I1 Profiler license agreement
I1 Profiler license agreement
- Subject: I1 Profiler license agreement
- From: Derek Lambert <email@hidden>
- Date: Sun, 10 Apr 2011 18:38:42 -0400
Did anyone read this?
You are not allowed to make and sell profiles if you are not at the end user site. You can't use internet for that. That also includes any other old xrite software you are upgrading from.
Also xrite has a right to audit your business to see if you use the software properly.
Read on:
PROFILE USE
Definitions:
For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below.
"Profile" means data stored in look-up tables for use in characterizing various input, display, and output devices. Profiles are generally used for providing transformations between well-defined color metrics and/or for device characterization and/or calibration.
“Educational Institute” means an (i) Accredited public or private school providing full-time instruction for grades K-12 and (ii) Accredited public or private university or college that grants degrees requiring not less than the equivalent of two (2) years of full-time study.
General. If the Software licensed to You pursuant to this Agreement includes functionality that supports and/or permits the creation of Profiles, then the license to access and use the Software set forth in this Agreement shall include a limited, nonexclusive license to use the Profiles created with the Software (“Licensed Profiles”), subject to the additional restrictions below.
Restrictions.
(a) You may use and permit use of each Licensed Profile for the specific input, display or output device owned and used by You for which the Licensed Profile was created;
(b) You may provide a Licensed Profile to one or more third parties for the limited purpose of proofing an image or publication, provided that the Licensed Profile (i) is embedded within an image or publication; or (ii) is sent to a service provider along with an image or publication for use exclusively with that image or publication;
(c) You may provide a Licensed Profile to a third party as part of Your profiling services for such third party only if:
(i) Such Licensed Profile is for personal use by such third party only on a specific input, display or output device owned by the third party for which the Licensed Profile was created;
(ii) Your profiling services are conducted on-site for the third party (i.e., physically at the third party’s facility) and not using any other method or communication technique, including but not limited to, Internet-based communications and/or services; and
(iii) The maximum number of Licensed Profiles provided to all third parties by You pursuant to this Agreement within a given calendar year does not exceed fifty (50) Licensed Profiles;
You specifically acknowledge and agree that nothing herein shall be deemed to permit You to provide Licensed Profiles to any third party for distribution with and/or in conjunction with the distribution, promotion and/or sale of, such third party’s or any other party’s input, display or output device.
(d) If You are an Educational Institute (as defined above) and/or a professional or trade association, such as standardization institute, You may provide a Licensed Profile to a third party for such third party’s own use or for distribution with such third party’s own products, provided such Licensed Profile is provided as part of your service to the public and for no consideration, and provided further that You and the third party clearly indicate in any material accompanying the Licensed Profile that the Licensed Profile was created using X-Rite Software [name the software].
(e) Except as expressly permitted in this Agreement, You may not Yourself or through any other person, do any of the following: (i) sell, license, sublicense, lease, rent, lend, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any Licensed Profile; (ii) allow any third party to use a Licensed Profile; or (iii) distribute to any third party a Licensed Profile in any way or form, whether by networks, electronic bulletin boards, web sites or otherwise. X-Rite may permit certain distribution rights under a separate written distribution agreement.
Best Regards,
Derek Lambert
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