Please note: A Software License is for a single physical computer only (it's tied to the computer's motherboard), and you cannot deactivate/activate a license to from one computer to another computer. Orders made after Sept 15th, 2010** are allowed four(4) 'resets' of a Software License, where you can reset your Software License in your Customer Account in the event of a getting a new motherboard on your current computer or if you upgrade to a new computer. The conditions of using a 'reset' are (a) 30 days have past since your Software License was generated or reset and (b) the software is no longer being used on and has been removed from the original computer. Once you have used up all Software License resets then you would have to purchase a new Software License to license a new computer. For complete details see our Software License Agreement below.
**orders made before Sept. 15, 2010 are allowed three(3) 'resets' per Software License
Software License Agreement
Please read this Software License Agreement (“LICENSE”) carefully before downloading, or ordering, or installing, or using any software(“SOFTWARE”) from Calibrated Software, Inc. ("CALIBRATED SOFTWARE") . This LICENSE is a legal contract between you, the end user(“YOU”, “YOUR”, “CUSTOMER” or “LICENSEE”) and CALIBRATED SOFTWARE. By downloading, or ordering, or installing, or using the SOFTWARE from CALIBRATED SOFTWARE, YOU are agreeing to be bound by these terms and are becoming a party to this LICENSE. If YOU do not agree to all of the terms do NOT download, or order, or install, or use SOFTWARE from Calibrated Software, Inc.
IMPORTANT NOTE: To the extent the SOFTWARE may be used to reproduce or access material/content, it is licensed to YOU only for reproduction of or access to material/content YOU are authorized or legally permitted to reproduce or access. Material/content that is reproduced or accessed by this SOFTWARE is the property of the applicable material/content owner and may be protected by copyright or other intellectual property laws.
1. GENERAL. The SOFTWARE is licensed, not sold, to YOU by CALIBRATED SOFTWARE for use only under the terms of this LICENSE and CALIBRATED SOFTWARE (and, to the extent applicable, its licensors), retains all title to and ownership of the SOFTWARE and CALIBRATED SOFTWARE reserves all rights not expressly granted to YOU. CALIBRATED SOFTWARE reserves the right at any time to change without notice the LICENSE. CALIBRATED SOFTWARE reserves the right at any time to change any and all prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or any other characteristics of the SOFTWARE. CALIBRATED SOFTWARE reserves the right to refuse, cancel, or suspend orders, licenses, or service at our sole discretion, not prohibited by law, without notice.
2. PERMITTED LICENSE USES AND RESTRICTIONS. Before payment of any applicable license fee(s) (“ORDER”), YOU agree to test the SOFTWARE in the unlicensed DEMO MODE to determine if the SOFTWARE suits YOUR particular needs. Using the SOFTWARE in DEMO MODE is for testing only, and should not be used for commercial purposes. Subject to payment of any applicable license fee(s), CALIBRATED SOFTWARE hereby grants to YOU a non-exclusive, non-transferable license to use the SOFTWARE on the following terms:
(a) Before placing an ORDER, check the number of Software License(s) that will come with an ORDER for the SOFTWARE.
(b)A Software License for the SOFTWARE can only be generated for and used on a single physical computer system ONLY. A Software License for the SOFTWARE will remove the DEMO MODE limitation(s) of the SOFTWARE for the single physical computer system that the Software License was generated for.
(c)A Software License for the SOFTWARE is NOT transferable to any other physical computer systems for any reason. You cannot "deactivate" a Software License for the SOFTWARE from one computer and "activate" a Software License for the SOFTWARE onto another computer. Also, changing a motherboard on a computer would be considered a new computer system and will negate a Software License for the SOFTWARE on that new computer system. Order placed on or after November 2010 have a limited, finite number of Software License 'resets' – where if your motherboard on your current computer is replaced for any reason or you upgrade to a new computer then you are able to reset your Software License to the new computer in your Customer Account on the Calibrated Software website. The number of times you can reset is limited– once you have used all of your resets then you would have to purchase a new Software License to license a new computer or if you replaced your motherboard on your current computer. You can only reset a Software License provided that (a) you have available resets remaining on your order (b) have removed the SOFTWARE from the previous computer and are no longer using the SOFTWARE on the previous computer (c) and 30 days have passed since you generated or reset your Software License. Please check the number of Software License reset(s) that will come with your order for the SOFTWARE, as different SOFTWARE products may have different number of Software License resets.
(d) A Software License for the SOFTWARE is only for the specific operating system you purchased the Software License for. You must purchase a separate Software License for using the SOFTWARE on each operating system platform. For example, on a single physical computer system running BOTH Mac OSX operating system and Windows operating system, two separate Software Licenses for the SOFTWARE (one Software License for Mac OSX and one Software License for Windows) would need to be purchased if you intend to use the SOFTWARE on both Mac OSX and Windows on that computer.
Only a single copy of the SOFTWARE operating in DEMO MODE can be made for archival purposes, provided that the backup copy contains all copyrights, license agreements and any other proprietary notices contained in the original. The terms of this LICENSE will govern any software upgrades provided by CALIBRATED SOFTWARE that replace and/or supplement the original SOFTWARE, unless such an upgrade is accompanied by a separate license agreement in which case the terms of that license agreement will govern. YOU agree to abide by the copyright law and all other applicable laws of the United States and other applicable jurisdictions. YOU may not, or permit any 3rd parties, modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the SOFTWARE, copy the SOFTWARE(except as and only to the extent permitted in this LICENSE), rent, lease, lend, give away, redistribute or sublicense the SOFTWARE, or remove any proprietary notices, watermarks or labels on the SOFTWARE.
3. REFUND POLICY. Please note that all of our SOFTWARE is available for download in DEMO MODE and that we do encourage and require YOU to download and test the SOFTWARE in DEMO MODE prior to placing an ORDER to make sure that the SOFTWARE fits your particular needs. CALIBRATED SOFTWARE will NOT REFUND the purchase price of an ORDER once a Software License has been generated, either by email, website, or any other means, for an ORDER. A refund for the purchase price of an ORDER may ONLY be granted if a Software License has NOT been generated for an ORDER, either by email, website or any other means, AND the refund request is within 30 days of the ORDER purchase date.
If the order was purchased thru a third-party, the terms and conditions of this REFUND POLICY will still apply to the order. Please contact both CALIBRATED and the third-party when requesting the refund, as CALIBRATED would not issue a refund directly to YOU, rather CALIBRATED would issue the refund to the third-party that the order was purchased thru and it would be the third-party's responsibility to issue the refund to YOU.
4. DISCLAIMER OF WARRANTIES. CALIBRATED SOFTWARE makes no representations concerning the suitability for any purpose of the SOFTWARE or about the accuracy of data or information made accessible by it. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.THE SOFTWARE AND ANY ACCOMPANYING FILES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANY OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
To the extent that the SOFTWARE contains MPEG-2 encoding and/or decoding functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, SEE HTTP://WWW.MPEGLA.COM.
To the extent that the SOFTWARE contains H.264/AVC encoding and/or decoding functionality, the following provision applies: THE H.264/AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE H.264/AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
MPEG-4 Visual Standard Notice:
To the extent that the SOFTWARE contains MPEG-4 encoding and/or decoding functionality, the following provision applies: THE MPEG-4 FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND ADDITIONAL LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM.
5. LIMITATION OF LIABILITY. CALIBRATED SOFTWARE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IS LIMITED TO A PROPERLY REQUESTED REFUND FOR YOUR SPECIFIC ORDER AS PER THE REFUND POLICY IN THIS LICENSE AND IN NO EVENT WILL CALIBRATED SOFTWARE'S ENTIRE LIABILITY EXCEED THE AMOUNT OF THE PURCHASE PRICE OF YOUR SPECIFIC ORDER AS PER THE REFUND POLICY IN THIS LICENSE. IN NO EVENT SHALL CALIBRATED SOFTWARE, INC., NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (BY YOU OR ANY THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR THISLICENSE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CALIBRATED SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. LIMITATION OF SUPPORT. CALIBRATED SOFTWARE is under no obligation to fix defects or issue any updates, revisions, corrections, new versions or manuals for the SOFTWARE or otherwise to support the SOFTWARE in any way.
7. TERMINATION. This LICENSE is effective until terminated. YOUR rights under this LICENSE will terminate without notice from CALIBRATED SOFTWARE if YOU fail to comply with any term(s) contained in this LICENSE. Upon termination of this LICENSE, YOU agree to cease ALL use of the SOFTWARE and destroy or erase any and all copies, full or partial, of the SOFTWARE. Upon termination of this LICENSE for any reason - provisions which, by their nature, should remain in effect beyond termination of this LICENSE shall survive. Except for a properly requested refund per the Refund Policy in this LICENSE, YOU shall not be entitled to any refund as a result of any termination of this LICENSE.
8. GOVERNANCE. This LICENSE shall be governed by the laws of the United States and/or the applicable local law of such jurisdiction where CALIBRATED SOFTWARE intellectual property rights may be infringed. The venue of any dispute under this LICENSE shall be the applicable state and/or courts of Texas, USA; except that CALIBRATED SOFTWARE may enforce its intellectual property rights before the competent courts of any jurisdiction where an act of infringement has occurred. If any part of this LICENSE is unenforceable, invalid, or violates applicable law, such part shall be deemed stricken and shall not affect the enforceability of any other part of this LICENSE. The failure of CALIBRATED SOFTWARE to act with respect to a breach of this LICENSE by YOU or others does not constitute a waiver and shall not limit CALIBRATED SOFTWARE's rights with respect to such breach or any subsequent breaches. CALBIRATED SOFTWARE expressly reserves the right to freely assign this LICENSE and to delegate any of its obligations hereunder.
9. NOTICE TO US GOVERNMENT CUSTOMERS. The SOFTWARE is commercial computer software developed exclusively at private expense. In the event that the SOFTWARE is LICENSED to the US GOVERNMENT, the SOFTWARE is a "Commercial Item(s)," as that terms is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. As specified in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 48 C.F.R. 227.7202-4, as applicable, of the Federal Acquisition Regulation and its successors, the US GOVERNMENT shall be subject to the terms of this LICENSE. The US GOVERNMENT shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein.
10. EXPORT LAWS.YOU understand that the SOFTWARE is subject to U.S. Export Administration Regulations and other export control laws, restrictions and regulations. YOU MAY NOT DOWNLOAD, SHIP, TRANSFER, EXPORT OR RE-EXPORT THE SOFTWARE EXCEPT IN FULL COMPLIANCE WITH ALL UNITED STATES AND OTHER APPLICABLE LAWS AND REGULATIONS IN PARTICULAR, BUT WITHOUT LIMITATION, NONE OF THE SOFTWARE MAY BE DOWNLOADED, SHIPPED, TRANSFERRED, EXPORTED OR RE- EXPORTED: (a) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAN, IRAQ, LIBYA, NORTH KOREA, OR SYRIA; OR (b) TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENIAL ORDERS. YOU HEREBY AGREE TO THE FOREGOING AND REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, OR UNDER CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY, OR ON ANY SUCH LIST.
11. COMPLETE AGREEMENT. This LICENSE sets forth the entire agreement between YOU and CALIBRATED SOFTWARE with respect to the downloading, installing, ordering or using of the SOFTWARE and supersedes all prior or contemporaneous understandings regarding such subject matter. The section headings in this LICENSE are included merely for convenience of reference and shall not be considered in any construction or interpretation of this LICENSE.
Copyright Calibrated Software, Inc., 2008. All rights reserved.