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.
Definitions
“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.
License
The Agreement governs the rights to use the following parts of
the Software:
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.
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.
Ownership
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
(“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:
Whenever the Software makes an Internet connection and
communicates with an IntuiLab website, whether automatically or due
to explicit user request, the Privacy Policy shall apply. IntuiLab
Privacy Policy allows tracking of website visits.
Whenever the Software connects to IntuiLab over the Internet,
certain Licensee information is collected and transmitted by the
Software to IntuiLab pursuant to the IntuiLab Privacy Policy
available at www.intuilab.com/privacy-policy/.
If Licensee accesses an IntuiLab online service or activates or
registers the Software, then additional Account information may be
transmitted to and stored by IntuiLab pursuant to the IntuiLab
Privacy Policy.
As permitted by applicable law or as consented to by Licensee,
IntuiLab may
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.
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,
openlayers3, JavaScript.NET, Assimp, AssimpToJson,
ZeroConfService under a BSD-2 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.