Warunki Licencji Onyx

Warunki Licencji Onyx

END-USER LICENSE AGREEMENT

IMPORTANT! READ CAREFULLY: YOU SHOULD CAREFULLY READ THIS END-USER SOFTWARE LICENSE AGREEMENT (“EULA”) BEFORE ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE.  BY CLICKING “YES” BELOW OR BY INSTALLING OR USING THE SOFTWARE, YOU INDICATE YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU.  IF YOU DO NOT AGREE WITH THESE TERMS, OR DO NOT WANT THEM TO BE BINDING ON YOU, CLICK “NO” BELOW AND DO NOT INSTALL OR USE THE SOFTWARE. 

1. GENERAL This End-User License Agreement (“EULA”) is a legal agreement between You and Onyx Graphics, Inc. (“Onyx Graphics”) for the materials that accompany this EULA, which may include computer software,  media, written materials,  online or electronic documentation, and/or Internet-based services (“Materials”). An amendment or addendum to this EULA may accompany any portion of the Materials.

2.  GRANT OF LICENSE. This EULA is personal to you, and Onyx Graphics grants to you and only you the following rights, provided that you comply with all terms and conditions of this EULA:
2.1 Installation and use. You may use the Materials only on a single computer at a time only for your image reproduction activities and associated services and to update certain portions of the Materials  when appropriate, except that (i) if you have purchased a multi-user version of the Materials, you are authorized to use as many copies as you have purchased licenses for; and (ii) the Materials may be executed from a common disk shared by multiple CPUs provided that one authorized copy of the Materials has been licensed from Onyx Graphics for each individual computer executing the Materials. Onyx Graphics does not, however, guarantee that the Materials will function properly in your multi-user environment if you have not purchased the multi-user version of the Materials. 
2.2 Backup. You may also make one copy of the Materials in machine-readable form solely for backup purposes.  You must reproduce on each copy the Onyx Graphics copyright notice and any other proprietary legends that were on the original copy supplied by Onyx Graphics.
2.3 Scope of Use. You may use the Materials only for your image reproduction activities and associated services and to update certain portions of the Materials when appropriate.  You shall use your best efforts to protect your copies of the Materials against unauthorized copying or use.

3.   RESTRICTIONS.  You may not:
3.1 You may not modify or translate the Materials, or merge the Materials with another program. Any improvements or other modifications to the Materials are subject to this Agreement, and all right, title, and interest in and to those modifications will be owned solely by Onyx Graphics.
3.2 You may not reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Materials, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.3 You will not rent, lend, lease, sublicense, assign, transfer, network, reproduce, or timeshare the Materials or any portion thereof, or Your rights, duties, or obligations under this EULA, nor cause or permit any person or entity to do the same.  Further, any attempt to sublicense, assign, or transfer any of Your rights, duties, or obligations hereunder is void ab initio.  You will not electronically transfer all or a portion of the Software through a local area network, wide area network, or other network system or through any computer subscriber system or bulletin-board system.
3.4 You may not distribute, or cause or permit to be distributed, sold, licensed, or exploited all or any portion of the Materials, derivatives thereof, any profiles, color rendering dictionaries, or color separation tables that you generate using the Software, or the like, without express prior written permission from Onyx Graphics.

4. RESERVATION OF RIGHTS AND OWNERSHIP. All rights not expressly granted to you in this EULA are hereby reserved and there are no implied licenses are granted hereunder. The Materials are protected by copyright, trademark, trade secrets, patents and other intellectual property laws and treaties. Onyx Graphics or its affiliates, licensors, or suppliers own the title, copyright, and other intellectual property rights in the Materials. The Materials are licensed, not sold.

5. CONSENT TO USE OF DATA. You agree that Onyx Graphics and its affiliates may collect and use information on your use of the Materials and your hardware device.   This collection of data is anonymous and is evaluated only on an aggregate basis. 

6. PROVISIONAL (TRIAL) LICENSE AND PRE-RELEASE LICENSE TERMS.  With respect to trial licenses of the Materials and licenses of pre-release (alpha or beta) Materials, the following terms also apply and supersede any conflicting terms of this Agreement:
6.1 Materials licensed under a trial license and alpha/beta Materials are provided without warranty of any kind, and Onyx Graphics will not be liable for any damages whatsoever arising from the use thereof.
6.2 Installing Onyx Graphics’ Materials on a trial basis involves installing third party software under a software key, which may be difficult to uninstall. There is a small risk that this third party software may cause undesirable side effects, such as preventing unrelated programs from running properly, slowing computer response time, or causing the computer to stop running altogether.  You agree to assume this risk in consideration for receiving the right to use the trial or alpha/beta Software.
6.3 You agree to provide feedback to Onyx Graphics regarding the Materials and any problems you may have experienced with it, pursuant to Onyx Graphics’ current policies.
6.4 Alpha/Beta Materials constitute confidential information of Onyx Graphics, and you may not disclose the alpha/beta Materials or any information relating thereto to any third party.  You agree to treat alpha/beta Materials with at least the same level of protection as you give your own confidential information of a similar level of sensitivity, but not less than a reasonable level of protection. 
6.5 Onyx Graphics recommends that alpha/beta Materials not be used for productive or commercial purposes; any such use is solely at your own risk.  Onyx Graphics may update alpha/beta Materials. 
6.6 The term of the license for the alpha/ beta Materials will be as agreed between the parties, subject to termination by either party upon written notice to the other party.  Upon termination, you will return the alpha/ beta Materials to Onyx Graphics and destroy any additional copies from your system and files.

7.  ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, and/or other services components, of the Materials that Onyx Graphics may provide to you or make available to you after the date you obtain your initial copy of the Materials, unless we provide other terms along with the update, supplement, add-on component, and/or other services component. Onyx Graphics reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Materials.

8. GOVERNMENT RESTRICTED RIGHTS. The Materials are a “commercial item”, as that term is defined at 48 C.F.R. 2.101, and more specifically are “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212, and are provided with Restricted Rights.  The Materials are provided to U.S. Government End Users (a) only as a commercial end item, and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein.  Use, duplications, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is:

ONYX Graphics, Inc.
6915 South High Tech Drive, Salt Lake City, Utah USA 84047-3757
Telephone 801-568-9900
http://www.onyxgfx.com

9.  TERMINATION. Without prejudice to any other rights, Onyx Graphics may terminate this license without notice if you fail to comply with any provision of this EULA. Onyx Graphics may also seek damages or other available remedies for violation of this EULA or its intellectual property rights with respect to the Materials.  Upon termination you must destroy the all copies of Materials.  Sections 3-6 and 9-15 will survive any termination of this EULA.

10. DISCLAIMER OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE MATRIALS ARE LICENSED "AS IS AND WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY  IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.  ONYX GRAPHICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE OPERATION OF YOUR HARDWARE DEVICE WILL NOT BE ADVERSELY AFFECTED BY THE USE OF THE MATERIALS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THE AUTOUPDATE SYSTEM, AND ANY WEB SITE AND ITS SERVER FROM WHICH THEY ARE RECEIVED, ARE FREE FROM COMPUTER VIRUSES, TROJAN HORSES, AND OTHER MALWARE. 

11.  LIMITATION OF REMEDIES AND DAMAGES. To the maximum extent permitted by applicable law, in no event will Onyx Graphics or its developers, directors, officers, employees, affiliates or suppliers of any components of the Materials be liable to you for any special, consequential, incidental, indirect, or punitive damages whatsoever (including damages for loss of business profits, business interruptions, loss of confidential or other information, and the like) arising out of or related to the use of or inability to use the Materials or  otherwise arising out of the use of the Materials, 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 any warranty of Onyx Graphics or any affiliate or supplier, and, even if Onyx Graphics or an authorized representative of Onyx Graphics has been advised of the possibility of such damages.  Onyx Graphics’ liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the lesser of $500 or the money paid for the Materials that caused the damages.  To the extent permitted by applicable law, Onyx Graphics’ suppliers disclaim all warranty obligations and are not liable for any damages or liabilities arising out of this Agreement or your use of the Software.  THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND ONYX GRAPHICS, AND YOU ACKNOWLEDGE THAT THE MATERIALS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.  This Section 11 does not apply to the United Kingdom or non-U.S. countries, to the extent such provisions are inconsistent with or violate local law. Some jurisdictions do not allow disclaimer of express or implied warranties in certain transactions; therefore, this section may not apply to you, to the extent prohibited by applicable law in your jurisdiction.

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

13.  APPLICABLE LAW. This EULA is governed by the laws of the State of Utah and the United States of America.  Further, you hereby agree that all disputes arising out of or otherwise related to this EULA or the Materials shall be resolved in the applicable state or federal courts of the state of Utah.  The parties hereto consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

14. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Materials) constitutes the entire agreement between the parties with regard to its subject matter, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Materials or any other subject matter covered by this EULA. It may not be modified or amended except in a written document signed by the parties and specifically referring to this Agreement.  This Agreement shall take precedence over any other documents that may be in conflict therewith. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, all other provisions shall continue in full force and effect.

15.  INSPECTION.  Onyx Graphics reserves the right, upon two (2) working days notice, to inspect your installation and use of the Materials, to verify and confirm your compliance with the terms of this EULA.  Such inspection shall occur during normal business hours and at Onyx Graphics’ expense.


RAL CLASSIC, RAL DESIGN, RAL EFFECT: Š RAL, Sankt Augustin, 2013.

BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

Should you have any questions concerning this EULA, or if you desire to contact Onyx Graphics for any reason, please use the address information enclosed in these Materials to contact Onyx Graphics on the World Wide Web at http://www.onyxgfx.com.