End User License Agreement
Last modification: 26-Oct-2016
Acceptance of this End User License Agreement (EULA) is a prerequisite step in the process of installing IntuiFace Composer and Player. Without EULA acceptance, installation will not complete.
You can also get a pdf version of this EULA
THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT COMPLETE THE INSTALLATION PROCESS, AND PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT.
- “IntuiLab” means IntuiLab SA and its licensors, if any.
- “Software” means the IntuiFace Composer, IntuiFace Player, IntuiFace Data Tracking, IntuiPad, IntuiFace Management Console, IntuiFace Cloud and any IntuiFace Extension programs supplied by IntuiLab herewith, and any and all updates thereto.
- “Licensee” means an individual who has accepted the terms of the Agreement.
- “Licensing Plan” means month-to-month subscription, annual subscription, or perpetual licensing plans.
- “Account” means Licensee and Licensing Plan information including the email address and password chosen by the Licensee to access the Software
- “Experience” means all the assets (primarily media, code and metadata files) produced or included by the Software for the Licensee as the result of the Software’s authoring step.
- “Content” means any data, text, links, video, audio, images, or any other content directly or indirectly used in an Experience.
- “Agreement” means this present document.
- “Parties” means IntuiLab and the Licensee.
- The Agreement governs the rights to use the following parts of
- IntuiFace Composer, enabling the authoring of Experiences on a given computer;
- IntuiFace Player, enabling the execution of Experiences on a given device;
- IntuiFace Data Tracking, enabling the transfer of data collected from one Experience on a given device to an IntuiLab database server in the cloud;
- IntuiPad, enabling remote interactions between a given device and executing Experiences;
- IntuiFace Management Console, enabling the remote management of the Software and Experiences via a Web browser;
- IntuiFace Cloud, allowing the remote storage of Licensee Content, should the Licensee elect to use this part of the Software;
- Any IntuiFace Extension, extending IntuiFace capabilities with any licensed parts of the Software;
- IntuiLab may, at its sole discretion, grant the Licensee a Free License (i.e. Composer Free Edition or Data Tracking Free Plan), a Commercial License or a NFR (Not For Resale) License for the Software. Unless otherwise stated, the Free License Terms are applicable to the use of the Software if the Licensee has not acquired a Commercial License for the Software or has not obtained an NFR (Not For Resale) License for the Software. The Free License Terms are also applicable to the use of the Software on any devices that are not covered under any NFR Licenses or Commercial Licenses the Licensee may have.
- The Commercial License Terms are applicable to the use of the Software if the Licensee has acquired a Commercial License for the Software. The NFR (Not For Resale) License Terms are applicable to the use of the Software if the Licensee have been provided with an NFR License for the Software by IntuiLab.
- The Agreement governs the rights to use the following parts of the Software:
- Free License Terms
- IntuiLab grants the Licensee a non-exclusive, non-transferable license to use the Software, only in accordance with the terms and conditions set forth herein. The Licensee agrees not to transfer, assign, rent, lease, sublicense, or lend the Software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
- The Software has limitations, including the display of a watermark that must remain visible at any time or a limited number of data points collected. These limitations may be stated on the IntuiLab web site, in accompanying documentation or during execution of the Software. If the Licensee wishes to use the Software without these limitations, the Licensee needs to acquire a Commercial License.
- Commercial License Terms
- IntuiLab grants the Licensee a non-exclusive license to use the Software, only in accordance with the terms and conditions set forth herein. The Licensee agrees not to transfer, assign, rent, lease, sublicense, or lend the Software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
- Only under some specific legal and commercial terms (not defined in the Agreement), IntuiLab grants the Licensee the right to transfer the Licensee’s use of the Software to another device, provided these rights are bound to the Licensee personally.
- Only under some other specific legal and commercial terms (not defined in the Agreement), IntuiLab grants the Licensee the right to transfer his/her license rights for the Software temporary or permanently to another person or legal entity under the conditions that the Licensee transfers the Software in its entirety and the receiving party reads and agrees to accept the terms and conditions of these Terms and Conditions.
- NFR (Not For Resale) License Terms
- IntuiLab grants the Licensee a non-exclusive, non-transferable license to use the Software for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. The Licensee agrees not to transfer, assign, rent, lease, sublicense, or lend the Software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If the Licensee wishes to use the Software for other than the stated purposes, the Licensee needs to acquire a Commercial License to use the Software. IntuiLab may, at its sole discretion, decide to extend the Licensee the allowed usage of the Software beyond the stated uses and will inform the Licensee thereof by contacting the Licensee by email, by phone or in writing.
- The rights to transfer the Licensee’s use of the Software to another device are bound to the Licensee personally. The Licensee may not transfer his/her license rights for the Software to another person or legal entity. If the Licensee knows of anyone else who should obtain an NFR License for the Software, the Licensee should contact IntuiLab by web contact form, email, phone or in writing.
- IntuiLab shall remain the owner of the Software supplied and of all the subsequent copies made, in whatever medium, by or for the Licensee with the exception of software listed in Schedule B.
- The Software supplied by IntuiLab, together with all its associated documentation, remains the copyright of IntuiLab with the exception of software listed in Schedule B. Any copy of the Software not expressly authorized by IntuiLab is strictly forbidden, with the exception of one copy to be made by the Licensee for backup purpose.
- Parts of the Software are protected by U.S. Patent No.
8,390,577. All right, title and interest in the Licensee Content
shall remain the exclusive property of Licensee. No license or
ownership interest is granted by Licensee to IntuiLab with respect
to the Content except as expressly set forth herein.
- Limited Warranties
- IntuiLab warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of the Licensee’s invoice): - when used with a recommended hardware configuration, the Software will perform in substantial compliance with the documentation supplied with the Software; and (ii) that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use. The Licensee expressly agrees that software is never entirely free of flaws. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, IntuiLab DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
- No oral or written information or advice given by IntuiLab, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
- The Licensee’s exclusive remedy is to cease to use the Software and return a copy of the Licensee’s invoice and a description of the problem. IntuiLab will use reasonable commercial efforts to supply the Licensee with a replacement copy of the Software that substantially conforms to the documentation, or provide a replacement for defective media, at its option. IntuiLab shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.
- Maintenance, Support and Update Services
- IntuiLab shall provide to Licensee, at no or additional charge depending on the Licensing Plan, Services in accordance with Schedule “A” (as modified from time to time by IntuiLab) attached hereto.
- IntuiLab shall not be obligated to provide Services to Licensee if any of the following occur:
- Licensee fails to maintain all associated system hardware and
software at the latest code revision level deemed necessary by
IntuiLab for proper operation of the Software;
- Licensee fails to incorporate all updates to the Software as provided to Licensee by IntuiLab;
- Licensee modifies the Software;
- The claimed defect, error, or malfunction was caused, in whole or in part, by individuals other than IntuiLab or by products, equipment, or software other than the Software; or
- IntuiLab discontinues the line or item of Software as to which Licensee requests Services, provided IntuiLab provides to Licensee fifteen (15) day-notice of such discontinuation.
- IntuiLab shall not be required to perform any Services at Licensee’s premises. If Licensee requests on-site services, he/she shall pay IntuiLab at IntuiLab’s then current per diem rate plus reasonable travel and lodging expenses and related costs.
- Limitations of Damages
- NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- THE TOTAL LIABILITY OF EACH PARTY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY THE LICENSEE FOR THE SOFTWARE UNDER THE AGREEMENT, EXCEPT THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO THE DEFENSE OR INDEMNITY COSTS, DAMAGES OR INTEREST RELATED TO §10.a BELOW.
- Patent Infringement
- The Licensee agrees to rapidly notify IntuiLab in writing of any action (and/or contract preceding such action) having connection with the infringement of a patent by the use of the Software delivered by IntuiLab. IntuiLab agrees that, if notified promptly in writing of any legal action (and/or any demand prior to such action) dealing with the infringement of a patent by the use by the Licensee of the unmodified Software as delivered by IntuiLab, IntuiLab shall defend and pay the resulting costs, damages and interest, on the condition that IntuiLab is given the sole control of the defense and/or all related negotiations with a view to reaching an amicable settlement, provided further that any settlement unconditionally releases Licensee of all liability. This §10.a shall survive the termination of this Agreement.
- In the hypothetical case where a final legal judgment is given forbidding the Licensee to use the Software for reasons of patent infringement, IntuiLab may at his choice and at his expense, either obtain for the Licensee the right to continue using the Software, or replace or modify the Software in such a way that it ceases to be in infringement of a patent, or if this proves to be difficult to achieve, to recover the Software and credit the Licensee with a sum equal to the net according value of the said Software, normal depreciation shall be taken into account.
- Internet Connectivity and Privacy
- Automatic connection to the Internet. The Software, when in
use, may cause Licensee’s device, without notice, to
automatically connect to the Internet and communicate with an
IntuiLab website or IntuiLab domain for purpose such as license
validation and providing Licensee with additional information,
features, or functionality. Unless otherwise specified in §1-b
to §1-e, the following provisions apply to all automatic
Internet connections by the Software when in use:
- As permitted by applicable law or as consented to by Licensee,
- send Licensee transactional messages to facilitate IntuiLab online services or the activation or registration of the Software or IntuiLab online service.
- deliver in-product marketing to provide information about the Software and other IntuiLab services using information including but not limited to platform version, version of the Software, and license status.
- Updating. The Software, when in use, may cause Licensee’s
device, without additional notice, to automatically connect to the
Internet (intermittently or on a regular basis) to
- check for Updates that are available for download to and installation on the device
- notify IntuiLab of the results of installation attempts.
- Activation. The Software, when in use, may require Licensee to - activate or reactivate the Software, or - register the Software. Such requirement may cause Licensee’s device to connect to the Internet without notice on install, on launch, or on a regular basis thereafter. Once connected, the Software, when in use, will collect and transmit information to IntuiLab. Software or Licensee may also receive information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license or subscription. Failure to activate or register the Software, validate the subscription, or a determination by IntuiLab of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription.
- Deactivation. Licensee may deactivate and uninstall the Software from its device. Deactivation requires Internet connectivity.
- Use of online services. The Software, when in use, may cause Licensee’s device, without additional notice, and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Licensee’s access to content and services that are provided by IntuiLab or third parties. The Software, when in use, may cause Licensee’s device, without additional notice, and on an intermittent or regular basis, to automatically connect to the Internet to send data to services that are provided by IntuiLab or third parties in the context of IntuiFace Data Tracking. In addition, the Software, when in use, may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services as to provide immediate availability of these services even when Licensee is offline.
- Licensee shall notify IntuiLab immediately of any breach of security or unauthorized use of the Licensee Account. Although IntuiLab will not be liable for Licensee losses caused by unauthorized use of the Licensee Account, the Licensee may be liable for the losses incurred by IntuiLab due to unauthorized use.
- IntuiLab agrees not to use, for its own benefit or the benefit of any third party, except as expressly permitted by this Agreement, nor disclose to any third party (except as required by law or pursuant to a court decree or to IntuiLab’s attorneys, accountants or other professional advisors as reasonably necessary) any Licensee Confidential Information (as defined below) and shall take reasonable precautions to protect the confidentiality of such information. “Confidential Information” means any material or information disclosed by Licensee to IntuiLab, either directly or indirectly, where the confidentiality or proprietary nature of such material or information is reasonably apparent under the circumstances, including, without limitation, Licensee’s Content. This §11.g shall survive the termination of this Agreement.
- Automatic connection to the Internet. The Software, when in use, may cause Licensee’s device, without notice, to automatically connect to the Internet and communicate with an IntuiLab website or IntuiLab domain for purpose such as license validation and providing Licensee with additional information, features, or functionality. Unless otherwise specified in §1-b to §1-e, the following provisions apply to all automatic Internet connections by the Software when in use:
- Limitations on Use of IntuiFace Cloud
Should Licensee elect to use IntuiFace Cloud:
- Licensee shall be solely responsible for all activity associated with the Licensee Account, including, without limitation any published Content.
- Licensee represents and warrants that all Content that is published to the IntuiFace Cloud shall be Licensee’s wholly original material (except for material that Licensee is using with the permission of its owner), does not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity, and is not forbidden by the laws of the Licensee country of residence.
- Licensee will not use IntuiFace Cloud to collect, manage or process sensitive information, and IntuiLab will have no liability of any kind if Licensee breaches this requirement.
- Licensee shall be solely responsible for keeping a duplicate copy of all Content; IntuiLab does not accept any responsibility or liability for the loss of Content.
- Promotion of License Use
- As a proof point for the effectiveness of IntuiFace for interactive experience creation, IntuiLab reserves the right to post the company logos of paying (and only paying) Licensees to the IntuiFace website and any other promotional material.
- No statements will be attributed to these companies and logos will be immediately removed from circulation upon request.
- Agreement Termination
- The term of the Agreement begins at the Agreement acceptation date and is for an indeterminate period of time. One of the Parties may terminate the present Agreement with full rights and without formality in the event that a serious breach by the other Party. Any one of the obligations mentioned in the Agreement remains without remedy thirty (30) days after advising the other party by a registered letter with acknowledge of receipt, and without prejudice to any recourse of which the Party seeking redress could dispose for the reparation of Party’s entire direct loss.
- In the event of a termination of the Agreement, the Licensee shall cease all use of the Software and certify to IntuiLab in writing within eight (8) days from the date of termination, that all use of the Software has been ceased, and that no copy of the Software has been retained.
- Legal Government of the Agreement
- This Agreement shall be governed by the laws of France. In the case of any claim, litigation or other dispute regarding the interpretation or the execution of the Agreement, including termination, the Parties agree to attempt to come to an amicable arrangement through a conciliation process. They shall have remedy, in the case where it is necessary, to the arbitration of a mutually acceptable expert appraiser. However if the disagreement persists, the Parties consent to the jurisdiction of the Tribunal de Commerce de Toulouse, France. This jurisdiction will apply equally to any injunction or incident request or where there is plurality of Requesters or Defenders.
- This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to IntuiLab at http://support.intuilab.com.
- Validity of the Agreement
- The invalidity or inefficacy of whatever clause of the Agreement shall not affect the validity of efficacy of the other terms of the Agreement.
- In the case where a clause of the Agreement might be declared null and void in part or in whole by any court whatsoever, the parties agree to come together to substitute a valid clause to the same effect.
- The omission or the waiving by one or the other of the parties of the execution of a particular clause or of the exercising of any right whatsoever stemming from this Agreement shall not constitute a precedent, novodamus or a renunciation relative to the future execution of any clause or the future exercise of any right accorded under the Agreement, or the non-respect of its clauses.
- The terms of the Agreement may not be altered except by annexes duly signed by the two parties.
IntuiLab, IntuiFace Composer, IntuiFace Player, IntuiFace Data Tracking, IntuiPad, IntuiFace Management Console, IntuiFace Cloud, any IntuiFace Extension trademarks and logos are either registered trademarks or trademarks of IntuiLab SA in France and/or other countries.
Schedule A: Maintenance, Support and Update Services
In reference to Agreement’s article “Maintenance, Support and Update Services”, the provided Services are described hereafter.
- Customer Assistance: Licensee may submit information requests related to the Software via the IntuiLab Support web site (http://support.intuilab.com) to IntuiLab to ask routine questions or seek advice relating to the normal use and functioning of the Software. If IntuiLab decides in its sole judgment to act upon a request, IntuiLab will assist the Licensee in utilizing the Software and in identifying and providing solutions or alternatives, if possible, for problems found therein. Assistance will be conducted by via the IntuiLab Support web site.
- Software Issue Reporting: Licensee may submit to IntuiLab software service requests identifying potential issues in the Software. Requests must be in writing and directed to IntuiLab via the IntuiLab Support web site. IntuiLab retains the right to determine the final disposition of all requests, and will inform Licensee of the disposition of each request. If IntuiLab decides in its sole judgment to act upon a request, it will do so by providing an Update as described below.
- Software Updates: As permanent solutions are developed for known Software issues, they will be incorporated from time to time in scheduled Updates. These Updates may also include those enhancements and extensions or other changes to the Software as determined by IntuiLab to be suitable to the uses made of the Software by Licensees. IntuiLab will provide Licensee who benefits from the Services with such Updates as they are released. IntuiLab will provide instructions and/or documentation that IntuiLab considers to be reasonable and necessary to assist in a smooth transition to use a new Update. Updates can be applied to any version of 1) Composer Free, 2) Composer and Player with active subscription licenses, 3) Player with a perpetual license, 4) Composer with active Maintenance, Support and Update entitlement for perpetual licenses, 5) Composer with expired Maintenance, Support and Update entitlement for perpetual licenses, but only for those versions available before Maintenance, Support and Update entitlement expiration, and 6) IntuiFace Data Tracking.
Schedule B: List of software used in the Software
The Software uses:
- mDNS.NET , FFmpeg, LibVLC, and nVLC under the LGPL V2.1 license,
- Video codec patent licenses granted by MPEG LA to IntuiLab,
- Awesomium© 2010 Khrona LLC. All rights reserved. Awesomium is a trademark of Khrona LLC,
- Boost under Boost Software License,
- TinyXML under the zlib license,
- OSC under a BSD-style open source license,
- ManyMouse, Copyright - 2005-2008 Ryan C. Gordon and others,
- Book from Mitsu Furuta, Deep Zoom For WPF, Blake.NUI for WPF, Ionic.Zip, WPFExtensions.dll, WPF Toolkit Extended, PropertyTools for WPF, Microsoft Enterprise Library, DotWay.WPF.Controls, Taygeta.Core, Taygeta.Controls, under Microsoft Public License (Ms-PL),
- Farseers.Toolkit.Common, under Farseers Toolkit Common License,
- RawInput.Net under a specific open source license,
- PDFNet SDK copyright © PDFTron™ Systems Inc., 2001-2012
- js-xslx, cordova, pdfjs, webfonts, babylonjs, webfontloader, Google APIs Client Library for .NET, Log4Net, win-beacon, under the Apache License, Version 2.0,
- Eventemitter, GMap.net, Node.js, node-cron, psd.js, QRCode.Net, iscroll, jquery, jquery-ui, modernizr, wow-book, spectrum, lodash, es-6-collections, keyboard, moment, numeral-js, systemjs, es6-module-load, electron, Assimp.Net, JSON.NET, Closed XML, Easy WebCam, cordova-plugin-bluetoothle, threejs under the MIT license,
- q, gl-matrix, box2d, under custom but MIT style license,
- Virtual Keyboard Layout files , nouislider under a WTFPL license,
- Cefsharp, under CefSharp License,
- ScheduleTimer under a Code Project Open License,
- XamlAnimatedGif under Apache license, Version 2.0.
More details about each license can be found in the Help/Credits menu of the Software.
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