SteadyMouse 2 - End User License Agreement
Updated: September 10th, 2016
End User License Agreement
Your use of SteadyMouse is governed by the following Terms and Conditions:
*** Acceptance of License Agreement
You should carefully read the following terms and conditions before using SteadyMouse (the "Software"). Unless you have a different license agreement signed by STEADYMOUSE LLC, your use of this software indicates your agreement to these terms and conditions. If you do not accept all of these terms and conditions, you must cease using the Software immediately.
Customer acknowledges that the Software, Product Key and accompanying user documentation ("Documentation") are copyrighted works owned by STEADYMOUSE LLC and that Customer has no rights in the foregoing except as expressly granted herein.
This is not free software. STEADYMOUSE LLC hereby grants you a non-exclusive, non-transferable, limited license to use the Software with the purchase of a Product Key as described below. Use of the Software without purchase of a Product Key is a violation of U.S. and international copyright laws.
*** Product Key
A unique key ("Product Key") that will allow you to use the Software may be purchased from the STEADYMOUSE LLC website, which is http://www.steadymouse.com currently. A Product Key may be purchased for single or multipe users. A Product Key is further categorized by type of eligibility for future Software versions. Software versions take the form "A.B.x.x" where 'A' is the major version number, 'B' is the minor version number, and 'x' is ignored. Available Product Key licence options are:
(a) SingleUser-OneMajorVersion; or
A price list on the STEADYMOUSE LLC website details pricing for all license options. Upon purchase of a Product Key, STEADYMOUSE LLC hereby grants you a non-exclusive, non-transferable, limited license to use the Software of the applicable versions as follows:
(a) "SingleUser-OneMajorVersion" Product Key:
A "SingleUser-OneMajorVersion" Product Key may be purchased for a specific quantity of users. Each user of the total quantity may be either (a) a person who has access to the Software on any number of computers, or (b) a computer on which the Software will be installed for use by any number of persons, one at a time, while physically present at the computer. Each person so licensed must be the Customer, an employee of the Customer, an employee of a Customer's subsidiary company, or a third party consultant retained by the Customer to perform information technology functions (each, a "Third Party") to use the Software solely for Customer's internal business operations and benefit, and for no other purpose whatsoever. Customer shall ensure that such Third Party complies with the terms of this License Agreement and will be responsible for any breach by such Third Party. Customer shall be eligible for all minor updates to the major version of the Software they purchased. eg: If the customer purchased a Product Key for the Software version 2.0.x.x and a new minor version 2.1.x.x is released, then they would be eligible for that upgrade. That same customer would NOT be eligible for to upgrade to a new major version such as 3.0.x.x or greater.
(b) "SingleUser-AllMajorVersions" Product Key:
A "SingleUser-AllMajorVersions" Product Key may be purchased for a specific quantity of users. Each user of the total quantity may be either (a) a person who has access to the Software on any number of computers, or (b) a computer on which the Software will be installed for use by any number of persons, one at a time, while physically present at the computer. Each person so licensed must be the Customer, an employee of the Customer, an employee of a Customer's subsidiary company, or a third party consultant retained by the Customer to perform information technology functions (each, a "Third Party") to use the Software solely for Customer's internal business operations and benefit, and for no other purpose whatsoever. Customer shall ensure that such Third Party complies with the terms of this License Agreement and will be responsible for any breach by such Third Party. Customer shall be eligible for all updates to both the major and minor version of the Software. eg: If the customer purchased a Product Key for the Software version 2.0.x.x and a new version 3.1.x.x is released, then they would be eligible for that upgrade.
*** Product Key Storage
You shall be responsible for maintaining the Product Key in a safe location and are specifically prohibited from distributing the Product Key, intentionally or unintentionally, to any third party not authorized by this License Agreement. Upon loss or distribution of the Product Key, Customer shall be required to pay a reinstatement fee at STEADYMOUSE LLC's discretion.
The Software contains technology for the prevention of unlicensed use. The Software requires activation over the Internet to exercise your rights under this Agreement. You may also need to activate if you redesignate the Software on your License, modify your computer hardware, or delete your Software settings file. Activation associates the use of the Software with a specific Computer, and in some cases the Licensed User and Organization. During activation, data about the Software and a number representing the Computer will be transmitted to STEADYMOUSE LLC. This data includes the Software version, License information, Product Key and an anonymized Computer identification number. If the Product Key is valid and in good standing, data will then be transmitted from STEADYMOUSE LLC back to the Software containing Customer information, License information, Purchase date, Activation date, License quantity, and the number of times the Product Key has been used. For each license purchased, the associated Product Key will allow activation 30 times. After 30 activations the Software will not allow new activations and it will be at the discretion of STEADYMOUSE LLC whether or not to grant additional activations.
*** Distribution of the Software
Provided that you do not copy or distribute the Product Key, and you include a copy of this License Agreement, you may (a) make copies of the Software; (b) give exact, unmodified copies of the Software to anyone; and (c) distribute the Software in its unmodified form via electronic means. You are specifically prohibited from charging any fees for any such copies or distributions.
The following uses and/or activities are not permitted unless otherwise specifically allowed by STEADYMOUSE LLC under the terms of a separate agreement:
(a) Creating any derivative products or other works using any portion of the Software; and
(b) Using the Software or any portion thereof in any third party product or service;
*** Term and Termination
You may continue to use the Software for as long as you comply with the terms and conditions of this License Agreement. STEADYMOUSE LLC may terminate this License Agreement immediately upon notice to you in the event that STEADYMOUSE LLC has reason to believe you have breached this License Agreement. Upon termination, you shall immediately cease all use of the Software, Product Key and Documentation and shall not be entitled to a refund of any fees paid.
STEADYMOUSE LLC warrants and represents that: (a) it has all right, title and interest in the Software, the right to enter into and provide the license rights granted by this Agreement, and is not party to and will not enter into any agreement, covenant or encumbrance that conflicts with this Agreement; (b) the Software does not, to the best of STEADYMOUSE LLC's knowledge, infringe upon or violate any patent, copyright, or trade secret or other proprietary right of any third party; (c) the advent of any date or year shall not adversely affect the performance of the Software; and (d) the Software is not contaminated by harmful code (e.g., self-propagating program instructions commonly called viruses, worms or Trojans).
*** General Disclaimer
Except for the limited warranties set forth herein, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEADYMOUSE LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY OF STEADYMOUSE LLC WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE PURCHASE PRICE.
*** Miscellaneous Provisions
The validity and interpretation of this Agreement shall be governed by the laws of the United States of America and the State of Illinois. Customer agrees that the state and federal courts located in the State of Illinois, Peoria County, shall be the appropriate site of venue for actions relating to this Agreement, and hereby consents to the exclusive jurisdiction and venue of such courts. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof will be severed from the Agreement and the remaining provisions will remain in full force and effect.
*** No assignment of Intellectual Property Rights
Nothing in this License Agreement shall operate to assign or transfer any Intellectual Property Rights from STEADYMOUSE LLC to the Customer, or from the Customer to STEADYMOUSE LLC.
*** Source Code
Nothing in this License Agreement shall give to the Customer or any other person any right to access or use the Source Code or constitute any licence of the Source Code.
*** Export Controls
You may not use, export, re-export, import, sell or transfer the Software except as authorized by United States (U.S.) law, the laws of the jurisdiction in which you obtained the Software, and any other applicable laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge that the Software may be subject to other U.S. and foreign laws and regulations governing the export of software by physical and electronic means. You agree to comply with all applicable U.S. and foreign laws that apply to Software as well as end-user, end-use, and destination restrictions imposed by U.S. and/or foreign governments. You also agree that you will not use the Software for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
*** Governing Language
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
STEADYMOUSE LLC may amend this License Agreement from time to time. If we make material changes to this License Agreement, we will notify you by posting the change on http://www.steadymouse.com/eula or sending you an e-mail at your primary email address, as specified in your purchase record. Any changes to this License Agreement will be effective immediately for new users of the Software; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on the website. Continued use of Software following notice of such changes shall indicate your acknowledgement of, and License Agreement to be bound by, such changes. Except as otherwise provided in this License Agreement, no amendment to this License Agreement will be valid unless in a writing hand-signed by the parties.