Photomatix Software Developer Kit License Agreement
This Photomatix Software Developer Kit ("SDK") License Agreement is a legal agreement between you (either an individual or a single business entity) ("LICENSEE") and MultimediaPhoto SARL ("MULTIMEDIAPHOTO") for the Photomatix SDK package ("SOFTWARE"). The SOFTWARE means the Photomatix SDK DLL (dynamic link library) and the Photomatix SDK documentation and sample source code. By installing, copying, downloading or otherwise using the SOFTWARE, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the SOFTWARE.
1. License grant. This agreement permits the LICENSEE the non-exclusive right to use one copy of the SOFTWARE for development purposes. The SOFTWARE may be used only on computers owned, leased, or otherwise controlled by you and only one computer at a time.
2. Derivative Works. MULTIMEDIAPHOTO grants you a non-exclusive right to distribute ìDerivative Worksî (program code you create based on the SOFTWARE) only internally to employees within your company or organization, or to faculty, staff and students within your academic institution.
3. Restrictions.
3.1. Derivative Works may only be used on computers with a legally licensed copy of the SOFTWARE installed
3.2. You may not sell, rent, lease, resell for profit, all or any portion of the Derivative Works
3.3. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the SOFTWARE. You may not redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the SOFTWARE.
4. Copyright. All title and intellectual property rights in and to the SOFTWARE and any copies of the SOFTWARE, are owned by MULTIMEDIAPHOTO. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content.
5. NO WARRANTIES. MultimediaPhoto expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL MULTIMEDIAPHOTO OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF MULTIMEDIAPHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, MULTIMEDIAPHOTO'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF EUR 1.00 OR LICENSE FEE PAID BY YOU.
Should you have any questions concerning this Agreement, or if you desire to contact MultimediaPhoto for any reason, please write: MultimediaPhoto, 10 av. du professeur Grasset, Batiment B, 34090 Montpellier, France.