Automation Studio™ Software Copyright
Copyright © 1996-2024 Famic Technologies Inc. All Rights Reserved.
The text presented herein is a general information. Famic Technologies Inc. may change it without prior notice.
Famic Technologies Inc. makes no guarantees or commitments and assumes no responsibility or liability for any errors or inaccuracies that may appear in this text.
Famic Technologies Inc. is the exclusive owner of the Intellectual Property Rights related to Automation Studio™, which is protected by the copyright laws of Canada and other countries.
Famic Technologies Inc. provides licenses to use the Automation Studio™ software and the supporting information (User’s guides, Installation Guides, Teachware, Manufacturers Catalogues, etc.) under the Automation Studio™ End User Software License and Maintenance Agreement (EUSLMA). This EUSLMA is displayed at the start of the software installation procedure, which prompts for the End User’s acceptance. The installation proceeds only if the End User accepts all Terms and Conditions of the EUSLMA. The EUSLMA can be displayed again from the About menu in the Software, and is also available on Famic Technologies Inc. website (www.famictech.com).
The use of the Automation Studio™ licenses outside the Terms and Conditions of the EUSLMA is STRICLY PROHIBITED and is considered as SOFTWARE PIRACY. Famic Technologies Inc. may bring civil and/or criminal proceedings against companies and individuals violating the Terms and Conditions of the EUSLMA.
Third-Party Software
Automation Studio™ contains third-party licensed software with their respective Trademarks, Copyrights and license agreements. The following is a non-exhaustive list of such software.
All product names, trademarks cited herein are the property of their respective owners.
The following Microsoft Visual C++ Redistributable for Visual Studio might be installed during the installation of Automation Studio™ Software:
Microsoft Visual C++ Redistributable for Visual Studio 2010
Microsoft Visual C++ Redistributable for Visual Studio 2013
Microsoft Visual C++ Redistributable for Visual Studio 2022
The following Microsoft .NET Framework redistributables might be installed during the installation of Automation Studio™ Software:
Microsoft .NET Framework 3.5 SP1, 4.8
Microsoft Speech Platform – Runtime is installed during the installation of Automation Studio™ Software
MICROSOFT SPEECH PLATFORM RUNTIME 11 LICENSE AGREEMENT.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SPEECH PLATFORM RUNTIME 11
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices to design, develop and test your programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. You are permitted to distribute the software in object code form (the “Distributable Code”) in programs you develop if you comply with the terms below.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
· add significant primary functionality to it in your programs;
· for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
· distribute Distributable Code included in a setup program only as part of that setup program without modification;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software;
· transfer the software or this agreement to any third party; or
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada,
certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé
par une licence est offert « tel quel ». Toute utilisation de ce logiciel est ŕ
votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse.
Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la
protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d’adéquation ŕ un usage particulier
et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRĘTS ET EXCLUSION DE
RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft
et de ses fournisseurs une indemnisation en cas de dommages directs uniquement
ŕ hauteur de 5,00 $ US. Vous ne pouvez prétendre ŕ aucune indemnisation pour
les autres dommages, y compris les dommages spéciaux, indirects ou accessoires
et pertes de bénéfices.
Cette limitation concerne :
· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
· les réclamations au titre de violation de contrat ou de garantie, ou au
titre de responsabilité stricte, de négligence ou d’une autre faute dans la
limite autorisée par la loi en vigueur.
Elle s’applique également, męme si Microsoft connaissait
ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise
pas l’exclusion ou la limitation de responsabilité pour les dommages indirects,
accessoires ou de quelque nature que ce soit, il se peut que la limitation ou
l’exclusion ci-dessus ne s’appliquera pas ŕ votre égard.
EFFET JURIDIQUE. Le présent
contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits
prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits
que vous confčrent les lois de votre pays si celles-ci ne le permettent pas.
Microsoft.Practices V5 library is installed and used by Automation Studio™ Software
https://msdn.microsoft.com/en-us/library/dd203100.aspx
Microsoft Public License (Ms-PL)
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.
A “contribution” is the original software, or any additions or changes to the software.
A “contributor” is any person that distributes its contribution under this license.
“Licensed patents” are a contributor’s patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors’ name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Antlr3 library is installed and used by Automation Studio™ Software
ANTLR 3 License
http://www.antlr3.org/license.html
[The BSD License]
Copyright (c) 2010 Terence Parr
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ANTLR Project -- Developer's
Certificate of Origin
From ANTLR v3 and StringTemplate
onwards, all substantial and/or active contributors must sign and fax or snailmail a copy of the ANTLR contributors
certificate of origin formally agree
to abide by it by signing on the bottom with the date. An email address and
your full name must be included. Mail or fax to:
Terence Parr
University of San Francisco
2130 Fulton St, HR532
San Francisco, CA 94117
Fax: +1 415 422 5800
Antrl4 library is installed and used by Automation Studio™ Software
https://www.antlr.org/license.html
ANTLR 4 License
[The BSD License]
Copyright (c) 2012 Terence Parr and Sam Harwell
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
· Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
· Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Developer's Certificate of Origin
As of 4.10, ANTLR uses the Linux Foundation's Developer Certificate of Origin, DCO, version 1.1. See certificate of origin.
ZLib library is installed and used by Automation Studio™ Software
http://zlib.net/zlib_license.html
zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.11, January 15th, 2017
Copyright (C) 1995-2017 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
Newtonsoft library might be in installed and used by Automation Studio™ Software
https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md
Copyright (c) 2007 James Newton-King
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal in the Software
without restriction, including without limitation the rights to use, copy, modify,
merge, publish, distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be included in all copies
or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE
OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Eyeshot libraries are installed and used by Automation Studio™ Software
Eyeshot https://devdept.com/Company/Legal
License Agreement
for devDept Software products
IMPORTANT: READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you, a developer of software applications, and devDept Software S.r.l. (“DEVDEPT”) for all DEVDEPT products, frameworks, components, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE") contained in this distribution.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE.
SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DEVDEPT or its suppliers own the title, copyright and other intellectual property rights in SOFTWARE. SOFTWARE is licensed, not sold.
Summary of some of the most popular topics covered in this EULA:
· Licenses granted are perpetual. They do not expire when your subscription does.
· Licensed users get unlimited, royalty-free distribution rights.
· Licensed users can install the SOFTWARE on any number of computers.
· To develop with the SOFTWARE, each developer must have his own subscription.
· You may not use the SOFTWARE to develop SDKs, APIs or development tools.
· The SOFTWARE is provided as-is, without representations or warranties of any kind.
1) GRANT OF LICENSE. DEVDEPT grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
a) General Software License Grant. DEVDEPT grants the use of SOFTWARE according to one of the named license types below as identified in SOFTWARE description and according to the feature list included with SOFTWARE documentation.
i) Standard License. DEVDEPT grants to you one (1) personal, nontransferable, nonexclusive, royalty free license to use copies of SOFTWARE and install such SOFTWARE on three computers for your single concurrent internal use, (ii) to design, develop and test any number applications that you create.
ii) Trial License. If the SOFTWARE you have obtained is marked as a "TRIAL" or “EVALUATION”, you may install one copy of the SOFTWARE for evaluation purposes only, for a period of 30 calendar days from the date of installation ("EVALUATION PERIOD"). Upon expiration of the EVALUATION PERIOD, the SOFTWARE must be uninstalled and all copies destroyed. You may not create applications or begin software projects using the SOFTWARE under the terms of the Trial license. You may not redistribute files in the SOFTWARE distribution if using an evaluation or trial version of the SOFTWARE.
b) Software Activation. SOFTWARE may include technology that restricts the use of SOFTWARE to a specific hardware profile that, when present, must be activated to use SOFTWARE. DEVDEPT may, but is not required to, at its discretion authorize additional transfers for hardware failure or other circumstances.
c) Remote Access. The single primary user of the licensed machine may access and use SOFTWARE installed on the licensed machine remotely from any other device. No other person may use SOFTWARE under the same license.
d) Unlicensed Third Parties. Licenses are non-transferable. All parties must be licensed individually by DEVDEPT.
e) Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed beyond your premises.
f) Redistribution.
i) You are granted a royalty free license to redistribute in binary form any components of SOFTWARE explicitly marked as redistributable provided that you provide all technical support for the distribution, you do not allow recipients to disassemble, decompile, or in any other way allow them to gain separate access to SOFTWARE or any part of SOFTWARE.
ii) Redistributions in binary form must reproduce the following copyright notice in the documentation, or wherever such third-party acknowledgements normally appear: “Portion of copyright © devDept Software S.r.l. All Rights Reserved.”
iii) The end user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by devDept Software S.r.l. (http://www.devdept.com)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. You may optionally exclude this notice with written permission from DEVDEPT.
iv) The name "DEVDEPT" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact sales@devdept.com.
v) Works derived from SOFTWARE may not be called "DEVDEPT", nor may "DEVDEPT" appear in their name, without prior written permission of DEVDEPT.
vi) DEVDEPT is not obligated to provide support for works derived from SOFTWARE.
g) Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of SOFTWARE or attempt in any way to circumvent or disable any software protection including but not limited to encryption, copy protection, machine profiling and software enforced restrictions.
h) Reservation of Rights. DEVDEPT reserves all rights not expressly granted herein.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Rental. You may not rent, lease, or lend SOFTWARE without express written permission from DEVDEPT.
b) Termination. Without prejudice to any other rights, DEVDEPT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately destroy all copies of the SOFTWARE, including backups and all of its component parts and derived works. Section 5 and 6 will survive termination of the agreement.
c) Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(b).
d) Consideration. For the rights and license granted in this EULA you will pay DEVDEPT or an authorized reseller the currently published retail price available at http://www.devdept.com or another mutually agreed upon amount to appear on a valid invoice.
e) Consent to Use of Data. You agree that DEVDEPT and its affiliates may collect and use technical information, excluding any Confidential Information, gathered as part of SOFTWARE support services provided to you, if any, related to SOFTWARE. DEVDEPT may use this information solely to improve its products, to provide customized services or technologies to you and to verify compliance with terms of this EULA. DEVDEPT may disclose this information, excluding any information explicitly declared as Confidential Information, to others but not in a form that personally identifies you.
f) Derived Works. You agree that you will not use SOFTWARE to develop derived works that offer similar functionality as SOFTWARE, expose the features of SOFTWARE for use by an unlicensed third party. You agree not to create software that might directly compete with DEVDEPT products at the time of the purchase.
3) SOFTWARE MAINTENANCE AND UPDATES
a) For a period of twelve (12) months following the purchase of SOFTWARE, DEVDEPT will provide email support with guaranteed response in one (1) business day.
b) For a period of twelve (12) months following the purchase of SOFTWARE, DEVDEPT will provide free critical upgrades to SOFTWARE. Updates may be obtained by logging in to your account at http://www.devdept.com/account
c) Upgrades and Updates. If this copy of SOFTWARE is an upgrade or update from an earlier version of SOFTWARE, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of SOFTWARE to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of SOFTWARE or transfer it to another person or entity.
4) EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is subject to Italian export jurisdiction. You agree to comply with all applicable international and national laws that apply to SOFTWARE including the Italian Export Administration Regulations as well as end-user, endues and destination restrictions issued by Italian and other governments.
5) INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into SOFTWARE and any copies of SOFTWARE that you are expressly permitted to make herein) are owned by DEVDEPT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of SOFTWARE are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All title and intellectual property rights in and to your modifications to SOFTWARE are owned by you provided that such modifications are made available to DEVDEPT free of charge and royalty free for inclusion in later releases of SOFTWARE. All rights not expressly granted are reserved by DEVDEPT.
6) LICENSE VALIDATION. DEVDEPT may automatically check the version of any of its SOFTWARE. Devices on which the SOFTWARE is installed may periodically provide information to enable DEVDEPT to verify that the SOFTWARE is properly licensed. This information includes the SOFTWARE version, the end user’s user account, product ID information, a machine ID, and the internet protocol address of the device. If the SOFTWARE is not properly licensed, its functionality will be affected. You may only obtain updates or upgrades for the SOFTWARE from DEVDEPT or authorized sources. By using the SOFTWARE, you consent to the transmission of the information described in this section.
7) OPEN SOURCE LIBRARIES. The following open source libraries are used and included within the SOFTWARE:
a) SharpDX (Open Source – MIT license)
Copyright © 2010-2013 Alexander Mutel
URL: http://sharpdx.org
Version: 3.0.2
b) Clipper (Open Source
– BSL license)
Copyright © 2014 Angus Johnson
URL: http://sourceforge.net/projects/polyclipping
Version: 6.2
c) Triangle.NET (Open
Source – MIT license)
Copyright © 2005 Jonathan Richard Shewchuk, © 2014 Christian Woltering
URL: https://github.com/garykac/triangle.net
Version: Beta 3
d) MIConvexHull (Open Source – LGPL license)
Copyright © 2015, Matthew Ira Campbell & David Sehnal
URL: http://github.com/DesignEngrLab/MIConvexHull
Version: 1.1.18
e) Protocol Buffers
(Open Source – BSD license)
Copyright © 2014, Google Inc.
URL: http://github.com/google/protobuf
Version: 3.5
f) GeometryGymIFC (Open Source – MIT license)
Copyright © 2016, Geometry Gym Pty Ltd
URL: http://github.com/jmirtsch/GeometryGymIFC
Version: 3.5
8) NONDISCLOSURE
a) Both parties recognize that the other party may obtain proprietary and/or confidential information (“Confidential Information”) in the course of the business relationship defined herein. Each party therefore agrees that it will not disclose the Confidential Information of the other party to any third party (i) except as provided for in this EULA or as necessary to pursue and implement the business relationships defined herein; (ii) to its responsible employees and professional advisors with a bona fide need to know and whom are bound by agreement or law to keep such information confidential; (iii) as authorized by the other party in writing or (iv) to the extent required by applicable law, court, or government agency, provided that the disclosing party promptly notifies the other party thereof and cooperates with any efforts by the disclosing party, at the disclosing party’s expense, to limit such disclosure by means of seeking a protective order or requesting confidential treatment.
b) You shall notify DEVDEPT immediately upon discovery of any unauthorized use or disclosure of confidential information, and will cooperate with DEVDEPT in every reasonable way to help DEVDEPT regain possession of the confidential information and prevent its further unauthorized use or disclosure.
c) You agree to pay, liquidated damages of no less than ten (10) times the purchase price or fifteen thousand Euros (€15,000) whichever is greater plus any direct, indirect or actual damages if any violation of section 6 is proved in a court of law or admitted.
9) LIMITED WARRANTY AND DISCLAIMER
a) Except with respect to a TRIAL, EVALUATION or BETA versions of the SOFTWARE, DEVDEPT warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, SOFTWARE will perform in substantial conformance with the documentation supplied with SOFTWARE; and (ii) the physical media on which SOFTWARE is furnished, if any, will be free from defects in materials and workmanship under normal use.
b) DEVDEPT PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE TRIAL, EVALUATION OR BETA VERSION OF SOFTWARE. THE TRIAL, EVALUATION OR BETA VERSION OF SOFTWARE IS PROVIDED "AS IS".
c) DEVDEPT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. DEVDEPT DOES NOT WARRANT THAT SOFTWARE IS ERRORFREE OR WILL OPERATE WITHOUT INTERRUPTION. SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEVDEPT SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVDEPT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
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