ArgyllPRO ColorMeter End User License Agreement
DEFINITION OF TERMS
1. "App.", "Application", "the Software" or "product" means
the ArgyllPro ColorMeter Android application and any associated
software, files and documentation. "You" means the person or company
who is being licensed to use the Software. "We", "us", "our"
"the Company" or "CGTPL" means Computer Graphics Technology
Proprietary Limited ABN 52 126 492 466.
2. This EULA may be updated in newer versions of this application.
The EULA for each application version will be available at
http://www.argyllpro.com/ before you purchase or download it, as
well as being notified of a change to the EULA when you first run a
3. If you do not agree to all the terms of this license, please
immediately uninstall and remove all copies of the Software. If this
is a new purchase, request a refund from Google Play within their
specified time limits. If this is an update, re-install your
previously installed version of the Software.
4. CGTPL grant you one license to install and use the Software under
the Google account it has been purchased by. You may install the
Software on more than one Android device, but each licensed copy of
the Software may not be in use on more than one device at a time.
You may create backups of the Software but may not
circulate/distribute them in public.
5. The Software is protected by the copyright laws of Australia and
other countries, and we retain all Patent, Copyright and Trademark
rights in the Software. You may not separately publish, sell,
market, distribute, lend, lease, rent, or sublicense the Software
code or other assettes of the Application. However, this license is
not to be construed as prohibiting or limiting any fair dealing and
other exceptions permitted by the Copyright Act.
6. Any litigation to enforce or interpret the provisions of this
License Agreement or the parties rights or obligations arising out
of this License Agreement or the performance hereunder shall be
maintained only in the courts in Melbourne Australia or other court
of the Company's choosing, and the parties expressly consent to
personal jurisdiction in such courts.
7. We warrant that the Software will provide the features and
functions generally described in the product specification and
documentation on our website at the time of purchase, with the
exception of any errors or accidental omissions in the specification
and documentation. In particular the application is waranted to
function in a highly similar fashion to the ArgyllPRO ColorMeterDemo
application of the same application version, which you have had a
free opportunity to evaluate in depth and to your complete
satisfaction before purchasing the Software.
8. We will not track or collect any information about you, your
data, or your use of the Software except as you specifically
authorize, or volunteer to us in sending emails, debug logs, surveys
or similar. The Software will not download or install patches,
upgrades, or any third party software without your permission.
9. We do not warrant that the Software or your ability to use it
will be uninterrupted or error-free. To the extent permitted by
applicable law, we disclaim any implied warranty of merchantability
or fitness for a particular purpose.
10. The Software makes use of the Google Play Licensing Service, and
therefore will from time to time, check for a valid license using
the Google Play license server. The Software may not function until
such a time as it is able to contact the license server and confirm
that you have a valid license.
LIMITATIONS ON LIABILITY
11. Your exclusive remedy under the above limited warranty shall be,
at our option, either a full refund of the purchase price or
correction of the defective software. To the fullest extent
permitted by applicable law, we disclaim all liability for indirect
or consequential damages that arise under this license agreement.
12. If any part of this agreement is found to be invalid or
unenforceable, the remaining terms will stay in effect. This
agreement does not prejudice the statutory rights of any party
dealing as a consumer.
13. Any modification to this agreement must be agreed to in writing
by both parties.
14. This agreement will apply from the date of the installation of
15. You may terminate your License and this Agreement at anytime by
uninstalling and destroying all copies of the Software. CGTPL may
terminate your license immediately without notice to you for your
failure to comply with any of the terms set forth in this Agreement.
When you become aware of this termination, you must immediately
uninstall and destroy all your copies of the Software.