- 1. Definitions
- 2. Software License; Membership
- 3. Intellectual Property Ownership
- 4. Restrictions and Requirements
- 5. Updates
- 6. Limited Warranty
- 7. Disclaimer
- 8. Limitation of Liability
- 9. Export Rules
- 10. Governing Law
- 11. General Provisions
- 12. Notice to U.S. Government End Users
- 13. Compliance with Licenses
- 14. Internet Connectivity and Privacy
- 15. Peer-to-Peer Communications
- 16. Specific Provisions and Exceptions
Katachi Media Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE, YOU (HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS ON LICENSE RESTRICTIONS IN SECTION 4, LIMITED WARRANTY IN SECTIONS 6 AND 7, LIMITATION OF LIABILITY IN SECTION 8, AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 16. CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE SOFTWARE.
Customer may have another written agreement directly with Katachi Media (e.g., a site license agreement) that supplements or supersedes all or portions of this agreement. The Software is LICENSED, NOT SOLD, only in accordance with the terms of this agreement. Use of some Katachi Media and some non-Katachi Media materials and services included in or accessed through the Software may be subject to additional terms and conditions. Notices about non-Katachi Media materials are available at http://126.96.36.199/legal/code-credits
By creating a Origami Engine ID, either through Katachi Media or a third party such as Facebook, Inc (“Facebook”), or commencing download of the Katachi Media Software Application at the origamiengine.com website or by using the Katachi Media Software (including but not limited to the downloading of said application) or the Katachi Media Online Services, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that any registration information that you submit to Katachi Media is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the Katachi Media privacy police found at http://188.8.131.52/legal/privacy
The Software requires Customer’s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Software requires activation or registration. Additional information on activation, Internet connectivity, and privacy is available in Sections 14 and 16.
1.1 “Katachi Media” means Katachi Media Incorporated, a Delaware corporation, 7911 Elmer Avenue, Los Angeles, California 91352.
1.2 “Compatible Computer” means a Computer with the recommended operating system and hardware configuration as stated in the Documentation.
1.3 “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.
1.4 “Customer” means you and any legal entity that obtained the Software and on whose behalf it is used; for example, and as applicable, your employer.
1.5 “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.
1.6 “Output File” means an output file Customer creates with the Software.
1.7 “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Katachi Media.
1.8 “Software” means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information; (ii) any proprietary scripting logic embedded within exported file formats or used in an Katachi Media Online Service; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Katachi Media software or made available by Katachi Media on Katachi Media’s website for use with the Katachi Media software and not obtained from Katachi Media through a separate service (unless otherwise noted within that service) or from another party (“Content Files”); (iv) related explanatory written materials and files (“Documentation”); and (v) fonts; and (b) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to Customer by Katachi Media at any time, to the extent not provided under separate terms (collectively, “Updates”).
2. Software License; Membership
2.1.1 License Types
184.108.40.206 Evaluation Software. The Software, or portions of the Software, that are provided with a serial number designated for “evaluation purposes” or other similar designation (such as Software or a serial number supplied as “EVAL” under a separate agreement) (“Evaluation Software”) may only be installed and used on Permitted Number of Compatible Computers during the License Term for demonstration, evaluation, and training purposes only, and only if any Output Files or other materials produced through such use are used only for internal, non-commercial, and non-production purposes. THE EVALUATION SOFTWARE IS PROVIDED “AS IS”. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH EVALUATION SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN RISK.
220.127.116.11 Subscription Edition. For the Software available on a subscription-basis (“Subscription Edition”), Customer may install and use the Subscription Edition only on the Permitted Number of Compatible Computer during the License Term with valid Apple UUID’s supplied to Katachi Media by Customer. Subject to the Permitted Number of Computers for the Subscription Edition.
18.104.22.168 Term. Customer agrees that Katachi Media may change the type of Software (such as specific components, versions, platforms, languages, etc.) included in the Subscription Edition at any time and shall not be liable to Customer whatsoever for such change. Ongoing access to a Subscription Edition requires: (a) a recurring Internet connection to activate, renew, and validate the license, (b) Katachi Media or its authorized reseller’s receipt of recurring subscription payments, and (c) Customer’s agreement to subscription terms and other additional terms and conditions that are available athttp://origamiengine.com/sla/terms/ or at the time of purchase. If Katachi Media does not receive the recurring subscription payment or cannot validate the license periodically, then the Software may become inactive without additional notice until Katachi Media receives the payment or validates the license.
2.1.2 Software Hardware Pairing. The Software is licensed for use on a specific operating system platform. Customer must purchase a separate license for use of the Software on each operating system platform. By way of example, if Customer desires to install the Software on both the Mac OS and Windows operating system platforms on a device that runs both of those platforms (i.e., a dual boot machine), then Customer must first obtain two separate licenses for the Software. This is true even if two versions of the Software, each designed for a different operating system platform, are delivered to Customer on the same media.
2.1.3 Distribution from a Server. As permitted by the Documentation, Customer may copy an image of the Software onto a Computer file server within Customer’s Internal Network (“Server”) for the purpose of downloading and installing the Software onto Computers within the same Internal Network for use only as permitted by this Section 2.
2.1.4 Server Use
22.214.171.124 As permitted in a separate purchasing document or Documentation and subject to license restrictions stated in this Agreement, Customer may install the Software on a Server only for the purpose of allowing an individual from a Computer within the same Internal Network (“Network User”) to access and use the Software. The Network User who has access to such Software on the Server is referred to as “Server Software User”. The total number of Server Software Users (not the concurrent number of users) may not exceed the Permitted Number. By way of example, if Customer has purchased 10 licenses of Software (Permitted Number is 10) and Customer elects to install the Software on a Server, then Customer can only allow up to 10 Server Software Users the access to the Software (even though Customer may have more than 10 Network Users or fewer than 10 concurrent users of the Software).
126.96.36.199 For clarification and without limitation, the foregoing does not permit Customer to install or access (either directly or through commands, data, or instructions) the Software: (a) from or to a Computer not part of Customer’s Internal Network; (b) for enabling web hosted workgroups or web hosted services available to the public; (c) by any individual or entity to use, download, copy, or otherwise benefit from the functionality of the Software unless licensed to do so by Katachi Media; (d) as a component of a system, workflow or service accessible by more than the Permitted Number of users; or (e) for operations not initiated by an individual user (e.g., automated server processing).
2.2 Membership. This Section 2.2 applies to Customers who have purchased a membership-based license or service such as the Origami Design membership (collectively, “Membership”).
2.2.2 Software License Related to the Membership. Subject to Customer’s continuous compliance with this Agreement and payment of the applicable membership fees, if any, Katachi Media grants Customer a non- exclusive and limited license to install and use the Software: (a) worldwide, (b) during the period that the Membership is current and active (“Membership Term”) and (c) in a manner consistent with the terms of this Agreement and applicable Documentation. Upon the expiration or termination of the Membership Term, (x) some or all of the Software may cease to operate without prior notice and (y) Customer may not use the Software unless Customer has renewed the membership. All terms related to the specific Software as stated in this Agreement shall remain effective and continue to apply to Customer and its use of such Software.
2.2.3 Restrictions. Customer agrees to the following additional terms and restrictions related to the Membership: (a) Katachi Media may change the type of Software (such as specific products, components, versions, platforms, languages, etc.) included in the Membership at any time and shall not be liable to Customer whatsoever for such change; (b) Customer will be required to connect to the Internet and log in at least once every 7 consecutive days during the Membership Term; (c) Software will automatically connect to the Internet to acquire Customer’s Membership and publishing certificate without notice at any time; and (d) Customer may not enable or allow others to use the Software as Customer.
2.3 Content Files. Unless stated otherwise in the “Read-Me” files, Documentation, or other license(s) associated with the Content Files, Customer may use, display, modify, reproduce, and distribute any of the Content Files. However, Customer may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and Customer may not claim any trademark rights in the Content Files or derivative works thereof. Nothing stated herein shall affect the ownership of the Software as stated in Section 3.
2.5 Programming Languages. The Software may include portions of the OE web SDK. Subject to the restrictions contained in this Section 2, Katachi Media grants to Customer a nonexclusive, nontransferable, royalty-free license to use the items in the OE web SDK only for the purpose of internal development of application programs designed to function with Katachi Media products. Except as expressly provided in this Section 2.5, no portions of the OE web SDK may be modified or distributed. Customer agrees to indemnify, hold harmless, and defend Katachi Media from and against any loss, damage, claims, or lawsuits, including attorney’s fees, that arise or result from such distribution.
3. Intellectual Property Ownership
The Software and any authorized copies that Customer makes are the intellectual property of and are owned by Katachi Media Incorporated. The structure, organization, and source code of the Software are the valuable trade secrets and confidential information of Katachi Media Incorporated. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant Customer any intellectual property rights in the Software. All rights not expressly granted are reserved by Katachi Media.
4. Restrictions and Requirements
4.1 Proprietary Notices. Any permitted copy of the Software (including without limitation Documentation) that Customer makes must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 Use Obligations. Customer agrees that it will not use the Software other than as permitted by this agreement and that it will not use the Software in a manner inconsistent with its design or Documentation.
4.3 No Modifications. Except as expressly permitted in Sections 2 or 16, Customer may not modify, port, adapt, or translate the Software.
4.4 No Reverse Engineering. Except as otherwise expressly permitted in Section 16.1, Customer will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
4.5 No Unbundling. The Software may include various applications and components, may allow access to different Origami Engine Online Services, may support multiple platforms and languages, and may be provided to Customer on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to Customer as a single product to be used as a single product on Computers as permitted herein. Unless otherwise permitted in the Documentation, Customer is not required to install all component parts of the Software, but Customer may not unbundle the component parts of the Software for use on different Computers.
4.6 No Transfer
4.6.1 CUSTOMER WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS RIGHTS IN THE SOFTWARE (INCLUDING WITHOUT LIMITATION, SOFTWARE OBTAINED THROUGH A WEB DOWNLOAD), OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN.
4.6.2 Except with regard to Educational Software Products (as defined in Section 16.3), Pre-release Software (as defined in Section 16.2), Evaluation Software, not-for-resale copies of the Software, or Software obtained through an Katachi Media volume license program and further subject to Section 4.6.3, Customer may permanently transfer all its rights to use the Software to another individual or legal entity provided that: (a) Customer also transfers (i) this agreement, (ii) the serial number(s), the Software affixed to media provided by Katachi Media or its authorized distributor, and all other software or hardware bundled, packaged, or pre-installed with the Software, including all copies, Updates, and Prior Versions (as defined in Section 5, below), and (iii) all copies of font software to such individual or entity; (b) Customer retains no Updates, Prior Versions, or copies, including backups and copies stored on a Computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which Customer purchased a valid license to the Software.
4.6.3 If the Software requires recurring activation or registration and Katachi Media grants Customer’s request to be exempted from the requirement of such recurring activation or registration, then in addition to the restrictions set forth in the Activation Terms (as defined in Section 14.3), then the right to permanently transfer as stated in Section 4.6.2 shall terminate immediately upon the grant of such request.
4.7 Worldwide. Customer can use the Software and access the Katachi Media Online Services anywhere in the world and in a manner consistent with the activation policy described in 14. Internet Connectivity and Privacy.
If the Software is an Update to a prior version of Katachi Media software (the “Prior Version”), then Customer’s use of this Update is conditional upon its retention of the Prior Version. Therefore, if Customer validly transfers this Update pursuant to Section 4.6, the Customer must transfer the Prior Version along with it. If Customer wishes to use this Update in addition to the Prior Version, then Customer may only do so on the same Computer on which it has installed and is using the Prior Version. Any obligations that Katachi Media may have to support Prior Versions during the License Term may end upon the availability of this Update. No other use of the Update is permitted. Additional Updates may be licensed to Customer by Katachi Media with additional or different terms.
6. Limited Warranty
Except as otherwise stated in a separate agreement between Katachi Media and a Software licensee, Katachi Media warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the corresponding user manual for the Software for the shorter period of (a) the ninety (90) day period or (b) License Term following receipt of the Software (“Warranty Period”) when used on the Compatible Computer. Non-substantial variation of performance from the user manual does not establish a warranty right. This limited warranty does not apply to the following, which are made available AS-IS and without warranty from Katachi Media: (i) patches; (ii) font software; (iii) Pre-release Software, trial, starter, evaluation, product sampler, Evaluation Software, and not-for-resale copies of the Software; (iv) websites, Origami Engine Online Services; and Third Party Online Services; (v) Certified Document Services (see Section 16); and (vi) any software made available by Katachi Media for free via web download from a Katachi Media website. All warranty claims must be made, along with proof of purchase, to the Katachi Media Customer Support Department within such Warranty Period. Additional information on warranty claims is available in Payment & Refunds. The entire liability of Katachi Media and its affiliates related to such warranty claim and Customer’s sole and exclusive remedy under any warranty will be limited to either, at Katachi Media’s option, support of the Software based on the warranty claim, replacement of the Software, or, if support or replacement is not practicable at Katachi Media’s determination, refund of the license fee Customer paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. Katachi Media DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see Section 16 for jurisdiction-specific provisions or contact the Katachi Media Customer Support Department.
THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, Katachi Media, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, THE SOFTWARE AND ACCESS TO ANY WEBSITES, Katachi Media OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. Katachi Media DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.
8. Limitation of Liability
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY Katachi Media ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, KATACHI MEDIA, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN KATACHI MEDIA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, KATACHI MEDIA’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits Katachi Media’s liability to Customer in the event of death or personal injury resulting from Katachi Media’s negligence or for the tort of deceit (fraud). Katachi Media is acting on behalf of its affiliates, suppliers, and Certificate Authorities for the purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but in no other respects and for no other purpose.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN CUSTOMER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. KATACHI MEDIA DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION 16 FOR JURISDICTION-SPECIFIC STATEMENTS.
9. Export Rules
Customer acknowledges that the Software is subject to the U.S. Export Administration Regulations (the “EAR”) and that Customer will comply with the EAR. Customer will not export or re-export the Software, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) any end user whom Customer knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. In addition, Customer is responsible for complying with any local laws in Customer’s jurisdiction which may impact its right to import, export or use the Software. If Katachi Media has knowledge that a violation has occurred, Katachi Media may be prohibited from providing maintenance and support for the Software.
10. Governing Law
If Customer is a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the jurisdiction which Customer purchased the license to use the Software. If Customer is not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in the State of Delaware, the respective courts of Kent County, Delaware when Delaware law applies. The language of the arbitration shall be English. Notwithstanding any provision in this agreement, Katachi Media or Customer may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. This agreement will not be governed by the following, the application of which is hereby expressly excluded: (x) the conflict of law rules of any jurisdiction, (y) the United Nations Convention on Contracts for the International Sale of Goods, and (z) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction.
11. General Provisions
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of Katachi Media. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between Katachi Media and Customer relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
12. Notice to U.S. Government End Users
12.1 U.S. Government Licensing of Katachi Media Technology. Customer agrees that when licensing Katachi Media Software for acquisition by the U.S. Government, or any contractor therefore, Customer will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227.7202-1 and 227.7202-4 (for the Department of Defense). For U.S. Government End Users, Katachi Media agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference into this agreement.
12.2 Commercial Items. For U.S. Government End Users, Software is a “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
13. Compliance with Licenses
If Customer is a business, company, or organization, Customer agrees that, in addition to any license compliance checking performed by the Software, Katachi Media or its authorized representative have the right, no more than once every twelve (12) months, upon seven (7) business days’ prior notice to Customer, to inspect Customer’s records, systems, and facilities to verify that its use of any and all Katachi Media software or service is in conformity with its valid licenses from Katachi Media. For example, Katachi Media has the right to those of Customer’s records useful to determine whether installations of the Software have been serialized, and Customer shall provide such records to Katachi Media promptly upon request by Katachi Media. Additionally, Customer shall provide Katachi Media with all records and information requested by Katachi Media in order to verify that its use of any and all Katachi Media software is in conformity with its valid licenses from Katachi Media within thirty (30) days of Katachi Media’s request.
14. Internet Connectivity and Privacy
14.1 Automatic Connections to the Internet. The Software may cause Customer’s Computer, without notice, to automatically connect to the Internet and to communicate with a Katachi Media website or Katachi Media domain for purposes such as license validation, certificate acquisition, software updating and providing Customer with additional information, features, or functionality. Unless otherwise specified in Sections 14.2 through 14.6, the following provisions apply to all automatic Internet connections by the Software:
14.1.4 As permitted by applicable law or as consented to by Customer, Katachi Media may (a) send Customer transactional messages to facilitate the Katachi Media Online Service or the activation or registration of the Software or Katachi Media Online Service, or (b) deliver in-product marketing to provide information about the Software and other Katachi Media products and Services using information including but not limited to platform version, version of the Software, license status, and language.
14.2 Updating. The Software may cause Customer’s Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the Computer and (b) notify Katachi Media of the results of installation attempts.
14.3 Activation. The Software may require Customer to (a) obtain an Katachi Media ID, (b) activate or reactivate the Software, (c) register the software, or (d) validate the Membership. Such requirement may cause Customer’s Computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. Once connected, the Software will collect and transmit information to Katachi Media as further described at http://origamiengine.com/sla/oe-security/ (“Activation Terms”). Software or Customer may also receive information from Katachi Media related to Customer’s license, subscription, or Membership. Katachi Media may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license, subscription, or Membership. Failure to activate or register the Software, validate the subscription or Membership, or a determination by Katachi Media 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 or Membership.
14.4 Deactivation. Customer may deactivate and uninstall the Software from its Computer in order to install and activate the Software on another Computer in accordance with this agreement (“Deactivation”) and as further described in http://origamiengine.com/sla/oe-security/. Deactivation requires Internet connectivity.
14.5 Use of Online Services. The Software may cause Customer’s Computer, without additional notice and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Customer’s access to content and services that are provided by Katachi Media or third parties as further described in Section 16.4 (Online Services). In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when Customer is offline.
14.6 Digital Certificates. The Software uses digital certificates (as described in Section 16.5) to help Customer identify downloaded files (e.g., applications and content) and the publishers of those files. For example, Origami Design uses digital certificates to help Customer identify the publisher of OEP packages. The Katachi Media Origami View iPad application also uses digital certificates to validate certified OEP documents. Customer’s Computer may connect to the Internet at the time of validation of a digital certificate.
15. Peer-to-Peer Communications
The Software may use Customer’s connection to a local area network, without additional notice, to automatically connect to other Katachi Media software and, in doing so, may indicate on the local area network that it is available for communication with other Katachi Media software. These connections may transmit the IP Address of Customer’s connection to the local network.
16. Specific Provisions and Exceptions
This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, the terms stated in this section will supersede such other term or condition.
16.1 No Prejudice; European Economic Area Provisions; Australia Mandatory Notice.
16.1.1 This agreement will not prejudice the statutory rights of any party, including those dealing as consumers. For example, for consumers in New Zealand who obtain the Software for personal, domestic, or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act.
16.1.2 If Customer obtained the Software in the European Economic Area (EEA), Customer usually resides in the EEA and Customer is a consumer (that is its use of the Software is for personal, non- business related purposes), then Section 6 (Limited Warranty) does not apply to Customer’s purchase and use of the Software. Instead, Katachi Media warrants for a period of 2 years from purchase that the Software provides the functionalities set forth in the applicable user manual (the “agreed upon functionalities”) when used on the Compatible Computer. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT CUSTOMER USES ON A PRE-RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE, OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To make a warranty claim, Customer must notify the Katachi Media Customer Support Department during this 2 year period, providing details of proof of purchase of the Software. Katachi Media will verify with Customer whether there is a defect in the Software or advise Customer that the error arises because Customer has not installed the Software correctly (in which case, Katachi Media shall assist Customer). If there is a defect in the Software, Customer may request from Katachi Media either a refund or a repaired or replacement copy of the Software. Requests must be accompanied by proof of purchase. In the event Customer’s warranty details are substantiated, Katachi Media will meet Customer’s request for repaired or replacement Software, unless it is not reasonable for Katachi Media to do so, in which case Katachi Media will provide Customer with a refund. For warranty assistance, please contact the Katachi Media Customer Support Department.
Please note that the provisions of Section 8 (Limitation of Liability) will continue to apply to any damages claims Customer makes in respect of its use of the Software. Nonetheless, Katachi Media shall be liable for direct losses that are reasonably foreseeable in the event of a breach by Katachi Media of this agreement. Customer is advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the Software and its computer data.
This agreement, and in particular this Section 16.1.2, is intended to describe Customer’s rights (including its statutory rights) in the event there should be problems with its use of the Software. If Customer’s statutory rights are greater than this description, its statutory rights shall apply.
16.1.3 Nothing included in this agreement (including Section 4.4) shall limit any non-waivable right to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located in the European Union (EU), Customer may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and Customer has first asked Katachi Media in writing to provide the information necessary to achieve such operability and Katachi Media has not made such information available. In addition, such decompilation may only be performed by Customer or someone else entitled to use a copy of the Software on Customer’s behalf. Katachi Media has the right to impose reasonable conditions before providing such information. Any information supplied by Katachi Media or obtained by Customer, as permitted hereunder, may only be used by Customer for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of Katachi Media or its licensors.
16.1.4 If Customer obtains the Software in Australia, then the following provision shall apply, notwithstanding anything stated to the contrary in this Agreement:
NOTICE TO CONSUMERS IN AUSTRALIA:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our software products also come with a 90-day limited warranty given by Katachi Media Incorporated as set out in the Agreement. If your products do not provide the general features and functions described in the User Documentation in the 90-day period after delivery to you, please call the Katachi Media Customer Support Department at email@example.com with details of your product, serial number, and proof of purchase. You may be required to return the software product to the address we provide to you at the time, in which case such return will be at your own cost. The benefits under this warranty are in addition to other rights and remedies that you may have at law.
16.2 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (“Pre-release Software”), then this section applies. The Pre-release Software does not represent final product from Katachi Media, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Katachi Media may never commercially release the Pre-release Software. If Customer received the Pre-release Software pursuant to a separate written agreement, such as the Katachi Media Incorporated License Agreement for Pre-release Software, then Customer’s use of the Software is also governed by such agreement. Customer will promptly return or destroy all copies of Pre-release Software upon the earlier of Katachi Media’s request or upon Katachi Media’s commercial release of such Software. CUSTOMER’S USE OF PRE-RELEASE SOFTWARE IS AT ITS OWN RISK. SEE SECTIONS 6 AND 8 FOR LIMITED WARRANTY AND LIABILITY LIMITATIONS RELATED TO PRE-RELEASE SOFTWARE.
16.3 Educational Software Product. If the Software is Educational Software Product (Software manufactured and distributed for use only by Educational End Users), Customer is not entitled to use the Software unless Customer qualify in its jurisdiction as an Educational End User. Please visithttp://origamiengine.com/sla/oe-edu/ to learn about eligibility.
16.4 Online Services.
16.4.2 Provided by Third Parties. The Software may facilitate Customer’s access to websites maintained by third parties offering goods, information, software, and services (“Third Party Online Services”). Customer’s access to and use of any Third Party Online Services is governed by the terms, conditions, disclaimers, and notices found on such site or otherwise associated with such Third Party Online Services. Katachi Media does not control, endorse, or accept responsibility for Third Party Online Services. Any dealings between Customer and any third party in connection with a Third Party Online Service, including such party’s privacy policies and use of Customer’s personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Customer and such third party. Third Party Online Services might not be available in all languages and Katachi Media may, at any time and for any reason, modify or discontinue the availability of any Third Party Online Service.
16.4.3 EXCEPT AS EXPRESSLY AGREED BY KATACHI MEDIA OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, CUSTOMER’S USE OF KATACHI MEDIA ONLINE SERVICES AND THIRD PARTY ONLINE SERVICES IS AT ITS OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.
16.5 Font Software. If the Software includes font software:
16.5.1 Customer may use the font software with the Software on Computers as described in Section 2 and output the font software to any output device(s) connected to such Computer(s).
16.5.2 If the Permitted Number of Computers is five (5) or fewer, Customer may download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such Computers for the purpose of having the font software remain resident in such output device, and of one more such output device for every multiple of five represented by the Permitted Number of Computers.
16.5.3 Customer may embed copies of the font software into its electronic documents for the purpose of printing, viewing, distributing, and editing the document. No other embedding rights are implied or permitted under this license.
16.6 OEP, OED, OET, OES, OEW Features. If the Software includes Origami Engine or Origami Engine Pro certain features within the above software, then this Section 16.8 shall apply.
16.6.1 Additional Definitions.
188.8.131.52 “Deploy” means to deliver or otherwise make available, directly or indirectly, by any means including but not limited to a network or Internet, a Compromised Document to one or more recipients.
184.108.40.206 “Compromised Document” means a OEP file manipulated by to enable the content contained in the document to accessible without the use of Origami Engine software on the desktop or mobile platforms.
16.6.2 The Software may include enabling technology that allows Customer to enable OEP documents with certain features through the use of a digital credential located within the Software (“Key”). Customer agrees not to access, attempt to access, control, disable, remove, use, or distribute the Key for any purpose.
16.7 Origami Edit. Subject to the Origami Edit software end user license agreement accompanying such software, Customer shall not connect to the Origami Edit software unless Customer has purchased a license to connect to such Origami Edit software for each individual who may connect to such Origami Edit software; provided, however, that trial versions of Origami Design software may install and connect to the Origami Edit software in accordance with the Origami Edit software end user license agreement.
16.8 Apple. If the Software is downloaded from the Apple iTunes Application Store (“App”), then Customer acknowledges and agrees to the following additional terms: (a) Apple has no liability for the App and its content; (b) Customer’s use of the App is limited to a non-transferable license to use the App on any iPhoneTM, iPadTM or iPod TouchTM that Customer owns or controls as allowed by the Application Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services for the App; (d) to the extent permitted by applicable law, Apple has no warranty obligation to the App and Katachi Media will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement; (e) Apple is not liable for any claims relating to the App or Customer’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal requirement; and (iii) consumer protection claims; (f) Apple is not liable for any third-party claims that the App infringes a third party’s intellectual property rights; and (g) Apple and its subsidiaries are third party beneficiaries of this Agreement with respect to any such App, and that Apple will have the right to enforce the Agreement against Customer as a third party beneficiary.
If you have any questions regarding this agreement or if you wish to request any information from Katachi Media, please contact us at firstname.lastname@example.org.
The name of this Software, Katachi Media, Origami Engine, Origami Engine Pro, Origami Design, Origami Edit, Origami View, Origami Cloud, Origami Xchange and all related titles and logos are either registered trademarks or trademarks of Katachi Media Incorporated in the United States and/or other countries. All other trademarks are the property of their respective owners.
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