Originlab END-USER LICENSE AGREEMENT
Originlab END-USER LICENSE AGREEMENT
Originlab END-USER LICENSE AGREEMENT
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OriginLab Corporation<br />
One Roundhouse Plaza<br />
Northampton, MA 01060 USA<br />
Phone: 800-969-7720<br />
413-586-2013<br />
Fax: 413-585-0126<br />
Email: info@originlab.com<br />
Web: www.OriginLab.com<br />
OriginLab <strong>END</strong>-<strong>USER</strong> <strong>LICENSE</strong> <strong>AGREEMENT</strong><br />
This is a legal agreement between you (either an individual or an entity) and OriginLab<br />
Corporation. By opening the sealed OriginLab software package (herein SOFTWARE) and/or<br />
by using the SOFTWARE, you agree to be bound by the terms of this agreement. If you do not<br />
agree to the terms of this agreement, promptly return the SOFTWARE and accompanying items<br />
(including printed materials or other containers) to the place you obtained them for a full refund<br />
within sixty -(60) days of the purchase date.<br />
GRANT OF <strong>LICENSE</strong><br />
OriginLab grants you a non-exclusive license to use the SOFTWARE in accordance with the<br />
following terms.<br />
Single-User License<br />
If you purchased a single-user license, OriginLab allows one (1) designated individual, and only<br />
that individual, the right to install the software on one (1) home, one (1) work, and one (1)<br />
portable computer. The designated individual agrees that no more than one (1) installation will<br />
be in use at any given time.<br />
Student Version License<br />
If you purchased a Student Version license, OriginLab grants only you, the purchaser, the right<br />
to install the software on one (1) computer. The Student Version license may NOT be<br />
transferred to any other individual.<br />
Group License-Limited Installation<br />
If you purchased a multi-user license, you may install and use the SOFTWARE on individual<br />
computer workstations within your organization up to the number of users specified in the<br />
purchase order. This type of license is not portable outside your organization (i.e., The<br />
SOFTWARE can not be installed on a computer at home or on a portable computer unless your<br />
organization purchases a maintenance plan at the time of purchasing the group license).<br />
Group License-Unlimited Installations<br />
If you purchased a group license with an unlimited installation option, you will also have to<br />
purchase the FLEXlm License from OriginLab Corporation. This will allow you to install the<br />
Software on as many computers as you find necessary provided that all of the computers that<br />
the Origin software is installed on are connected to a single network. However, the number of<br />
licenses used at one time will be limited to the number of licenses specified at the time of<br />
purchase. The licenses can be accessed at any networked machine using your login<br />
procedure. This license requires the SOFTWARE to be installed on a client-server network.<br />
OriginLab Corporation, Origin 7.5 SR5 License Agreement
Software Developers<br />
If you are developing and distributing applications with the SOFTWARE, any individual receiving<br />
a copy of your application and using it in conjunction with the SOFTWARE must have<br />
purchased their own license for the SOFTWARE.<br />
You agree not to use the OriginLab name, logo, or trademarks to market your application<br />
without first receiving written permission from OriginLab. You further agree to indemnify, hold<br />
harmless, and defend OriginLab and its suppliers from and against any claims or lawsuits that<br />
arise or result from the use or distribution of your application. OriginLab may require that a<br />
separate agreement is executed before the development and distribution of any applications<br />
involving the SOFTWARE occurs.<br />
BACKUP COPIES<br />
OriginLab grants you the right to make one (1) archival copy of the SOFTWARE for the sole<br />
purpose of backing up the SOFTWARE and protecting your investment from loss.<br />
TRANSFER<br />
OriginLab further grants you the right to transfer this license and the SOFTWARE to another<br />
party provided the following transfer conditions are met. 1) The other party accepts all terms of<br />
this agreement. 2) All copies of the SOFTWARE are transferred and you discontinue use of the<br />
SOFTWARE after transferring. 3) OriginLab is promptly notified of the name and address of the<br />
other party and the serial number of the SOFTWARE. 4) OriginLab is not required to supply new<br />
media.<br />
TERM AND TERMINATION<br />
Failure to comply with any of these terms will terminate this agreement and your right to use the<br />
SOFTWARE. You may also choose to terminate the agreement at any time. Upon termination<br />
of this agreement, you must immediately destroy the SOFTWARE and all copies of it.<br />
COPYRIGHT<br />
The SOFTWARE (including any images, “applets,” photographs, animations, video, audio,<br />
music and text incorporated into the SOFTWARE) is owned by OriginLab or its suppliers and is<br />
protected by United States copyright laws and international treaty provisions. Therefore, you<br />
must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical<br />
recording) except that you may either (a) make one copy of the SOFTWARE solely for backup<br />
or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the<br />
original solely for backup or archival purposes. You may only copy the printed materials<br />
accompanying the SOFTWARE for your own internal use.<br />
LIMITED WARRANTY<br />
OriginLab warrants that the SOFTWARE will perform substantially in accordance with the<br />
accompanying printed materials for a period of sixty (60) days from the date of purchase. Any<br />
implied warranties on the SOFTWARE are limited to sixty (60) days. Some states/jurisdictions<br />
do not allow limitations on duration of an implied warranty, so the above limitation may not apply<br />
to you.<br />
OriginLab Corporation, Origin 7.5 SR5 License Agreement
CUSTOMER REMEDIES<br />
OriginLab’s entire liability and your exclusive remedy shall be, at OriginLab’s option, (a) return of<br />
the price paid or (b) repair or replacement of the SOFTWARE that does not meet OriginLab’s<br />
limited warranty and that is returned to OriginLab with a copy of your receipt. This limited<br />
warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or<br />
improper application. Any replacement of SOFTWARE will be warranted for the remainder of<br />
the original warranty period or thirty (30) days, whichever is longer. Outside of the United<br />
States, neither these remedies nor any product support services offered by OriginLab are<br />
available without proof of purchase from an authorized non-US source.<br />
NO OTHER WARRANTIES<br />
To the maximum extent permitted by applicable law, OriginLab disclaims all other warranties,<br />
either expressed or implied, including but not limited to implied warranties of merchantability and<br />
fitness for a particular purpose, with respect to the SOFTWARE and the accompanying written<br />
materials. You may have others, which vary from state/jurisdiction to state/jurisdiction.<br />
NO LIABILITY FOR CONSEQUENTIAL DAMAGES<br />
To the maximum extent permitted by applicable law, in no event shall OriginLab or its suppliers<br />
be liable for any special, incidental, indirect, or consequential damages whatsoever (including,<br />
without limitation, damages for loss of business profits, business interruption, loss of business<br />
information, or any other pecuniary loss) arising out of the use of or inability to use the<br />
SOFTWARE product, even if OriginLab has been advised of the possibility of such damages.<br />
U.S. GOVERNMENT RESTRICTED RIGHTS<br />
Use, duplication, or disclosure by the Government is subject to retractions as set forth in<br />
subparagraph ©(1)(ii) of the Rights in Technical Data and Computer SOFTWARE clause at<br />
DFARS 252.227 - 7013 or subparagraphs ©(1) and (2) of the Commercial Computer<br />
SOFTWARE - restricted right at 48 CFR 52.227-19, as applicable.<br />
If you acquired this product in the United States, the laws of the Commonwealth of<br />
Massachusetts govern this agreement.<br />
If you acquired this product outside the United States, local law may apply.<br />
Should you have any questions concerning this agreement please contact the OriginLab<br />
authorized distributor serving your country, or write OriginLab at One Roundhouse Plaza,<br />
Northampton, MA 01060-4401 USA, Phone: +1-413-586-2013, Web: www.OriginLab.com.<br />
OriginLab Corporation, Origin 7.5 SR5 License Agreement