SmartDraw End User License Agreement
C. YOU MAY NOT:
- install, use, distribute or copy the Product except as expressly permitted in this License.
- translate, reverse engineer, decompile, or disassemble the Product, except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions.
- sell, transfer, rent, lease or assign the Product, or allow any third party to benefit from or access the Product on a "service bureau," hosted application, or similar basis.
- modify the Product, merge the Product as part of any other product or collection of products, or create derivative works derived from the Product or any component thereof, without the prior written consent of SmartDraw.com.
- use the Product, or any of its components, to create any product that competes with the Product or any of its components.
- transfer the Product or your rights under this License to someone else.
- permit others to perform any of the activities restricted by this Paragraph C.
If you violate subsections 6 and/or 7 of this section you agree to the following: (a) You will indemnify SmartDraw.com for its lost profits due to re-sale of the Product or a copy or copies of the Product by a third party; and (b) You will pay liquidated damages in the amount of $100,000 to SmartDraw.com.
In addition, in no event do we authorize you or anyone else to use the Product in applications or systems where the Product's failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. The Product is not fault-tolerant and is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you agree to defend, indemnify and hold SmartDraw.com, and its principals, shareholders, officers, employees, affiliates, contractors, affiliates, and licensors, harmless from any and all claims or losses relating to such unauthorized use.
D. TERM:
If you purchased a "Freedom" site license, your license to use the Product is for a limited time period, as specified on your Sales Order. If you purchased a Single User License, a Multi-Seat License, a Workgroup Concurrent User License, or a Student Edition License, the license term is perpetual. In all events, your rights regarding the Product under this License shall remain in effect only as long as you are in full compliance with the terms and conditions of this License and the Sales Order, and shall terminate automatically if you fail to comply with any such terms or conditions. If SmartDraw.com determines you have installed more copies than your license covers, or your license has been violated in other ways, SmartDraw.com may disable such unlicensed or violated installations. You agree, upon termination, to destroy or return to SmartDraw.com all copies of the Product received, made or used by you in connection with this License. Paragraphs D, E, F, G and H and your indemnity obligations hereunder shall survive the expiration or termination for any reason of this Agreement.
E. OWNERSHIP:
All patents, copyrights, trademarks, trade secrets and other intellectual property and other proprietary rights in the Product are and shall remain in SmartDraw.com or its licensors. The source code of the Product and all information regarding the design, structure or internal operation of the Product are valuable trade secrets of SmartDraw.com or its licensors ("Confidential Information"). To the extent, if any, to which you learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information. The restrictions set forth in this Paragraph E do not apply to information that was publicly known prior to the time you received it, or which becomes known to you through no violation of any obligation of confidentiality on the part of you or any third party. SmartDraw makes use of GNU GhostScript, an open-source interpreter for the PostScript language and the PDF file format. It is distributed under the GNU General Public License. You may obtain the source code for GNU GhostScript from
http://www.gnu.org/software/ghostscript/ghostscript.html.
You shall ensure that any copies of the Product that you make or have made pursuant to this License bear all copyright and other proprietary notices contained in or affixed to the copy or copies of the Product as created and packaged by us. All rights of any kind in the Product that are not expressly granted in this License are entirely and exclusively reserved to SmartDraw.com or its licensors.
F. SERIAL NUMBER:
This License has a unique serial number, which is Confidential Information. Publishing this serial number or disclosing it to any third party will be deemed a material breach of this License.
