EULA - End User License Agreement
Altia(R) Software License Agreement
Please read this License Agreement (hereafter "Agreement")
before opening, downloading, installing, or operating this
software. Any of the above actions indicates your acceptance
(and your company's acceptance) of, and legally binds both
you and your company (hereafter "Licensee") to, the terms and
conditions set forth below.
1. "Software Program" means one of Altia's software products (for
example, Altia(R) Design, Altia(R) PhotoProto, Altia FacePlate(TM), Altia ProtoPlay(TM),
2. "Software Component" means a Software Program or a component
of a Software Program (for example, Altia Design Runtime).
3. "Documentation" means any documentation in printed or
electronic (online) form provided to Licensee in connection with a
4. "License Server" means the computer running Altia's license
server software for allocating Altia licenses to itself and other
5. "Host CPU" means the computer on which the Software Program,
per its Documentation, is intended to be installed and run.
6. "Host OS" means the operating system under which the Software
Program, per its Documentation, is intended to be installed and run.
7. "Similar Host OS" means an operating system from the same
category as the Host OS. Categories include Consumer Windows
(for example, Windows 95/98/Me/XP), Professional Windows (for
example, Windows NT/2000/XP Professional), Consumer Unix (for
example, Linux, FreeBSD), and Professional Unix (for example,
Solaris, HP-UX, IRIX, AIX).
8. "Development Project" means a concerted effort by a group of
Licensee's employees and/or contractors to produce a product or
9. "Source Code" means computer code in human readable form.
10. "Generated Code" means Source Code generated by a Software
11 "Derivative Code" means Generated Code that has been revised,
enhanced, or modified in any way.
12. "Licensee's Application" means one and only one product
(commercial or otherwise) created by Licensee utilizing compiled
Generated Code, compiled Derivative Code, and/or a Software
Component. Licensee's Application may be modified and enhanced
and still be considered "one and only one product" provided the
basic functionality and purpose of the product is not changed.
13. "Target CPU" means the computer system on which the
Licensee's Application is intended to run.
14. "Target OS" means the operating system under which the
Licensee's Application is intended to run.
15. "Software Certificate" means the certificate issued by Altia
specifying the Software Program the Licensee is allowed to use
along with the type of license (see "Types of Licenses" below),
number of simultaneous users (seats), Host OS, Host CPU,
License Server (if applicable), Target OS (if applicable), Target
CPU (if applicable), Licensee's Application (if applicable), and
modifications, if any, to this Agreement.
Types of Licenses
A Node Locked License permits the Licensee to run the Software
Program on one computer (specifically, the Host CPU running the
Host OS indicated on the Software Certificate). A Floating License
permits the Licensee to run the Software Program on one or more
computers simultaneously (specifically, the Host CPU(s) running
the Host OS(s) indicated on the Software Certificate) by connecting
to one common License Server (specifically, the License Server
indicated on the Software Certificate), provided the number of
computers running the Software Program simultaneously does
not exceed the number indicated on the Software Certificate. In
addition, all computers involved must have a Similar Host OS, be
used for the same Development Project, and be located at a specific
facility address of the Licensee consisting of a single building or
multiple buildings on a contiguous campus. A Site License is
equivalent to a Floating License with the addition of permitting
multiple License Servers (specifically, the License Servers
indicated on the Software Certificate) and the removal of the
Similar Host OS and same Development Project restrictions. A
World-Wide License is equivalent to a Site License with the
removal of the specific facility address restriction. A Trial
License permits the Licensee to run the Software Program, with
restrictions (see "Additional Restrictions on Trial or Evaluation
Software" below), on one computer (specifically, the Host CPU
running the Host OS designated by Altia) for a period of time
determined by Altia.
Modifications, if any, to the above limitations on the use of a
particular license will be noted on the Software Certificate under
"License Agreement Modifications".
Grant of License
Subject to the terms and conditions of this Agreement, Altia hereby
grants to Licensee a nonexclusive license to use solely for Licensee's
internal business purposes the provided Software Program and
Documentation for which the applicable Software Certificate has
been issued and for which the license fees have been paid.
Subject to the terms and conditions of this Agreement, Altia hereby
grants to Licensee a nonexclusive license to reproduce and distribute
Licensee's Application utilizing compiled Generated Code, compiled
Derivative Code, and/or a Software Component to Licensee's end
users for which the applicable Software Certificate has been issued
and for which the binary and/or runtime distribution license fees
have been paid.
Licensee may not disassemble, decompile, or otherwise reverse
engineer any portion of the Software Program. Licensee may not
disable, modify, or otherwise circumvent Altia's licensing method
for any reason.
Licensee may not make copies of the Software Program, electronic
documentation, Generated Code, or Derivative Code except for
archival purposes or when copying is an essential step in their use.
Printed documentation cannot be copied without written permission
from Altia. Derivative Code must retain all copyright, patent, and
confidentiality notices present in the Generated Code from which
it was derived.
Licensee may not disclose, reproduce, or distribute Generated Code
or Derivative Code except in compiled form as part of Licensee's
Application. Similarly, Licensee may not disclose, reproduce, or
distribute any Software Component except as part of Licensee's
Application. Further, the compiled Generated Code, compiled
Derivative Code, and/or Software Component cannot constitute
a major portion of the functionality or value of Licensee's
Application and Licensee's Application cannot, in the reasonable
opinion of Altia, compete with any software product from Altia.
Licensee may not grant sublicenses to, rent, or lease the Software
Program, Documentation, Generated Code, or Derivative Code.
However, the Licensee may transfer such items on a permanent
basis to a third party provided the Licensee retains no copies and
the third party agrees to the terms and conditions of this Agreement.
Licensee agrees to strictly comply with all applicable export
and/or import regulations regarding the Software Program,
Documentation, Generated Code, and/or Derivative Code.
Ownership and Copyright
All Software Programs, Documentation, Generated Code,
Derivative Code, and associated intellectual property rights are
owned by Altia or its suppliers and are protected by United States
copyright laws and international treaty provisions. Licensee agrees
they do not have any title to or ownership of these items, other than
ownership of the physical media on which some may reside.
Notwithstanding Altia's ownership, Licensee may freely exercise all
rights granted by this Agreement, including those regarding use,
reproduction and distribution (see "Grant of License" and
Term and Termination
This Agreement shall commence upon opening, downloading,
installing, or operating the Software Program (as well as any
subsequent updates). The Agreement is perpetual unless
terminated by the mutual consent of Altia and Licensee, by
Licensee's election, or by Altia upon thirty (30) days written
notice to Licensee of Licensee's unremedied material breach of
this Agreement. Upon termination, Licensee shall immediately
return to Altia all copies of the Software Program and
Documentation, destroy all copies of Generated Code and Derivative
Code (in source, compiled, linked, or any other form), cease any
reproduction or distribution of Licensee's Application, and certify
to Altia that these tasks have been completed.
Altia warrants that the Software Program and Generated Code will
perform substantially in accordance with the accompanying
Documentation for a period of sixty (60) days from the date of
receipt when properly installed and used on the Host/Target
CPU/OS combination(s) for which they were designed. For
international Licensees, this warranty period may be extended as
dictated by applicable law. Altia does not warrant that the operation
of the Software Program and Generated Code will be uninterrupted
or error free. Altia's entire liability and the Licensee's exclusive
remedy shall be, at Altia's option, either (a) return of the price paid
for the Software Program or (b) repair or replacement of the Software
Program that does not meet Altia's Limited Warranty. This Limited
Warranty is void if failure of the Software Program or Generated Code
has resulted from accident, abuse, modification or misapplication.
Licensee acknowledges that software defects are likely to be identified
when integrating Generated Code, Derivative Code, and/or a Software
Component into Licensee's Application. Licensee accepts the
responsibility of satisfying themselves that the Generated Code,
Derivative Code, and/or Software Component is suitable for the
intended use. This includes conducting rigorous testing of Licensee's
Application prior to the first and all subsequent releases.
Licensee must notify Altia in writing of any warranty claim no later
than thirty (30) days after the expiration of the warranty period.
Additional Restrictions on Trial or Evaluation Software
Licensee of trial or evaluation software agrees that the Software
Program, Documentation, and Generated Code shall be used
solely for determining their suitability for use by Licensee.
Licensee further agrees that no product research or development
utilizing the Software Program, Documentation, or Generated Code
will be conducted prior to purchasing the Software Program.
Under no circumstances is Licensee of trial or evaluation software
permitted to transfer, copy, disclose, reproduce, or distribute the
Software Program, Documentation, or Generated Code in any
form for any reason. In addition, the creation of Derivative Code
is strictly prohibited.
Upon termination of the trial or evaluation period without purchase,
Licensee shall immediately, at Altia's option, return or destroy all
copies of the Software Program and Documentation, destroy all
copies of Generated Code (in source, compiled, linked, or any
other form), and certify to Altia that these tasks have been completed.
Altia makes no warrants on trial or evaluation software.
Limitation of Remedies and Liability
EXCEPT AS EXPRESSLY WARRANTED ABOVE, THE
SOFTWARE PROGRAM, DOCUMENTATION, GENERATED
CODE, AND MEDIA (THE "PRODUCTS") ARE PROVIDED
"AS IS" WITHOUT OTHER WARRANTIES OR CONDITIONS
OF ANY KIND INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. THE CUSTOMER ASSUMES
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE PRODUCTS. NOTHING STATED IN THIS AGREEMENT
WILL IMPLY THAT THE OPERATION OF THE PRODUCTS
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS
WILL BE CORRECTED. OTHER WRITTEN OR ORAL
STATEMENTS BY ALTIA, ITS REPRESENTATIVES, OR
OTHERS DO NOT CONSTITUTE WARRANTIES OF ALTIA.
IN NO CASE WILL ALTIA, ITS OFFICERS, EMPLOYEES,
AGENTS, DIRECT OR INDIRECT SUPPLIERS, DISTRIBUTORS,
OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST
REVENUE, BUSINESS INTERRUPTION, LOST OR DAMAGED
DATA, COST OF SUBSTITUTE SOFTWARE OR OTHER
COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF
OR RELATING TO ANY BREACH OF THIS AGREEMENT,
ANY USE OR INABILITY TO USE THE PRODUCTS, OR
ANY CLAIM MADE BY A THIRD PARTY, EVEN IF ALTIA
OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.
IN NO CASE WILL THE TOTAL LIABILITY OF ALTIA AND
ITS REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
ANY PRODUCT, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, EXCEED THE PRODUCT LICENSE FEES PAID
TO ALTIA BY THE CUSTOMER. ALTIA'S AND ITS
REPRESENTATIVES' LIMITATION OF LIABILITY IS
CUMULATIVE WITH ALL OF ALTIA'S AND ITS
REPRESENTATIVES' PAYMENTS IN SATISFACTION OF
THEIR LIABILITIES BEING TOTALED TO DETERMINE
SATISFACTION OF THE LIMIT.
These limitations shall apply whether or not the alleged breach is a
fundamental breach of contract. Some states or provinces do not
allow the exclusion or limitation of incidental or consequential
damages so these limitations or exclusions may not apply to you.
Acknowledgement of 3rd Party Software Used by this Software
This Software Program may include software developed by
the Apache Software Foundation.
Licensed under the Apache License, Version 2.0 (the
"License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at
Unless required by applicable law or agreed to in writing,
software distributed under the License is distributed on
an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing
permissions and limitations under the License.
This Software Program may include the open source libjpeg
library, the work of the Independent JPEG Group,
This Software Program may include the open source zlib
library, the work of Jean-loup Gailly and Mark Adler,
This Software Program may include the open source libpng
library, the work of Guy Eric Schalnat, Andreas Dilger,
Glenn Randers-Pehrson and others, http://www.libpng.org.
For questions concerning this Agreement, call or write to: Altia
Incorporated, 5030 Corporate Plaza Drive #200, Colorado Springs,
CO 80919 USA 719-598-4299
(c) 2001-2006, Altia Inc. All product names referenced are trademarks
or registered trademarks of their respective companies.