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| Altima Technologies: End-User License Agreement |
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| Altima Technologies, Inc. |
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Applicable to the entire line of NetZoom products, including NetZoom 6 products, NetZoom Visio products, NetZoom Design Center products, NetZoom Office Research web service products, NetZoom Stencils Office Research web service products, NetZoom Universal products, NetZoom Solution products, NetZoomAV Solution products, NetZoom Symbols products, NetZoom Stencils products, NetZoom Computer/Telecom products, and NetZoomAV products |
You should carefully read this End-User License Agreement ("Agreement") before downloading, opening, loading, or operating the CD or online copy of the computer program and related documentation ("Software"). |
“NetZoom” and “Software” in this document will mean any of the products in the NetZoom line, including NetZoom 6 products, NetZoom Visio products, NetZoom Design Center products, NetZoom Office Research web service products, NetZoom Stencils Office Research web service products, NetZoom Universal products, NetZoom Solution products, NetZoomAV Solution products, NetZoom Symbols products, NetZoom Stencils, NetZoom Computer/Telecom products, NetZoom AV products, NetZoom AV Symbols products and NetZoom AV Stencils for Microsoft Visio products. |
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), the end user, and Altima Technologies, Inc. for the Altima Technologies software that accompanies this EULA. |
BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL ANY OF THE NETZOOM PRODUCTS; PROMPTLY RETURN THIS SOFTWARE AND ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS, SLEEVES, BOXES OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND OR CONTACT ALTIMA TECHNOLOGIES USING THE CONTACT INFORMATION IN THIS AGREEMENT. |
| SOFTWARE PRODUCT LICENSE. |
The Software is a proprietary product of Altima Technologies, Inc. and relevant third parties, and is protected by copyright law and international treaty. Any loading, use, or operation of the Software, other than as specifically permitted herein, is unauthorized and in violation of applicable copyright law and international treaty. For purposes of this Agreement, "Software" refers to the computer software and associated media (whether CD, web-based or otherwise), printed materials, including online and electronic documentation, and all accompanying items. |
| In consideration of the above and the terms and conditions set forth below, it is agreed as follows: |
The terms of this Agreement, and the rights granted hereunder, shall commence with the acceptance hereof and the installation of the Software by you onto your computer, and end upon the removal of the Software from your computer. However, this Agreement shall terminate immediately upon (i) your failure to comply with any term or condition of this Agreement, (ii) any unauthorized transfer of possession or use of the Software or any copy, derivative or incorporation thereof, (iii) circumvention of the Software protection device, if any exists, or this Agreement, or (iv) deactivation or destruction of the Software. Upon termination of this Agreement, you agree to return to Altima Technologies or destroy all copies of the Software and any related documentation. |
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GRANT OF LICENSE. Altima Technologies, Inc. grants you the following rights provided that you comply with all terms and conditions of this EULA: |
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1.1 |
Installation and use. You may: |
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(a). |
Use one copy of the Altima Technologies Software on any single computer, provided the Software is in use on only one computer at any time; and |
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(b). |
If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), then the person authorized to use such computer also may use the Software on a portable computer, laptop, and home computer so long as the Software is not used on both computers at the same time. |
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(c). |
If such person's authorization to use such computer ceases for any reason (e.g. termination of employment), then such person's authority to use the software on a portable computer, laptop, and home computer will automatically cease. |
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1.2 |
Separation of Components. The software is licensed as a single product, and its component programs may not be separated for use in any manner. |
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1.3 |
License grant for NetZoom 6. User shall use NetZoom Shapes and/or Stencils for his own use only. User may not extract shapes or underlying data to bundle with any other product, distribute, or publish. NetZoom 6 may not be shared with another user who does not have the valid, required license to use the products. |
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1.4 |
License grant for User License Packs. NetZoom 6 is sold in the form of a Single User License Pack, Five-User License Pack, and a Ten-User License Pack. Except for site licenses, each license is represented by a unique license key or subscription number to use the product and at the discretion of Altima, activation may be required. |
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RESERVATIONS OF RIGHTS AND OWNERSHIP. Licensee acknowledges that the Software constitutes trade secret and proprietary information of Altima Technologies. Title, ownership rights, and intellectual property rights in and to the Software will remain in Altima Technologies and is protected by United States copyright laws and international treaty provisions. There is no transfer to you of any title to or ownership of the Software and this Agreement should not be construed as a sale of any right in the Software. You must treat the Software like any other copyrighted materials, except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy written materials accompanying the Software. You may use the Software in your own personal and business documents as long as you are not selling the output generated by the Software or any related services. |
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You must reproduce and include the following copyright/proprietary notices contained in your licensed copy of NetZoom: (Additional license/agreement is required to include a copy, modification, or portion of NetZoom into another program.) |
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Copyright (c) 2000-2008 Altima Technologies, Inc. All Rights Reserved. |
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Altima Technologies, Inc., the Altima Technologies logo, NetZoom 6, NetZoom Visio, NetZoom Design Center, NetZoom Office Research web service, NetZoom Stencils Office Research web service, NetZoom Universal, NetZoom, NetZoomAV, NetZoom Solutions, NetZoomAV Solutions, NetZoom Symbols, NetZoomAV Symbols, NetZoom Stencils, NetZoomAV Stencils, the NetZoom logo, the NetZoomAV logo, iShape, the iShape logo, Port Level Intelligence and EQServer are trademarks of Altima Technologies, Inc. Other brands and product names are trademarks of their respective owners. |
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Licensee shall not remove or destroy or allow others to remove or destroy any proprietary markings of Altima Technologies. |
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OWNERSHIP OF MARKS AND LOGOS. All company names, trade names, trademarks, trade devices, copyrights, service marks, logos, symbols and any abbreviation, contraction or simulation thereof offered within the program are property of their respective owners. Images of logos are provided as a convenience for customers who have permission to use them by the respective owners. Contact the owner of the logo or mark for usage permission and applicable restrictions where required. |
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LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. User may not decompile, disassemble, or otherwise reverse engineer this program. You may not use, copy, modify, or transfer this program, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. If you do transfer possession of any copy, modification, or merged portion of the program to another party except as expressly provided, your license is automatically terminated. |
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UPGRADES. If the software is labeled as an upgrade, you must be properly licensed to use a product identified by Altima as being eligible for the upgrade in order to use the Software. The Software labeled an “upgrade” replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. For licensing requirements, the upgrade may not be separated for use from the product, or transferred separately or used on more than one computer except as set forth above. |
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SOFTWARE TRANSFER. This Agreement, along with the license key, subscription number, or serial number you received is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but if you are the person who initially licensed the Software you may make a one-time permanent transfer of your rights under this Agreement provided that you submit a written notification to Altima Technologies, Inc. and transfer this Agreement, the Software and all accompanying written materials, you retain no copies, and the recipient fully agrees to the terms of this Agreement. Further, you may not place the NetZoom or any of its components onto a server (unless you have obtained additional license and agreement from Altima) so that it is accessible by any one who does not have a valid license to use the product OR via a public network such as the Internet. |
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LICENSE TERM. The terms of this Agreement, and the rights granted hereunder, shall commence with the acceptance hereof and the installation of the Software by you onto your computer. The license is effective until terminated. You may terminate it at any time by destroying this program together with all copies, modifications, and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement, or if you fail to pay the appropriate license fee(s). You agree upon termination to destroy this program together with all copies, modifications, and merged portions in any form. |
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LIMITED WARRANTY. Altima warrants for a period of thirty (30) days from the date of shipment that, under normal use, the Software and software delivery media (such as downloads and/or DVDs) will perform substantially in accordance with the specifications contained in the accompanying materials and be free of defects in material and workmanship. You acknowledge and agree that Altima will satisfy this warranty if it corrects errors that appear in this program or in the user manuals, reported to Altima during the warranty period. ALTIMA DOES NOT WARRANT THAT ANY ALTIMA PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES ALTIMA WARRANT THAT ANY ALTIMA PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. Altima warrants and represents that it has the right to grant this license. The foregoing warranties are void if failure of a warranted item results, directly or indirectly, from an unauthorized modification to a warranted item; an unauthorized attempt to repair a warranted item; or misuse of a warranted item, including without limitation use of a warranted item under abnormal operating conditions or without routinely maintaining a warranted item. You agree to promptly notify Altima of any suspected defects in software delivery media or this program. |
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EXCHANGES AND REFUNDS. There are no refunds on NetZoom purchases. However, if you purchased the incorrect equipment library and wish to exchange it for a different library, you must do so within 30 days of the original purchase date. In addition, NetZoom Media Pack and Professional customers requesting an exchange must return library media (DVDs). Once it is received, the replacement media will be shipped. |
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LIMITATION ON REMEDIES. Altima's entire liability and your exclusive remedy shall be, in Altima's sole and absolute discretion, either (i) the repair or replacement of any warranted item which does not meet the respective warranties given above, or (ii) a refund of the purchase price of the warranted item. |
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DISCLAIMER OF WARRANTIES. The foregoing warranties are given in lieu of all other warranties. Altima makes no representations or warranties with respect to the software, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. YOU ACCEPT THE PRODUCT IN AN “AS IS” CONDITION. IN NO EVENT WILL ALTIMA BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE. You agree and acknowledge that in no event shall Altima be responsible or liable for any aspect of the host application for which the software is an add-in. |
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LIMITATION OF DAMAGES. In no event will Altima or its suppliers be liable to you for any damages, including but not limited to any incidental, special, or consequential damages, arising out of or in connection with the use or inability to use this program or software delivery media. Except as otherwise provided by applicable law, no claim, regardless of form, arising out of or in connection with this Agreement may be brought by you more than one (1) years after the cause of action has accrued. |
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EXPORT RESTRICTIONS. You may not export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. |
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GENERAL. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the Federal Acquisition Regulations (FAR) §52.227-14 (Jun 1987) Alternate III (June 1987), FAR § 52.227-19 (June 1987), or DFARS § 252.227-7013 (b)(3) (Nov 1995) or applicable successor provisions. Use of the Software by the U.S. Government constitutes acknowledgment of Altima Technologies’ proprietary rights therein. Manufacturer is Altima Technologies, Inc., 3030 Warrenville Road, Lisle, IL 60532. |
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If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
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This Agreement will be governed by the laws of the State of Illinois. Jurisdiction and venue for any dispute arising from this Agreement or relating to the Software shall be in the Eighteenth Judicial Circuit Court in DuPage County, Illinois.
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Should you have any questions concerning this Agreement, you may contact Altima by calling 1-630-281-6464, faxing to 1-630-281-6460, e-mailing Support@AltimaTech.com, or writing: |
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Altima Technologies, Inc.
Lisle Executive Center
3030 Warrenville Road
Lisle, IL 60532
USA |
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. |
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SUPPORT SERVICES. Altima will provide "Complimentary Service" during the warranty period solely for the Software. "Complimentary Service" will be limited to telephone support for bug reports, installation, and basic operation, excluding online or customization. To use the Complimentary Service, email support@AltimaTech.com or call Altima's customer service: 1-630-281-6464. Altima will accept customer reports of problems found, but after the warranty period you may be required to purchase updated or corrected software. You must contact the applicable host application provider with respect to support services related to the host application for which the Software is an add-in. |
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UPDATES. Upgrades, when and as available, are offered via the product website for customers who have a valid subscription license. |
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