Impatica Knowledgebase

KB-000312: What is the End User license agreement for Impatica for PowerPoint?

The End User License Agreement is available from the "File" menu of Impatica for PowerPoint. The menu item is named "Show License Agreement".

The agreement is here for your reference:

"LICENSE AGREEMENT

This is a legal agreement between you ( either as an individual or a single entity, hereinafter referred to as "Licensee") and IMPATICA INC. ("Impatica").  Please read this Agreement carefully before completing the installation of Impatica software ("SOFTWARE").  This license contains restrictions on Licensee's rights to use, copy, alter, and transfer the SOFTWARE.  By selecting the "I accept..." button below, Licensee is agreeing to the terms and conditions of this License.  By selecting the "I do not accept..." button below, Licensee understands that it will not be allowed to complete installation of, nor use, the software.

License - The SOFTWARE and related Documentation, in both printed and electronic form, are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties.  The SOFTWARE is licensed, not sold.  This license begins when Licensee receives the SOFTWARE from Impatica and shall end if terminated in accordance with the terms of this Agreement. All rights not specifically granted to Licensee in this Agreement are retained by Impatica.

Use - Subject to the terms of this Agreement, Impatica grants to Licensee a non-exclusive, non-transferable, license to install and operate the SOFTWARE for Licensee's own internal use for the term set out at the time of purchase. Unless provided through a separately executed Enterprise License agreement, the SOFTWARE may be installed and used on a single computer only. The software Registration key provided to Licensee by Impatica and which is required to activate the SOFTWARE further limits Licensee 's use of the SOFTWARE to one of: (a) evaluation only, or (b) general internal use.

Limited Rights - The license granted does not permit Licensee to: (a) grant any sublicense for all or part of the SOFTWARE; (b) copy the SOFTWARE, except for the making of one backup copy of the SOFTWARE, and it is agreed that each such copy of the SOFTWARE is subject to the terms of this Agreement; (c) transfer, assign, rent, lease, or otherwise dispose of the SOFTWARE on a temporary or permanent basis; or (d) use the SOFTWARE to produce content for a third party that is not at least 50% owned by the Licensee. The SOFTWARE contains proprietary information and trade secrets of Impatica. The SOFTWARE and copies thereof are proprietary to Impatica and title therefore shall remain in Impatica at all times. Licensee shall not reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the SOFTWARE, or modify the SOFTWARE, or create any derivative works based on the SOFTWARE. IF LICENSEE DOES ANY OF THE FOREGOING, THIS LICENSE IS AUTOMATICALLY TERMINATED AND LICENSEE MAY BE SUBJECT TO CRIMINAL OR CIVIL PROSECUTION.

Term - This license granted herein shall terminate automatically upon the breach of any provision of this Agreement by Licensee. Within 30 days after the date of termination of such license for any reason whatsoever, Licensee shall destroy all copies, in whole or in part, of the SOFTWARE and Documentation relating thereto, and any other Confidential Information in Licensee 's possession or control that is in tangible form. Nothing in this Agreement shall absolve Licensee from liability for damages resulting from any breach of this Agreement by Licensee, notwithstanding that Impatica may have other remedies available under this Agreement (including the right to terminate the license granted herein). If Licensee breaches the provisions of this Agreement, Licensee acknowledges that such breach may irrevocably harm Impatica, and in such event Impatica (without limiting its other rights or remedies) shall be entitled to equitable relief (including but not limited to injunctive relief) to protect its interests.

Warranty - Impatica warrants that the SOFTWARE will substantially conform to any specifications established by Impatica for a period of 90 days from the date of purchase. If any of the SOFTWARE fails to comply with the limited warranty set forth above, Impatica will replace it or at Impatica's option, make a reasonable effort to correct any program errors. If Impatica is unable to correct program errors, Impatica will refund the price paid for this SOFTWARE. The refund will fully satisfy Licensee's claims for SOFTWARE failure and Licensee shall have no additional remedies. Any replacement SOFTWARE will be warranted for the remainder of the original 90-day warranty period or for 30 days from the date Licensee received the replacement, whichever is longer.

EXCEPT AS OTHERWISE STATED HEREIN, THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS-IS" AND IMPATICA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND IMPATICA HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE DURATION OF IMPLIED WARRANTIES, IF ANY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO 90 DAYS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS MAY NOT APPLY TO LICENSEE. NO EMPLOYEE OR AGENT OF IMPATICA IS AUTHORIZED TO MAKE ANY WARRANTIES WITH RESPECT TO THE SOFTWARE.

Limitation of Liability - IMPATICA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL AND SPECIAL DAMAGES UNDER ANY THEORY OF LIABILITY (INCLUDING TORT CONTRACT, OR ANY OTHER THEORY) WHETHER SUFFERED BY LICENSEE OR ANY OTHER USER OF THE SOFTWARE, OR ANY THIRD PARTY, EVEN IF IMPATICA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMPATICA'S TOTAL LIABILITY SHALL BE LIMITED TO DIRECT COMPENSATORY DAMAGES AND SHALL NOT UNDER ANY CIRCUMSTANCES IN THE AGGREGATE EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.

Governing Law - This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, excluding their respective conflict of laws provisions. The United Nations Convention on the Sale of Goods and any legislation implementing such Convention shall not apply to the SOFTWARE licensed under this Agreement. Any legal proceedings related to this Agreement shall be commenced in Ottawa, Ontario, Canada."

 

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