terms
- In order to use the Software, you must first agree to the Terms. You may not use the Software if you do not accept the Terms.
- You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by COMPANY in the user interface for the Software; or
- by using the Software. In this case, you understand and agree that COMPANY will treat your use of the Software as acceptance of the Terms from that point forward.
2. Language of the Terms
- Where COMPANY has provided you with a translation of the English language version of the Terms, then you agree that
the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with COMPANY.
- If there is any contradiction between what the English language version of the Terms says and what a translation says,
then the English language version shall take precedence.
3. License Grant
COMPANY grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to Use one copy of the Software.
"Use" means storing, loading, installing, executing, displaying the Software for the purposes of creating APC enabled files.
You may not modify the Software or disable any licensing or control features of the Software. Unless the software is licensed for "concurrent use", you may install it on one computer only.
If the Software is licensed for "concurrent use", you may not allow more than the maximum number of authorised users to Use the Software concurrently.
The license entitles you to create an unlimited number of APC enabled files that may be interpreted by Microsoft PowerPoint and other applications.
- Unless you obtain an ActivePrez Service License from COMPANY, you may not use the software to create a
service business whereby you may charge 3rd parties for creating APC enabled files.
The Software is owned and copyrighted by COMPANY.
Your license confers no title or ownership in the Software and is not a sale of any rights in the Software.
COMPANY's third party suppliers may protect their rights in the event of any violation of these License Terms.
You may make a copy of the APD Software for backup purposes only.
The copy may be in the form of storage on rewriteable media such as a flash disk, hard disk,
file server or re-writeable optical disk or on a read only media such as a CD-ROM.
You may not copy the Software onto any bulletin board, blog, social networking web site or similar system.
6. License Credentials
It is your sole responsibility to maintain a copy of the license credentials which may include a unique user identity and a license key.
COMPANY does not accept responsibility for the loss of these credentials and you accept that COMPANY is not required to provide you with a copy of the credentials should you loose them.
You also accept that in the case of such a loss, COMPANY may make a reasonable administration charge to recover the license credentials
and in cases where the credentials cannot be recovered you will be required to purchase an additional license at the prevailing sales price.
7. No Disassembly or Decryption
You may not disassemble or decompile the Software unless COMPANY's prior written consent is obtained.
In some jurisdictions, COMPANY's consent may not be required for disassembly or decompilation.
Upon request, you will provide COMPANY with reasonably detailed information regarding any disassembly or decompilation.
You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
Irrespective of whether disassembly or decompilation is made or not, you may not make modifications of any
kind to the Software without the prior written permission from COMPANY.
Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer and their use of the Software will be considered by COMPANY as an acceptance of the Terms.
COMPANY may terminate your license upon notice for failure to comply with any of these License Terms.
Upon termination, you must immediately destroy the Software, together with all copies.
10. Resale and Export Requirements
You may not sell, export or re-export the Software or any copy in violation of any applicable laws or regulations.
11. Changes to the Terms
COMPANY may make changes to these Terms from time to time.
When these changes are made, COMPANY will make a new copy of the Terms available at and any changes to the
Terms will be made available to you from within, or through, the affected Software.
- You understand and agree that if you use the Software after the date on which the Terms have changed, COMPANY will treat your use as acceptance of the updated Terms.
12. U.S. Government Restricted Rights
The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software".
They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988),
DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101 (a),
or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable.
You have only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause or the COMPANY standard software agreement for the product.
13. Disclaimer of Warranties
YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND LIABILITY.
THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- COMPANY MAKES NO WARRANTY THAT (a) THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
(b) THE SOFTWARE WILL BE ERROR-FREE,
(c) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE,
OR (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UPDATE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
YOU ARE SOLELY RESPONSIBLE ANY DAMAGE TO YOUR COMPUTER SYSTEM, AND FOR THE LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE USE OF THE SOFTWARE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
14. Limitation of Liability
COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, OR DATA (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SOFTWARE, INCLUDING:
- THE USE, OR INABILITY TO USE, THE SOFTWARE.
- THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY.
15. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS IN SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
16. General legal terms
- You agree that COMPANY may provide you with notices, including those regarding changes to the Terms, by email, normal post or changes to the Software.
- You agree that if COMPANY does not exercise or enforce any legal right or remedy that is contained in the Terms
(or which COMPANY has the benefit of under any applicable law),
this will not be taken to be a formal waiver of COMPANY's rights and that those rights or remedies will still be available to COMPANY.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid,
then that provision will be removed from the Terms without affecting the rest of the Terms.
The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with COMPANY under the Terms, shall be governed by English law.
You and COMPANY agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that COMPANY shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.