ActivePresenter EULA

ACTIVEPRESENTER – ATOMI SYSTEMS, INC.
END USER LICENSE AGREEMENT

IMPORTANT:

PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND ATOMI. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY HOWEVER INSTALL, COPY AND USE THE SOFTWARE AS FREEWARE WITH LIMITED FEATURES, IN THIS CASE THE FREE LICENSE AGREEMENT WHICH INCLUDED IN THE SOFTWARE IS AUTOMATICALLY APPLIED.

THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET AS DESCRIBED IN SECTION 7. ADDITIONALLY, ONCE CONNECTED, THE SOFTWARE MAY TRANSMIT YOUR LICENSE CODE TO ATOMI AND IN DOING SO MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. VISIT https://atomisystems.com/activation FOR ADDITIONAL INFORMATION ABOUT PRODUCT ACTIVATION.

NON-EXCLUSIVE, NON-TRANSFERABLE SOFTWARE LICENSE

0. DEFINITIONS AND OPEN SOURCE SOFTWARE NOTICE:

ATOMI means Atomi Systems, Inc., a software company organized and operated under the laws of Vietnam.

“SOFTWARE” means (a) all of the information with which this agreement is provided, including but not limited to (i) ATOMI or third party software files and other computer information; (ii) related explanatory written materials and files (“Documentation”); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by ATOMI at any time, to the extent not provided under a separate agreement (collectively, “Updates”).

The license terms in this EULA apply to the SOFTWARE, exclude Open Source Software portions, whose different license terms are described in their appropriate licenses, including but not limited to:

Portions of the SOFTWARE (wxWidgets, wxJSON, wxSQLite, wxPdfDocument, wxSVG) copyright (c) Julian Smart, Robert Roebling et al. are licensed under the terms of wxWindows Library Licence, Version 3.1.

Portions of the SOFTWARE (FFmpeg) Copyright (c) FFmpeg Development Team are licensed under the terms of the GNU LESSER GENERAL PUBLIC LICENSE (“LGPL”) version 3.

Portions of the SOFTWARE (LAME) Copyright (c) the LAME development team are licensed under the terms of GNU LESSER GENERAL PUBLIC LICENSE version 2.1.

Portions of the SOFTWARE (libVorbis, libOgg, libTheora, libSpeex) Copyright (c) Xiph.Org Foundation are licensed under the terms of Xiph.org Foundation LICENSE.

Portions of the SOFTWARE (PortAudio) Copyright (c) Ross Bencina and Phil Burk are licensed under the terms of the PortAudio V19 license.

Portions of the SOFTWARE (Crypto++) Compilation Copyright (c) Wei Dai.

Portions of the SOFTWARE (OpenSSL) copyright (c) the OpenSSL Project are licensed under the terms of OpenSSL License (https://www.openssl.org/source/license.html).

Portions of the SOFTWARE (cpprestsdk) Copyright (c) Microsoft Corporation are licensed under the terms of the MIT license.

Portions of the SOFTWARE (Sparkle) copyright (c) the Sparkle Project are licensed under the terms of Sparkle License (https://github.com/sparkle-project/Sparkle/blob/master/LICENSE).

Portions of the SOFTWARE (HarfBuzz) are licensed under the old MIT license.

Portions of the SOFTWARE (Hunspell) are licensed under the terms of the GNU LESSER GENERAL PUBLIC LICENSE (“LGPL”) version 2.1.

Portions of the SOFTWARE (Cairo) are licensed under the terms of the GNU LESSER GENERAL PUBLIC LICENSE (“LGPL”) version 2.1.

Portions of the SOFTWARE (CanvasLoader) Copyright (c) Róbert Pataki are licensed under the terms of the MIT license.

Portions of the SOFTWARE (Assimp) copyright (c) Assimp Team are licensed under the terms of Open Asset Import Library (assimp).

Portions of the SOFTWARE (Qt) copyright (c) The Qt Company are licensed under the terms of GNU LESSER GENERAL PUBLIC LICENSE (“LGPL”) version 3.

Portions of the SOFTWARE (MathJax) are licensed under the Apache License version 2.0.

All these Open Source Software licenses are distributed along with the SOFTWARE installation package.

The source code of Open Source Software can be obtained from ATOMI homepage.

1. GRAND OF LICENSE AND RESTRICTIONS
This EULA grants you the following non-exclusive, non-transferable, limited rights:

(1) You may install the SOFTWARE on as many computers as you want.

(2) Concurrent Use – Only one installation of each single license can be used at a time.

(3) Use the SOFTWARE in a network or multi-user environment (like Remote Desktop Services) provided that the number of concurrent users accessing the SOFTWARE must not exceed the number of purchased licenses.

(4) Reservation of Rights – ATOMI reserves all rights not expressly granted to you in this EULA.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Limitations on Reverse Engineering, Decompilation, and Disassembly – You may not reverse engineer, decompile, disassemble the SOFTWARE, unless this is strictly for personal use or to debug such modifications.

Separation of Components – The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Rental – You may not rent, license or lease the SOFTWARE.

Software Transfer Prohibited – You may not transfer all or any portion of your rights under this EULA without first obtaining the prior written consent of ATOMI.

Redistribution – You may copy, post and otherwise distribute the SOFTWARE installation package; provided that you keep the SOFTWARE installation package intact and do not delete or revise any portion of such package.

Termination – Without prejudice to any other rights, ATOMI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, the Free License Agreement automatically takes effect or you must destroy all copies of the SOFTWARE and all of its component parts.

ATOMI may also terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA.

3. UPGRADES

ATOMI reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by ATOMI shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that ATOMI offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.

4. INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by and shall remain the sole property of ATOMI or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on up to a number of computers limited by your purchased license provided you keep the original solely for backup or archival purposes.

The SOFTWARE and any copies of the SOFTWARE or any serial or key codes related to the SOFTWARE may not be used, posted or displayed in any form or manner on any online auction sites or any other sites without the express prior written permission of ATOMI.

5. INJUNCTIVE RELIEF

The parties agree that if you utilize or otherwise uses any of the SOFTWARE in an unauthorized manner, or breach the remaining terms and conditions of this EULA, that such use or breach would have a devastating and serious impact on ATOMI’s continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to ATOMI. The parties agree that in such event, in addition to ATOMI’ right to recover damages for a breach of this EULA, ATOMI would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent You, your employees, agents, consultants, or independent contractors from engaging in any further use of the SOFTWARE or the continued breach of the remaining terms and conditions of this EULA.

6. DUAL-MEDIA SOFTWARE

You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on more than a number of computers limited by your purchased license. You may not loan, rent, lease, license or otherwise transfer the other medium to another user.

7. INTERNET CONNECTIVITY AND PRIVACY

7.1. Automatically Connections to the Internet. The SOFTWARE may cause your computer to automatically connect to the Internet and to communicate with an ATOMI website for purposes that may include providing you with additional information, features and functionality. Unless otherwise specified in Section 7.2, the following provisions apply to all automatic Internet connections by the SOFTWARE:

7.1.1. When the SOFTWARE automatically connects to the Internet, an Internet protocol address (“IP Address”) that is associated with your current Internet connection is sent to ATOMI websites;

7.1.2. When the SOFTWARE automatically connects to the Internet, no personally identifiable information is sent except to the extent that IP Address may be considered personally identifiable in some jurisdictions;

and

7.1.3. Whenever the SOFTWARE makes an Internet connection and communicates with an ATOMI website, the ATOMI Privacy Policy (https://atomisystems.com/privacy) shall apply. Please note that the ATOMI Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons and similar devices.

7.2. Updating. The SOFTWARE may cause your computer to automatically connect to the Internet to check for Updates that are available for automatic download to your computer and to let ATOMI know the SOFTWARE is successfully installed. Please consult the Documentation for information about changing default update settings.

8. LIMITED WARRANTY

ATOMI warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days from the date of receipt.

9. CUSTOMER REMEDIES

ATOMI and its suppliers entire liability and your exclusive remedy shall be, at ATOMI’s option, either (a) return the license fee paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet ATOMI Limited Warranty and which is returned to ATOMI with a copy of your receipt.

This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement, SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Vietnam, neither these remedies nor any product support services offered by ATOMI are available without proof of purchase from an authorized international source.

10. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, ATOMI and its suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warrantees of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall ATOMI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, even if ATOMI has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

12. SURVIVAL

The restrictions and obligations as contained in this EULA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this EULA, and shall continue and remain in effect for one year, said period commencing on the day and year first written above to bind You, and your employees, agents, successors, heirs and assigns.

13. INTEGRATION

This EULA sets forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and supersedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.

14. AMENDMENTS
Except as otherwise provided in this EULA, this Agreement may not be amended, altered, or any of its provisions waived on behalf of either party, except in writing executed by both parties duly authorized agent.

15. ASSIGNABILITY
This agreement and the rights and duties under this Agreement may not be assigned by you without the prior written consent of ATOMI.

16. BENEFIT
This EULA shall be binding upon and inure to the benefit of ATOMI and its successors and permitted assigns.

17. COUNTERPARTS
This EULA may be executed and/or accepted in one or more counterparts, each of which shall be enforceable against the party actually executing and/or accepting the counterparts, and all of which together shall constitute one instrument.

18. CAPTIONS
Captions contained in this Agreement are inserted for reference and in no way define, limit, extend or describe the scope of the EULA or intent of any provision in the EULA.

19. SEVERABILITY
If any provision of this EULA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this EULA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the EULA to the other party.

20. AUTHORITY TO EXECUTE AND ACCEPT

You warrant and represent to ATOMI that this EULA shall be binding upon You, and that the individual agreeing to be bound under the terms and conditions of this EULA is authorized or has been empowered to do so.

21. The SOFTWARE is protected by copyright laws of Vietnam and international copyright treaties, as well as other intellectual property laws and treaties. ATOMI or the original copyright holders own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed to you on a non-exclusive, non-assignable, non-transferable, limited, personal basis, not sold.

Should you have any questions concerning this EULA, or if you desire to contact Atomi Systems for any reason,
please contact the Atomi Systems subsidiary serving your country, or write:

ATOMI SYSTEMS, INC.

Headquarters: No. 281 Group 1, Phu Dien, North Tu Liem, Hanoi, Vietnam.

Office: 15F, Viet A Building, 9 Duy Tan Str., Dich Vong Hau, Cau Giay, Hanoi, Vietnam.

Phone: +8424-3755-8373

Fax: +8424-3755-8372

WWW: https://atomisystems.com

Support: https://talk.atomisystems.com or support@atomisystems.com