Comapping Components End–User License Agreement

(Last updated May 7, 2009)

By downloading, installing or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement.

IMPORTANT — READ CAREFULLY: This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Comapping A/S., ("COMAPPING"), for the software containing this LICENSE which may also include the software’s source code written in a high–level computer language, associated media, printed materials, and "online" or electronic documentation (collectively referred to as "SOFTWARE").

Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. COMAPPING retains all rights not expressly granted to you in this LICENSE.

I. GRANT OF LICENSE

COMAPPING hereby grants to you, and you accept, a non–exclusive, non–transferable license to install, copy, use and modify the SOFTWARE only as authorized below. You are granted a Developer License pursuant to Section 1 below.

This license grants you no rights to the "2007 Microsoft Office System User Interface". For an appropriate license, please, contact Microsoft directly.

1. DEVELOPER LICENSE

The SOFTWARE is licensed per Developer seat. This means that each individual using or otherwise accessing the SOFTWARE for development purposes must obtain the right to do so by purchasing an individual product license.

You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same licensed developer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer for development purposes. If you install the SOFTWARE on a network server for the sole purpose of internal distribution among licensed developers this is not considered "use" of the SOFTWARE, so long as each individual developer has purchased a license.

1.1.Redistribution rights:

You may distribute the SOFTWARE (or, where applicable, the run–time portion of the SOFTWARE) provided that:

  • You distribute the SOFTWARE, in object code form only, as part of solutions for internal company use, hosted applications, commercial solutions deployed at end–users’ sites or shrink–wrapped software (PACKAGED PRODUCTS) in which the SOFTWARE is integrated.
  • You ensure that the SOFTWARE is not distributed in any form that allows it to be reused by any application other than your solution. Technical guidelines will be provided upon request, please contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it for more details.
  • You duly inform your customers that they are not allowed to use the SOFTWARE independently from your solution. For use of the SOFTWARE in design–time (i.e. within a development environment such as Microsoft Visual Studio) your customers need to purchase the appropriate number of Developer Licenses from COMAPPING.
  • You include a valid copyright message in your solution in a location viewable by the end–users (e.g. "About" box).
  • You assume full responsibility for your customer’s use of the SOFTWARE and must ensure that COMAPPING has no obligation to such customer or liability for such customer’s use of the SOFTWARE.

All product licenses granted by you to your end user customers in accordance with the terms of this agreement are perpetual and royalty–free.

1.2.Support:

As part of your Developer License you are entitled to use COMAPPING’s email support for a period of 1 (one) year, which guarantees an initial response to (but not necessarily a complete resolution of) your issue within seventy two (72) hours during business days.

1.3.Source Code:

As part of the DEVELOPER LICENSE you are granted the right to view and modify the parts of SOFTWARE's source code only as authorized below:

  • The SOFTWARE's source code is provided to the licensed developer for the sole purposes of education and troubleshooting related to the use and integration of the SOFTWARE. The SOFTWARE's source code cannot be used as a basis of development of derivative works or other software products.
  • Under no circumstances may any portion of the SOFTWARE’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
  • COMAPPING DOES NOT provide technical support for modified source code.
  • The SOFTWARE’s source code is provided "AS IS".
  • In the event you develop any troubleshooting–related modifications of the SOFTWARE, either independently or jointly with COMAPPING, you hereby grant to COMAPPING a worldwide, irrevocable, perpetual, fully paid–up, unlimited license under any and all intellectual property rights you have in such modifications, to use, disclose, modify, reproduce, license, sublicense, distribute, commercialize and to otherwise freely exploit such modifications, directly or indirectly, without restriction of any kind.
  • You acknowledge that the SOFTWARE’s source code contains valuable and proprietary trade secrets of COMAPPING. All individuals employed by or belonging to your entity agree to expend every effort to insure its confidentiality. You agree to assume full responsibility for such employees’ or contractors’ use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on COMAPPING information, or approved in writing for release by COMAPPING without restriction.

II. LICENSE LIMITATIONS

  • At no time may the SOFTWARE be used for development purposes by individuals other than the licensed developer(s).
  • The SOFTWARE may not be distributed for use with solutions or PACKAGED PRODUCTS other than those developed by you.
  • You are not allowed to use the SOFTWARE to develop products or solutions competing with COMAPPING — including online collaborative mindmapping solutions.
  • You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights, other than to sublicense to end users the nonsublicensable, nontransferable right to use the SOFTWARE in object code form as part of your solution. Under no circumstances shall you grant further redistribution rights to the end–users of your solution.
  • You may not use the COMAPPING product names, logos or trademarks to market your software.
  • You are not allowed to reverse engineer or to disassemble, decompile or "unlock", decode or otherwise reverse translate or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only, subject to applicable law to the contrary.
  • You are not allowed to use, copy, modify, or merge copies of the SOFTWARE or any accompanying documents except as permitted in this LICENSE.
  • As a condition to the exercise or your redistribution rights, you agree to indemnify, hold harmless, and defend COMAPPING and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software.

III. DELIVERY

COMAPPING shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic format only. Documentation shall also be provided in electronic format.

IV. UPDATES

You are entitled to receive all service packs and minor version updates for the SOFTWARE for a period of 1 (one) year. You may use the resulting upgraded product only in accordance with the terms of this LICENSE.

Major version upgrades are subject to separate upgrade policies for each individual version. Such a policy is made publicly available once a related version upgrade is released.

V. TERMINATION

This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. COMAPPING may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE and any applicable source code.

COMAPPING reserves the right to discontinue at any time any product, whether it is offered individually or as a part of a product suite. However, COMAPPING will fulfill any contractual obligations to provide support for discontinued products that exist as of the date of discontinuation.

VI. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of COMAPPING are owned by COMAPPING or its licensors unless explicitly stated otherwise. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.

VII. LIMITED WARRANTY

COMAPPING warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying user documentation a period of ninety (90) days. COMAPPING does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) LICENSEE's failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the SOFTWARE by any person or entity other than COMAPPING. In the event of a breach of warranty, LICENSEE 's sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose, LICENSEE 's sole remedy and COMAPPING's maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only. This limited warranty is only valid if COMAPPING receives written notice of breach of warranty no later than thirty (30) days after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS LICENSE, COMAPPING DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

VIII. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMAPPING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, COMAPPING'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO COMAPPING FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. COMAPPING IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM COMAPPING IS FOR TESTING USE ONLY AND COMAPPING HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF COMAPPING'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.

IX. MISCELLANEOUS

This License will be governed by the law of Denmark, without regard to the conflict of laws principles thereof. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENSE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

This License represents the entire understanding between the parties with respect to its subject matter.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN COMAPPING AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.