PatternGraphic: Software, Components and Development Frameworks for Designers & Developers

This End-User License Agreement ("EULA") is a legal agreement between you and patternGraphic for any of the product or program purchased and/or downloaded ("PROGRAM").This EULA grants you, an individual, a personal, nonexclusive license to make and use copies of the software portion of the PROGRAM in the manner provided below. If you are an entity, PatternGraphic.com grants you the right to designate one individual within your organization to have the sole rights to use the PROGRAM in the manner provided below.

End User License Agreement(EULA)

BEFORE OPENING THE PACKAGE CONTAINING THE patternGraphic ("patternGraphic") PROGRAM (AS DEFINED BELOW), CLICKING ON "I ACCEPT" OR "YES" DURING REVIEW OF THIS LICENSE, DOWNLOADING, INSTALLING OR USING THE PROGRAM, PLEASE CAREFULLY READ THIS AGREEMENT, WHICH CONTAINS THE TERMS UNDER WHICH YOU ("LICENSEE") ARE ACQUIRING A LICENSE TO USE THE PROGRAM. THIS LICENSE INCLUDES THE FOLLOWING: 1. GENERAL LICENSE TERMS

2. EVALUATION VERSION ADDENDUM TO THE GENERAL LICENSE TERMS

IF LICENSEE DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE DO NOT OPEN THE PACKAGE CONTAINING THE PROGRAM, CLICK ON "ACCEPT" OR "YES", DOWNLOAD, INSTALL OR USE THE PROGRAM, AND PROMPTLY RETURN THE PROGRAM FOR A FULL REFUND OF ANY LICENSE FEES PAID. IF LICENSEE OPENS THE PACKAGE CONTAINING THE PROGRAM, CLICKS ON "ACCEPT" OR "YES", DOWNLOADS, INSTALLS OR USES IT, LICENSEE WILL BE ACQUIRING A LICENSE TO USE THE patternGraphic SOFTWARE PRODUCT IN OBJECT CODE FORM, INCLUDING ANY RELATED PRINTED OR ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PROGRAM"), ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND LICENSEE WILL BE CONSIDERED TO HAVE ACCEPTED AND AGREED TO THE TERMS OF THIS AGREEMENT.

GENERAL LICENSE TERMS

1. Definitions

"Effective Date" means, unless otherwise specified in the Agreement, the date upon which Licensee acquires a license to use the Program. "Nomadic Use License" means a license to install and use a reasonable number of additional copies of the Program on home or portable Workstations, so long as only one single installation of the licensed Program is being used at any one time by Licensee. "Program" means the software from patternGraphic, in object code form only, and any related printed or electronic documentation. "Workstation" means a computer workstation or personal computer that allows the Program to only be accessed by a single processor and that is not used as a network server.

2. Grant of License

(a) In consideration of the payment of the license fee for the Program, subject to the terms of this Agreement, patternGraphic grants to Licensee a non-exclusive, non-transferable, limited and restricted license as follows:

(i) to install and use the Program on Workstations up to the number of licenses purchased by Licensee, for Licensee’s own personal purposes;

(ii) to utilize the Nomadic Use License for the Program;

(iii) to make one (1) additional copy of the Program in machine readable form for backup purposes only, provided Licensee include any and all patternGraphic copyright notices or other designations that appear or may appear in or on the Program, without alteration or removal of any such copyright or other notice on the original copy of the Program; and

(iv) to distribute an unlimited number of applications or screensavers created using the Program without requiring any royalties be paid to patternGraphic.

(b) Licensee acknowledges and agrees as follows:

(i) to not decompile, reverse engineer, disassemble, or otherwise reduce the Program to a human-readable form, modify or create derivative works based upon the Program; and

(ii) to not use patternGraphic's name, logo, or trademarks to market the Licensee Application without prior approval in writing from patternGraphic.

3. Exclusions

Except as expressly authorized under this Agreement, Licensee is prohibited from doing any of the following things to the fullest extent permitted by law:

(a) sublease, lease, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Program;

(b) provide use of the Program in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, concurrent use arrangement, time sharing or interactive cable television arrangement to users who are not properly licensed by patternGraphic. For greater clarity, the Program may not be used on a computer network or any remote access arrangement (by two different people in two different places at the same time) without an additional license. For any multiple user or remote access arrangement, you must agree to the terms of a separate server license from patternGraphic;

(c) transfer this Agreement or any license to use the Program; and

(d) translate, reverse engineer, modify, adapt, create derivative works, decompile, merge, separate or disassemble any part of the Program.

ONLY VALID LICENSE KEYS ORIGINALLY ISSUED BY patternGraphic MAY BE USED WITH THE PROGRAM. IN THE EVENT LICENSEE USES ANY LICENSE KEY OTHER THAN A LICENSE KEY ISSUED BY patternGraphic, THIS AGREEMENT SHALL TERMINATE IMMEDIATELY AND THE PROGRAM WILL SEND A NOTIFICATION TO patternGraphic RELATING TO THE USE OF SUCH IMPROPER LICENSE KEY. THE NOTIFICATION WILL INCLUDE INFORMATION ABOUT (I) THE COMPUTER ON WHICH THE PROGRAM IS THEN CURRENTLY INSTALLED; (II) THE USER NAME AND COMPANY REGISTERED ON THAT COMPUTER; AND (III) THE LICENSEE APPLICATION. BY INSTALLING AND USING THE PROGRAM, LICENSEE ACKNOWLEDGES AND CONSENTS TO SUCH NOTIFICATION. THIS CONSENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT INDEFINITELY. THE LICENSEE INFORMATION WITHIN THE NOTIFICATION WILL ONLY BE USED FOR ENFORCEMENT PURPOSES AND WILL NOT BE SOLD TO THIRD PARTIES FOR COMMERCIAL PURPOSES.

4. Ownership

The Program is licensed, not sold. All intellectual property rights, including all copyrights and patent rights, in and to the Program shall, at all times, remain with patternGraphic or its licensors. Licensee shall acquire no right whatsoever to all or any part of the Program except the right to use the Program in accordance with the terms of this Agreement and patternGraphic and its licensors reserve all rights not expressly granted to Licensee. Physical copies of the Program remain the property of patternGraphic. Licensee must fully reproduce any copyright or other notice marked on any part of the Program on all authorized copies and must not alter or remove any such copyright or other notice.

5. Limited Warranty

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND ANY ASSOCIATED SERVICES ARE PROVIDED BY patternGraphic ON AN "AS IS" BASIS, AND THERE ARE NO WARRANTIES, CONDITIONS, UNDERTAKINGS OR TERMS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, LACK OF VIRUSES, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE AND/OR LACK OF WORKMANLIKE EFFORT. NEITHER patternGraphic NOR ITS LICENSORS WARRANT THAT THE PROGRAM WILL BE ERROR FREE OR THAT ITS OPERATION WILL BE UNINTERRUPTED. NO patternGraphic AGENT, REPRESENTATIVE, OR DEALER IS AUTHORIZED TO MODIFY, EXTEND OR ADD TO THIS WARRANTY ON BEHALF OF patternGraphic. THE WARRANTIES IN THIS AGREEMENT GIVE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

6. Limitation of Liability

THE ENTIRE RISK, AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM, IS ASSUMED BY LICENSEE. TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL patternGraphic OR ITS LICENSORS, INCLUDING THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY OF patternGraphic OR ITS LICENSORS, INCLUDING THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, IN ANY CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, WHETHER IN TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), CONTRACT OR OTHERWISE SHALL NOT EXCEED FIVE AMERICAN DOLLARS (US $5.00). THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL BREACH OR A BREACH OF THE FUNDAMENTAL TERMS OF THIS AGREEMENT.

7. Term

Subject to the terms and conditions of this Agreement, the license granted under this Agreement shall remain in effect until Licensee ceases all use of the Program and provides written notice to patternGraphic of same. patternGraphic may terminate this Agreement due to Licensee’s failure to comply with any of the provisions of this Agreement if after thirty (30) days written notice such failure remains uncured. Upon termination by Licensee or patternGraphic, Licensee agrees to promptly purge all copies of the Program from all computer systems on which it was stored.

8. Export/Import Restrictions

Licensee represents and warrants that (a) no relevant agency has suspended, revoked or denied Licensee’s export and/or import privileges; (b) Licensee is not located in or under the control of a national or resident of, a jurisdiction where this transaction is prohibited; and (c) Licensee shall not, in any manner whatsoever, either remove, convey, export, import or transmit the Program from or to Licensee’s jurisdiction in violation of the applicable laws and regulations.

9. Assignment

Licensee may not transfer or assign this Agreement without the prior written consent of patternGraphic. The parties agree that patternGraphic is hereby entitled to assign and/or transfer all or part of its rights and obligations under this Agreement to any third party.

10. Entire Agreement

This Agreement is the entire agreement between the parties with respect to its subject matter and supersedes and replaces all prior oral or written agreements, representations, negotiations or understandings between the parties relating to such subject matter. No change or modification to this Agreement shall be valid unless it is in writing and signed by a representative of both parties. No provisions in any purchase orders, or in any other documentation employed by or on behalf of Licensee in connection this Agreement, regardless of the date of such documentation, will affect the terms of this Agreement, even if such document is accepted by patternGraphic, with such provisions being deemed deleted.

11. Waiver

No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. Failure or delay by either party to exercise any of its rights, powers or remedies hereunder shall not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy.

12. Indemnity

Licensee agrees to indemnify and hold patternGraphic and its licensors, including their respective affiliates, subsidiaries, officers, directors, employees, agents, or representatives, harmless against any and all third party proceedings, causes of action, suits, damages, losses, liabilities, costs and expenses (including legal fees) whatsoever that may arise, either directly or indirectly, in any connection with any act or omission on the part of Licensee, or its use of the Program.

13. Language

The original of this Agreement has been written in English and Licensee waives any right it may have under the laws of Licensee’s territory to have this Agreement written in any other language. Licensee represents that it has the ability to read and write in English and has read and understood this Agreement. All communications between the parties hereunder shall be in English.

14. Audit

patternGraphic may, at its expense, appoint an independent third party to audit the number of copies of the Program in use by Licensee. If such audit shows that Licensee has breached and/or is breaching the terms and conditions of this Agreement, including without limitation if Licensee is using a greater number of copies of the Program than that number of licenses purchased by Licensee, Licensee shall pay any applicable fees, and, without limitation, any license fees, for such additional copies within thirty (30) days of invoice, with such underpaid fees being the license fees as per patternGraphic’s then-current, country specific, price list.

15. General

Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Should any provision or part of any provision of this Agreement be found void or unenforceable by a court of competent jurisdiction, such provision, or part thereof, shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge and agree that the limited warranty, exclusive remedies and limited liability set forth in this Agreement are fundamental elements of the basis of the bargain between patternGraphic and Licensee, and that patternGraphic would not be able to provide the Program on an economic basis without such limitations. The provisions within this Agreement which are meant, by their nature, to survive termination of this Agreement shall survive such termination, including, without limitation, the ownership, limited warranty, limitation of liability, governing law, entire agreement, waiver, indemnity, and general sections herein. In this Agreement words importing a singular number only shall include the plural and vice versa. The division of this Agreement into sections and the insertion of headings are for convenient reference only, and shall affect neither the construction nor the interpretation of this Agreement.

15. Support Service

A limited email support service is provided for a period of 5 business days from the date of purchase of the PROGRAM .

There may be 5 working days of time-lag to response to any technical questions sent to support@patterngraphic.com along with the details of the purchase (e.g. transaction id, product code, product purchase date and regsitered email and license id) to the technical question. The technical support is limited to email answers for usage of the component and features details. The support does not entertain any addition of new feature request or any other type of service that is required to make the SOFTWARE PRODUCT operational.

We do not provide any support for any FREEWARE or TRIAL VERSION OF any PROGRAM from patternGraphic.

16.Customer Remedies

PatternGraphic's entire liability and your exclusive remedy shall not exceed the price paid for the PROGRAM .

16. Termination

Without prejudice to any other rights, PatternGraphic.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

EVALUATION VERSION ADDENDUM TO THE GENERAL LICENSE TERMS

Your use of an evaluation version of the Program is governed by the General License Terms as modified by the terms of this Evaluation Version Addendum. In the event of any conflict between the General License Terms and this Evaluation Version Addendum, the terms of this Evaluation Version Addendum shall govern.

1. Grant of License

(a) Subject to the terms of this Agreement, patternGraphic grants to Licensee a non-exclusive, non-transferable, limited and restricted license as follows:

(i) install and use the Program, solely for the purpose of Licensee’s internal evaluation, on a single Workstation; and

(ii) to make one (1) additional copy of the Program in machine readable form for backup purposes only, provided Licensee include any and all patternGraphic copyright notices or other designations that appear or may appear in or on the Program, without alteration or removal of any such copyright or other notice on the original copy of the Program.

(b) LICENSEE APPLICATIONS DEVELOPED USING THIS EVALUATION PROGRAM WILL BE FULLY FUNCTIONAL. For use beyond Licensee’s internal evaluation of the Program, Licensee will need to acquire a license key from patternGraphic.

2. Exclusions

Except as expressly authorized under this Agreement, and in addition to the exceptions listed under the General License Terms, Licensee is prohibited from doing any of the following things to the fullest extent permitted by law:

(a) demonstrate, test, examine, evaluate or otherwise use the Program in a live operating/production environment; and/or

(b) disclose the results of any benchmark test of the Program to any third party, without patternGraphic’s prior written approval.

BY OPENING THE PACKAGE CONTAINING THE PROGRAM, CLICKING ON THE "I ACCEPT" OR "YES" BUTTON DURING REVIEW OF THIS LICENSE, DOWNLOADING, INSTALLING OR USING THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOUR SOLE AND EXCLUSIVE REMEDY (OTHER THAN A REFUND OF FEES PAID) IS TO CLICK "REJECT" OR "CANCEL" AND YOU WILL NOT BE PERMITTED TO DOWNLOAD, INSTALL, ACTIVATE OR USE THE PROGRAM. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR A THIRD PARTY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND ARE AUTHORIZED TO DO SO.