EVINCE SOFTWARE LICENSE TERMS
These license terms are an agreement between Evince Development and you. Please read them carefully. They apply to the software named above, which includes the media on which you received it, if any. These terms also apply to any of Evince’ updates, supplements, Internet-based services and support services for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
INSTALLATION AND USE RIGHTS
- The software is licensed on a per Magento Store basis.
- You may install copy of the software on another device for use or lease the license to end users of your Magento store, as the primary owner of the license.
- The components of the software are licensed as a single unit within a source code lying under sole property of Evince Development You may not separate the components and install them on in bits and pieces.
- The software may include more than one version. You may install and use only one version at a time.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
- Hardware or software you use to pool connections, reroute information or reduce the number of devices or users that directly access or use the software (sometimes referred to as “multiplexing” or “pooling”) confine to your single license of your Magento Store only.
- While the software is running, you may use its fonts to display and print content. You may only embed fonts in content as permitted by the embedding restrictions in the fonts; and temporarily download them to a printer or other output device to print content.
- You may have access to media images, clip art, animations, sounds, music, video clips, templates and other forms of content (“media elements”) provided with the software or as part of a service associated with the software. You may copy and use the media elements in projects and documents. You may not (i) sell, license or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with some other party’s product, entity or activity except your own Magento Store; or (iv) create obscene or scandalous works using the media elements.
- You may allow your Magento Store customers to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.
- Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most of the features of the trial software will stop running.
- If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running.
Activation associates with the use of the software with a specific license. During activation, the software will send information about the software and the device to Evince. This information includes the license version, language and key of the software, the UDID of the device and information derived from the hardware configuration of the device.
BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR ACTIVATION. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT ACTIVATION. You can activate the software by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. THE SOFTWARE WILL REMIND YOU TO ACTIVATE IT UNTIL YOU DO.
- The software will from time to time request download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software, certain features of the software or to obtain additional benefits.
- During or after a validation check, the software may send information about the software, the device and the results of the validation check to Evince. This information includes, for example, the version and license key of the software and the UDID of the licensed device. Evince does not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
- If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine product, then the functionality or experience of using the software may be affected. For example, Evince may
- Provide notice that the software is improperly licensed or a non-genuine product,and you may
- Receive reminders to obtain a properly licensed copy of the software; or need to follow Evince’ instructions to be licensed to use the software and reactivate and you may not be able to use or continue to use the software or some of the features of the software or obtain certain updates or upgrades from Evince.
- You may only obtain updates or upgrades for the software from Evince only.
SCOPE OF LICENSE
The software is licensed, not sold. Evince remains the sole owner of the Source Code of EaseMage. This agreement only gives you some rights to use the features included in the software edition you licensed. Evince reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not :
- Work around any technical limitations in the software
- Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation
- Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation
- Publish the software for others to copy or replicate
- Use the software in any way that is against the law
- Rent, lease or lend the software or use the software for commercial software hosting services.
- Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software on the licensed device.
- If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on the licensed device. You may also use it to reinstall the software on the licensed device.
- If you acquired and downloaded software online with Click-to–Run technology, you will not be able to make a copy of the software on a disc or other media. Instead you may download the software online again only to reinstall the software on the licensed device.
Any person that has valid access to your licensed device or internal network may copy and use the documentation for your internal, reference purposes.
NOT FOR RESALE SOFTWARE
You may not sell software marked as “NFR” or “Not for Resale.”
If the software is marked as requiring activation in a specific geographic region, then you are only permitted to activate this software in the geographic region indicated on the software packaging. You may not be able to activate the software outside of that region.
UPGRADE OR CONVERSION
To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.
PROOF OF LICENSE
- a. If you acquired the software on a disc or other media, your proof of license is the genuine Evince certificate of authenticity label with the accompanying genuine license key and your proof of purchase.
- If you upgrade or convert the software, your proof of license is
- the genuine proof of license for the software you upgraded or converted from and the genuine proof of license for the software you upgraded or converted to.
- To identify genuine Evince software, see www.easemage.com
REASSIGN TO ANOTHER DEVICE
You may reassign the license to a different device any number of times. If you reassign, that other device becomes the “licensed device.” If you retire the licensed device due to hardware failure, you may reassign the license sooner.
Evince provides support services for the software as agreed upon case basis with the respective Magento Store owner.
This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates and support services that you use, are the entire agreement for the software and support services.
Irrespective of you acquired the software in whichever geography, Gujarat (India) state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
LIMITATION ON AND EXCLUSION OF DAMAGES
YOU CAN RECOVER FROM EVINCE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
- Anything related to the software, services, content (including source code) on third party sites/applications or programs.
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
- Repair, replacement or a refund for the software does not fully compensate you for any losses
- Evince knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
If you follow the instructions, the software will perform substantially as described in the Evince materials that you receive in or with the software.
TERM OF WARRANTY, WARRANTY RECIPIENT, LENGTH OF ANY IMPLIED WARRANTIES
THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
EXCLUSIONS FROM WARRANTY
This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Evince’ reasonable control.
REMEDY FOR BREACH OF WARRANTY
EVINCE WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF EVINCE CANNOT REPAIR OR REPLACE IT, EVINCE WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF EVINCE CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO EVINCE WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
CONSUMER RIGHTS NOT AFFECTED
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
You need to contact us vied written communication supported by the original proof of purchase for warranty service.
NO OTHER WARRANTIES
THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM EVINCE. EVINCE GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, EVINCE EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY
THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.