Licence Agreement
Copyright 2005 Thomas Sapiano. All Rights Reserved.
Please carefully read this licence agreement, as it sets the terms by which you are being granted licence to use this software. By using, installing and/or distributing this software you agree to be bound by the terms of this agreement.
This computer program is protected by copyright law and other international agreements. Unauthorized reproduction, distribution or modification of this program, or any portion therein, may result in severe criminal and civil penalties and will be prosecuted to the maximum extent possible under the law.
1 PROFESSIONAL VERSION
This section of the agreement pertains to users who have purchased a licence for ITP 2.0 PROFESSIONAL. If you are using the Standard or Demo versions of this product, please read the relevant sections below.
ITP 2.0 PROFESSIONAL is a commercial product and may only be used by entities that have purchased a licence from PIXAGENT or one of its agents. This software is licenced, not sold. The entity that has purchased the licence is granted a non-exclusive, terminable, limited licence to use this product with the terms and conditions outlined below.
1.1 REDISTRIBUTION
The professional version of this package may NOT be distributed to anyone other than the person or organization whose name appears on the licence. ITP 2.0 PROFESSIONAL is a copyrighted product and has been provided to the licenced user for his or her own use.
1.2 NON-CONCURRENT USE
A single licence for the professional version of ITP 2.0 may only be used on one computer at any given time. Running ITP 2.0 PROFESSIONAL on more than one computer at any given time requires a separate licence for each instance. Doing so without the requisite number of licences is a violation of this agreement and any rights granted to the user will be immediately revoked.
1.3 INSTALLATIONS
ITP 2.0 PROFESSIONAL may be installed on a maximum of three (3) computers as long as it is only running on a maximum of one (1) machine at any given time. Please note that the user must abide by the provisions in section 1.2 of this agreement when installing the product on more than one machine. If additional installations are required please contact PIXAGENT and an extended licence may be granted on a case-by-case basis.
1.4 NON-TRANSFERABLE
The licence is granted to the entity named in the licence and cannot be transferred to any other parties. You may not rent, lease, sell, sublicence, assign or transfer your rights to this software, or authorize any portion of the software to be copied onto another entity’s computer.
2 DEMO VERSION
The demo version of this package may be used by any individual who has registered with PIXAGENT and been granted authorization to activate these features. This version may be used on a maximum of one (1) machine for a period of one (1) month from the date of activation. After this period, this licence will revert to that of ITP 2.0 STANDARD and any additional features will be automatically turned off. Each customer may only register a maximum of one (1) time and may not apply for additional demo licences after the first one has expired. If the user would like to use the extended features available in this version after this period has expired they will be required to buy a licence for ITP 2.0 PROFESSIONAL from PIXAGENT or request special permission.
2.1 REDISTRIBUTION
The demo version of ITP 2.0 may not be distributed to anyone other than the person or organization who was granted authorization to use this product by PIXAGENT. The activation process grants you a limited licence to use this product for your own uses for a limited amount of time on a single computer – distributing this licenced version to other parties is a violation of this agreement and is grounds for any rights granted being immediately revoked. Please redirect users to download this package from our website if interested in using this package.
3 STANDARD VERSION
Any user who downloads this package from PIXAGENT’s website and accepts this licence agreement is provided a limited licence to use the ITP 2.0 STANDARD. This licence only permits access to the standard features of this product and not the more advanced options. In addition, the author reserves the right to revoke this licence at any time.
3.1 REDISTRIBUTION
You may privately redistribute the standard version of this package to other individuals, however you MUST distribute the installation package as a whole and you are forbidden from distributing independent or modified portions of it. When distributing this package, you are responsible for ensuring that any third parties are made aware of this agreement and understand and agree to its terms. You may NOT redistribute this package for commercial gain of any kind without explicit written consent of the author.
4 COPY PROTECTION MECHANISMS
This product contains a number of copy protection mechanisms to enforce the terms of this agreement. In accepting this agreement the user agrees not to take any actions with the intent of circumventing these systems. Doing so will be taken as a violation of this agreement and will immediately void any rights granted to you. This action may also result in criminal and civil penalties and will be prosecuted to the maximum extent possible under the law.
5 LIMITATION OF LIABILITY
This software and all accompanying files, data and materials are distributed as-is and with no warrantees of any kind, whether express or implied. By using this product, the user assumes all responsibility for the risk of using this product whether to their property or to the property of others.
In no event will PIXAGENT or its principals, shareholders, officers, employees or affiliates be liable for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or savings, damages resulting from business interruption or failure to meet any duty of care, or claims by a third party. The foregoing exclusions apply to the extent permitted by applicable law in your jurisdiction. PIXAGENT’s aggregate liability and that of its affiliates and suppliers under or in connection with this agreement will be limited to the amount paid for the software, if any.
6 TERMINATION
PIXAGENT may terminate this licence at any time should you violate any term or condition of this agreement. Upon termination of this licence, you shall immediately return to PIXAGENT, all software and any copies thereof and certify to PIXAGENT that you have done so. The provisions of this paragraph of this agreement shall survive any termination of this agreement.
7 SEVERABILITY
Should any part or provision of this agreement be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by such holding.
8 GOVERNING LAW
This agreement shall be governed by the laws of the Province of Ontario, Canada. Exclusive jurisdiction and venue for all matters relating to this agreement and software shall be in courts located in the Province of Ontario, and by accepting this agreement you consent to this jurisdiction and venue.
9 MISCELLANEOUS
All rights of any kind in this package that are not expressly granted by this agreement are entirely and exclusively reserved to the author. The user may not reverse engineer, decompile, disassemble or create derivative works based on this product.
