An End User License Agreement (EULA) outlines the USE of software. Software is not purchased, it is Licensed for use.
AccuRIP, AccuRIP Black Pearl, AccuRIP Black Pearl SE, and AccuRIP Ruby SOFTWARE LICENSE AGREEMENT FOR Freehand Graphics, Inc. and Fawkes Engineering, Inc. (the End User License Agreement).
This computer program(s) (SOFTWARE) is LICENSED to you by Freehand Graphics, Inc. for use only under the Terms of this License Agreement. Fawkes Engineering, Inc. (the “PUBLISHER”) reserves all rights not expressly granted to you. The “SOFTWARE” is protected by copyright laws, as well as other intellectual property laws.
AccuRIP, AccuRIP Black Pearl, and AccuRIP Ruby offer a software feature option “All Black Ink” (multi-black) that is a feature Licensed by Freehand Graphics, Inc. for use only under the Terms of this License Agreement. Freehand Graphics, Inc. / Fawkes Engineering, Inc. (the “PUBLISHER”) reserves all rights not expressly granted to you. The “SOFTWARE” is protected by copyright laws, as well as other intellectual property laws. The ability to operate the All Black Ink feature is through a separate License and may require a separate serial number and purchase to operate for a period of time as specified by Freehand Graphics, Inc. at the time of purchase.
1. GRANT OF LICENSE TO USER BY PUBLISHER
This LICENSE grants the original END-USER/PURCHASER the right to:
(a) Use the SOFTWARE on a single computer at a time. To “use the SOFTWARE” means that the SOFTWARE is either loaded in the temporary memory (i.e. RAM) of a computer, or installed on the permanent memory of a computer (i.e. hard disk, etc.). You must acquire and dedicate a License for each separate computer on which the SOFTWARE is installed and run on. A single License for SOFTWARE may not be shared or used concurrently on different computers.
(b) Make one copy of the SOFTWARE in machine-readable form solely for backup purposes. As an express condition of this License Agreement, you must reproduce on each copy any copyright notice or proprietary notice that is on the original supplied by Fawkes Engineering. No other copies are permitted. You are permitted to print one copy of the documentation, but should limit the number of printed copies of the documentation to the number of users. You agree that the SOFTWARE may make use of the internet connection(s) and consent to the SOFTWARE establishing an internet connection when required. Tasks requiring SOFTWARE to establish an internet connection may consist of, but are not limited to: Allow Internal Communication between SOFTWARE components, handle Validation and Activation/Deactivation of SOFTWARE license, check for availability of updates/upgrades to the SOFTWARE, Allow printing to network connected printing device(s), etc.
(c) Updating Software Version. The Software may have the ability to connect over the Internet to a server of Fawkes Engineering, Inc. or any third party entrusted by Fawkes Engineering, Inc. or Freehand Graphics, Inc. in order to update the software version (i) automatically or (ii) with your consent in advance. Such updated software shall be deemed to be the SOFTWARE, and be governed by the Agreement.
(d) End of Life. When a new version is released, the previous version has gone end of life (EOL). Freehand Graphics, Inc. and Fawkes Engineering, Inc. reserve the right to alter coverage for, or cease the support of end of life software.
(e) Warranty and Support Policy. Fawkes Engineering, Inc. and Freehand Graphics, Inc. reserve the right to alter warranty and support coverage for, or cease the support of software at their discretion. For current documentation of Warranty and Support policies review section 5 of this document, and go to:
(f) Upgrade Reset Support. Upgrading to the latest shipping version automatically reactivates a user to receive the current Support Benefits. A User may be required to provide verification of their License to the Support Service Team. AccuRIP Black Pearl provides two (2) Serial Number Server resets for Hardware Crash/Reformat and/or loss of License. Additional resets will require a FEE (not to exceed the cost of a new FULL License).
The SOFTWARE contains trade secrets and copyrighted materials. You may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, SELL, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. Except as stated herein, this License does NOT grant you any rights to patents, copyrights, trademarks, trade names, (whether registered or unregistered) or any other rights, or licenses in respect to the SOFTWARE and its documentation.
You agree not to modify any of the SOFTWARE’s BINARY EXECUTABLE FILES or replace any of the SOFTWARE’s BINARY EXECUTABLE FILES with a modified version of the same. You agree to install and use the SOFTWARE using only authorized SOFTWARE installation package(s) provided by and originating from Fawkes Engineering Inc., or Freehand Graphics. You also agree not to remove or modify the NON EXECUTABLE files installed by the installation package at install time, and may only remove said files for purposes of completely uninstalling the SOFTWARE. Altering or removing any of the FILES installed by the installation package at install time may cause the SOFTWARE to function incorrectly or even cease to function.
YOU AGREE NOT TO RENT, LEASE, SUB-LEASE, SELL OR TRANSFER this SOFTWARE (Software License) to another user. “Another User” is defined as any person or company that is not the Original Purchaser of Record. Ownership of the Software remains with the Publisher. Acceptance of this END USER LICENSE AGREEMENT is confirmation of your acceptance of all TERMS of this Agreement. Sale/Purchase of this Software from parties other than Freehand Graphics, Inc. and its authorized AGENTS is NOT permitted.
This License is effective until terminated. This License will be terminated immediately without notice from Fawkes Engineering or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the SOFTWARE, all accompanying written materials and all copies thereof, and Sections 4, 5 and 6 will survive any termination. Freehand Graphics, Inc. and Fawkes Engineering, Inc. retain the right to require proof that the User is the Original Purchaser of Record and reserve the right to Terminate the Use of the License at will.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, or text incorporated into the SOFTWARE) the accompanying printed materials and any copies of the SOFTWARE product are owned by Fawkes Engineering, Inc. and Freehand Graphics, Inc., with all rights reserved.
5. LIMITED WARRANTY
Fawkes Engineering and Freehand Graphics warrants for a period of ninety (90) days from the original date of purchase that, (i) the SOFTWARE as provided by Fawkes Engineering will substantially conform to Fawkes Engineering’s published specification for the SOFTWARE. Fawkes Engineering’s entire liability and your exclusive remedy for any breach of the foregoing limited warranty will be at Fawkes Engineering’s discretion.
NO OTHER WARRANTIES.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY FAWKES ENGINEERING INC AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT WILL FAWKES ENGINEERING INC. OR FREEHAND GRAPHICS INC., ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPENT CONSUMABLES AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF A REPRESENTATIVE OF FAWKES ENGINEERING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS MICROSOFT CORPORATION, APPLE, INC., EPSON AMERICA, INC. AS WELL AS ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, ETC. FROM ALL LOSSES, CLAIMS, ATTORNEYS’ FEES, LIABILITIES, OR EXPENSES, KNOWN OR UNKNOWN, ARISING FROM THE DISTRIBUTION OR USE OF THE SOFTWARE.
This License is governed by the laws of the State of California. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U.S. Government user, then the SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, 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 clause at 48CFR 52.227-19, as applicable.
Manufacturer: Fawkes Engineering Inc., 130 Rancho Del Ray, Escondido, CA 92025