Oxipita Inc. License Agreement – TurtleSeg 3D Segmentation Software
Thank you for purchasing TurtleSeg 3D Segmentation Software (“Software”). This is a license agreement between you, or the company or entity that you represent (“You”) and Oxipita Inc. (“Oxipita” or “We”) that describes your rights to use the software. The Introductory part of this Agreement includes terms phrased in a question and answer format for your convenience. The additional terms that follow the Introduction contain greater detail and incorporate other licenses. You should review the entire Agreement, including any linked terms, because all of the terms are important and together create this contract that applies to you. You can review the linked terms by pasting the link into your browser window.
By accepting this Agreement or using the Software, you agree to all of these terms and consent to the transmission of certain information during activation and for Internet-based features of the software if any are incorporated in your version of the Software. If You do not accept and comply with these terms, You may not use the software or features. Instead, You should uninstall the Software.
How can You use the Software? We do not sell our Software or your copy of it; We only license it to You. We grant You the right to install the Software on ONE computer (the “Licensed Computer”), for use by one person at a time, but only if You comply with all the terms of this Agreement. Typically, when You purchase the Software, We will email you a link to download the Software. After you install the Software and run it for the first time, You will be instructed to copy a code that is unique to the Licensed Computer and email it to us. After We receive this Code, We will email You the License File and instruction for installing it. The Software is not licensed to be used as server software and You may not make it available for simultaneous use by multiple users over a network. Depending on the type of License You purchased, the License will never expire (Perpetual License) or will expire at the end of the term (Term License).
Are You permitted to make a backup copy? Yes, you may make a single copy of the Software for backup purposes, and use that backup copy as descried below. You shall reproduce and include all copyright notices on any backup copy.
Can You transfer the Software to another computer? The Software may only be installed on the Licensed Computer only. In the event that the Licensed Computer is no longer operable or if You wish to transfer the installation to a replacement computer, You must contact us and certify that the original Licensed Computer is no longer operable and that the Software was removed from the originally Licensed Computer and installed on a replacement computer. Upon receiving your certification, We will issue a new license for the new Licensed Computer following the procedure described above. Anytime you transfer the Software to a new computer, You must remove the Software from the prior computer. The Software is not designed, and will not function, to share licenses between computers.
Does the Software collect your personal information? The Software only collects information that identifies the Licensed Computer; it does not collect any personal identifying information. Your privacy is important to us. For more information, please review our Privacy Statement on TurtleSeg.org.
What about upgrading the Software? If, within six months after you purchase the Software, we issue a newer version of the Software that fixes bugs in the Software, You are entitled to upgrade the Software to the newer version. You are not entitled to upgrade the Software to a different version that offers additional features or functionality.
What about a refund of the License Fee? You may use the Software for 30 days pursuant to a Trial License. You are entitled to a refund of the License Fee as long as You are using the Software pursuant to a Trial License. No refunds will be given if you install a Perpetual License or a Term License other than a Trial License.
1. License Rights
1.1 Software. This term includes the executable TurtleSeg computer program and any related printed, electronic and online documentation and any other files or documents, whether written or electronic, that may accompany the product.
1.2 Licensed Computer. This term means the hardware system, whether physical or virtual, with an internal storage device capable of running the Software. A hardware partition is considered to be a Computer. The Software is licensed to run on only one computer and only by one user at a time.
1.3 Multiple Versions. The Software includes multiple versions (such as 32-bit and 64-bit versions), and You may install only one of those versions on the Licensed Computer.
1.4 Personal License. The rights and obligations of this Agreement are personal rights granted to You only. You may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. You may not distribute, sell, lease, transfer, assign, trade, rent or publish the Software or any part thereof and/ or copies thereof, to others or otherwise make available the Software for use by one or more third parties.
1.5 Perpetual License. If You purchase a Perpetual License, then you may use the Software in perpetuity as long as You comply with this Agreement.
1.6 Term License. If You purchase a Term License, it means that you have purchased a License to use the Software for a limited period of time (e.g., 30 days, one year, two years, etc.) as long as You comply with this Agreement. The Trial License is a term license valid for 30 days. Upon the expiration of the term, the License will also expire and You will no longer be authorized to use the Software and the Software will cease to function.
1.7 Use in a Virtualized Environment. If you use virtualization software to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this Agreement. This License allows you to install only ONE copy of the Software for use on ONE Licensed Computer by ONE user at a time, whether that computer is physical or virtual. You must purchase separate licenses and separate copies of the Software for each copy.
1.8 Intellectual Property Rights. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with Oxipita. Intellectual property rights include, without limitation, the look and feel of the Software. This Agreement constitutes a License for use only and is not in any way a transfer of ownership rights to the Software.
1.9 Software Modification. The Software may not modify, improve, further develop, adapt, decompile, disassemble, translate into another computer language, create derivative works, or otherwise reverse engineer the Software in any manner thought current or future available technology.
1.10 Failure to Comply with Agreement. If You violate the terms of this Agreement, you forfeit any right to continue to use the Software and may be liable to Oxipita for damages or other relief as permitted by applicable law.
2. License Fee. The original purchase price You paid will constitute the entire License Fee and is the full consideration for this Agreement.
3. Warrants and Representations. Except as otherwise provided herein, Oxipita warrants and represents that it is the copyright holder of the Software and that granting the License to use this Software is not in violation of any other agreement, copyright or applicable statute.
4. Limitation of Liability.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. NO WARRANTY OR REPRESENATION IS MADE THAT THE USE OF THE SOFTWARE WILL UNINTERRUPTED OR ERROR FREE. YOU ACCEPT THAT THE SOFTWARE IN GENERAL IS PRONE TO BUGS AND FLAWS WITHIN AN ACCEPTABLE LEVEL AS DETERMINED BY THE INDUSTRY. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5. Acceptance. You are deemed to have accepted all terms, conditions, and obligations of this Agreement (“Acceptance”) upon use or installation of the Software on any computer.
6. User Support and Maintenance. You will be entitled to six months of phone support from the date of Acceptance at no additional cost. You will also be entitled to maintenance upgrades and bug fixes, at no additional cost, for a period of six months from the date of Acceptance.
7. Term. The term of this Agreement will begin on Acceptance and is perpetual. Notwithstanding, this Agreement will be terminated and the License forfeited if You fail to comply with any terms of this Agreement or are in breach of this Agreement. On termination of this Agreement for any reason, You will promptly remove the Software from the computer upon which it is installed and promptly destroy any backup copies.
8. Force Majeure. Oxipita will be free of liability to You where Oxipita is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where Oxipita has taken any and all appropriate action to mitigate such an event.
9. Governing Law. The Parties to this Agreement submit to the jurisdiction of the courts of the Province of British Columbia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of British Columbia.
10. Modification. This Agreement can only be modified in writing signed by all parties to this Agreement.
11. No Agency. This Agreement does not create or imply any relationship in agency or partnership between You and Oxipita.
12. Headings. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
13. Severability. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
14. Entire Agreement. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
15. Successors. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon Oxipita’s successors and assigns.
16. Notices. All notices to Oxipita under this Agreement are to be provided at the following address:
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17. ITK License. This Software depends on the BSD licensed library, ITK from Kitware. The following license is incorporated in this Agreement:
Copyright (c) 1999-2008 Insight Software Consortium All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the Insight Software Consortium nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
18. VTK License. This Software depends on the BSD licensed library, VTK from Kitware. The following license is incorporated in this Agreement:
Copyright (c) 1993-2008 Ken Martin, Will Schroeder, Bill Lorensen All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither name of Ken Martin, Will Schroeder, or Bill Lorensen nor the names of any contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
18. Qt License. This Software depends on the LGPL 2.1 licensed library, Qt from Nokia. The following license is incorporated in this Agreement:
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]
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