Indigo DQM Software License

IMPORTANT: READ CAREFULLY - AJE Software, including any "online" or electronic documentation (collectively referred to as "Software"), are subject to the terms and conditions of the End-User License Agreement for AJE Software (each such license referred to individually as a "EULA"), for the applicable AJE Software product which you licensed previously from AJE Software..

By installing, copying or otherwise using the Software, you agree to be bound by the terms and conditions described above.

NOTE: IF YOU DO NOT HAVE A VALID LICENSE YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. EVEN IF YOU HAVE A RIGHT TO USE THE SOFTWARE, YOU DO NOT HAVE ANY RIGHT TO INSTALL, COPY OR OTHERWISE USE ANY OF THE OTHER SOFTWARE.

AJE Software are licensed to you pursuant to the terms of the license agreement included with the original software, and is protected by copyright law and international treaties. Unauthorized reproduction or distribution may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

You also have the right to make additional copies of the Software equal to the number of validly licensed copies of each Software Product which you have, and you may use each copy in the manner specified above.

BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT OPEN , INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE, ALL RELATED DOCUMENTATION AND ACCOMPANYING ITEMS TO THE PLACE OF ACQUISITION.

This Agreement states the terms and conditions upon which AJE Software offers to license the software together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software").

1. Grant of License.
The Software is licensed, not sold, to you for use only under the terms of this Agreement. You own the disk or other media on which the Software is originally or subsequently recorded or fixed; but, as between you and AJE Software(and, to the extent applicable, its licensors), AJE Software retains all title to and ownership of the Software and reserves all rights not expressly granted to you.

2. For Use on a Single Computer.
The Software may be used only on a single computer by a single user at any time.

You may transfer the machine-readable portion of the Software from one computer to another computer, provided that:-
(a) the Software (including any portion or copy thereof) is erased from the first computer and
(b) there is no possibility that the Software will be used on more than one computer at a time.

3. Stand-Alone Basis.
You may use the Software only on a stand-alone basis, such that the Software and the functions it provides are accessible only to persons who are physically present at the location of the computer on which the Software is loaded. You may not allow the Software or its functions to be accessed remotely, or transmit all or any portion of the Software through any network or communication line.

4. Copyright.
The Software is owned by AJE Software and/or its licensees, and is protected by United Kingdom copyright laws and international treaty provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any, accompanying the Software.

5. One Archival Copy.
You may make one (1) archival copy of the machine-readable portion of the Software for backup purposes only in support of your use of the Software on a single computer, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the originals of the Software.

6. Network Version.
If you have purchased a "network" version of the Software, this Agreement applies to the installation of the Software on a single "file server". It may not be copied onto multiple systems. Each "node" connected to the "file server" must also have its own license of a "node copy" of the Software, which becomes a license only for that specific "node".

7. Transfer of License.
You may transfer your license of the Software, provided that
(a) you transfer all portions of the Software or copies thereof,
(b) you do not retain any portion of the Software or any copy
thereof, and
(c) the transferee reads and agrees to be bound by the terms and
conditions of this Agreement.

8. Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement. You may use the Software for your personal use only, and not for public performance or for the creation of publicly displayed videotapes.

9. Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and other proprietary information of AJE Software and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.

In particular, you agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hardcopy memory dumps of the Software's object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information, and you agree to request such information from AJE Software at the address listed below. Upon receiving such a request, AJE Software shall determine whether you require such information for a legitimate purpose and, if so, AJE Software will provide such information to you within a reasonable time and on reasonable conditions.

In any event, you will notify AJE Software of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of AJE Software that may be used only in connection with the Software.

The license granted to you is effective until terminated. You may terminate it at any time by returning the Software (including any portions or copies thereof) to AJE Software. The license will also terminate automatically without any notice from AJE Software if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Software (including any portions or copies thereof) to AJE Software. Upon termination, AJE Software may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of AJE Software will continue in force after termination.

AJE Software warrants, as the sole warranty, that the disks on which the Software is furnished will be free of defects, as set forth in the Warranty Card or printed manual included with the Software. No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement. Any representation, other than the warranties set forth in this Agreement, will not bind AJE Software.

AJE Software does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.

EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. AJE SOFTWARE IS NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL SUPPORT FOR THE SOFTWARE.

Further, AJE Software shall not be liable for the accuracy of any information provided by AJE Software or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.

You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not AJE Software, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.

This warranty gives you specific legal rights, and you may also have other rights which vary from country/state to country/state. Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. AJE Software disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than AJE Software.

LIMITATION OF REMEDIES AND DAMAGES

THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE. IN NO EVENT WILL AJE SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF AJE SOFTWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AJE SOFTWARE LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.

You undertake that you are installing the Software Product to be used solely as an evaluation copy. As an evaluation copy, you agree to only use the Software Product to the extent required to ascertain whether the Software Product is suitable for your needs.

At such time as you have concluded your evaluation of the Software Product, you will either purchase the number of appropriate licenses for the Software Product from AJE Components or an approved reseller at the current price schedule, or uninstall and delete the Software Product in its entirety and any copies thereof.

The software is licensed as a single product. Its component parts may not be separated for use, or used for any purpose other than the specified intended use.

You agree that AJE Components does not undertake to support the Software Product, and the registration fee for the Software Product does not include payment for support of any kind. AJE Components may at its discretion provide you with support services related to the Software Product, and in doing so, does not establish a precedence of obligation to provide support of any kind.

You agree that the registration fee for the Software Product does not include payment for any upgrades to the Software Product. AJE Components may, at its discretion, provide upgrades at no cost or in compliance with an upgrade fee schedule. Any upgrades to the Software Product carry the same license terms as this installation unless they are superceded by a newer license agreement.

Please feel free to distribute the Unregistered version of this software. However, we ask that you distribute the entire Unregistered version with no modification, and without any charge or fee. The Unregistered version can clearly be identified by the startup License Notification screen. The License screen is permanently removed only when the product is Registered.

No returns are accepted and/or refunds given under ANY circumstances whatsoever.

This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported except in accordance with the laws of the United Kingdom or other applicable provisions.

This Agreement is the entire agreement between us and supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.

The local language version of this agreement shall apply to Software acquired in the EU. This Agreement is the entire agreement between us and you agree that AJE Software will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently.

For questions concerning this Agreement, please contact AJE Software at the address stated above. For questions on product or technical matters, contact the AJE Software technical support center nearest you.

Limited Warranty:

AS STATED EARLIER IN THIS AGREEMENT THIS SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.