ColorThink Pro Software License Agreement
CHROMiX Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE AGREEING TO USE THIS PRODUCT AND PROCEEDING WITH ITS USE IN ANY WAY. BY CLICKING THE (I AGREE) BUTTON YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE (I DISAGREE) BUTTON, QUIT THE CHROMIX SOFTWARE AND RETURN THE CHROMIX SOFTWARE TO THE PLACE WHERE PURCHASED IT FOR A REFUND.
1. License. The software, documentation and any fonts accompanying license whether on disk, in read only memory, on any other media or in any other form (the 'CHROMiX Software') are licensed to you by CHROMiX. You own the media on which the CHROMiX Software is recorded but CHROMiX retains title to the CHROMiX Software. The CHROMiX Software in this package and any copies that this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the CHROMiX Software on a single computer at a time. This License does not allow the CHROMiX Software to exist on more than one computer at a time. You may make one copy of the CHROMiX Software in machine-readable form for backup purposes only. The back-up copy must include all Copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent lease, loan, sublicense, distribute or create derivative works based upon the CHROMiX Software in whole or part or transmit the CHROMiX Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the CHROMiX Software to a party who agrees to accept the terms of this License and destroy any other copies of the CHROMiX Software in your possession.
THE CHROMIX SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE CHROMIX SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from CHROMiX if you fail to comply with any term(s) of this License.
Profile Use: a) The Software is licensed for use only as follows: (i) To create profiles on the specific input or output device that You own or otherwise possess and for which they were created (Your Device). You may make these profiles available to third parties only in circumstances in which the third party will be optimizing images that have been created on, or will be output on, Your Device, provided that Your Device continues to be owned by You or in Your possession at such time that a profile is made available to such third party; or (ii) to create a profile, as part of Your providing a profiling service, for a specific input or output device owned by a third party for use by that third party on such device. b) No Distribution of generic profiles. This Agreement does not grant You the right to distribute or embed created profiles, also not under Your private label, into any software, devices or consumables like paper that You manufacture, market or distribute to third parties. If You wish to create profiles for this purpose, You will need a separate license. For information on a separate license You may contact firstname.lastname@example.org.
3. Limited Warranty on Media (if applicable). CHROMiX warrants the media on which the CHROMiX Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at CHROMiX's option, a refund of the purchase price of the CHROMiX Software or replacement of the CHROMiX Software that is returned to CHROMiX or an CHROMiX authorized representative with a copy of the receipt.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN EXPRESS OR IMPLIED. CHROMIX SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
4. Disclaimer of Warranty on CHROMiX Software. You expressly acknowledge and agree that use of the CHROMiX Software is at your sole risk. The CHROMiX Software is provided 'AS IS' and without warranty of any kind and CHROMiX EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. CHROMIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CHROMIX SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CHROMIX SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CHROMIX SOFTWARE WILL BE CORRECTED. FURTHERMORE, CHROMIX DOES NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CHROMIX SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHROMIX OR A CHROMIX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE CHROMIX SOFTWARE PROVE DEFECTIVE YOU (AND NOT CHROMIX OR A CHROMIX AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING CHROMIX PRODUCTS OTHERWISE THAN IN THE COURSE OF BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CHROMIX’S NEGLIGENCE.
5. Limitation of liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE. SHALL CHROMIX BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CHROMiX’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6. Export Law Assurances. You may not use or otherwise export or reexport the CHROMiX Software except as authorized by United States law and the laws of the jurisdiction in which the CHROMiX Software was obtained. In particular, but without limitation, the CHROMiX Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of denial orders. By using the CHROMiX Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the CHROMiX Software is supplied to the United States Government, the CHROMiX Software is classified as ‘restricted computer software’ as defined in clause 52.227-19 of the FAR. The United States Government's rights to the CHROMiX Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. If there is a local subsidiary of CHROMiX in the country in which the CHROMiX Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Washington. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the CHROMiX Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CHROMiX.