Last updated 10 September 2019
Please carefully read the following legal agreement (“agreement”) for the license of the Adobe Illustrator plugin and Astute Manager installation and activation products (“software”) published by Astute Graphics Limited. By installing the software, you (either an individual or a single entity) consent to be bound by and become a party to this agreement. If you do not agree to all of the terms of this agreement, do not proceed any further with your installation.
- License to use. Subject to the payment of any applicable license fees, and subject to the terms and conditions of this agreement, Astute Graphics Limited hereby grants to you a non-exclusive, non-transferable right to use the specified software on any computer, operating system, and by any operator within a legal entity, provided that the total number of concurrent users never exceeds the number of purchased licenses. Any abuse, illegal activity or public distribution of the software license key will result in the termination of this agreement.
- Term. This agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this agreement, you must destroy all copies of the software and the documentation. You may terminate this agreement at any point by destroying all copies of the software and the documentation.
- Ownership rights. The software is protected by copyright laws of England and Wales and international treaty provisions. Astute Graphics Limited and its suppliers own and retain all right, title and interest in and to the software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the software does not transfer to you any title to the intellectual property in the software, and you will not acquire any rights to the software except as expressly set forth in this agreement.
- You may not rent, lease, loan, sublicense or resell the software. You may not permit third parties to benefit from the use or functionality of the software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this agreement. You may not reverse engineer, decompile, or disassemble the software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the software in whole or in part. You may not remove any proprietary notices or labels on the software. All copies must contain the same proprietary notices that appear on and in the software. All rights not expressly set forth hereunder are reserved by Astute Graphics Limited.
- Warranty and disclaimer.
- Astute Graphics Limited’s and its suppliers’ entire liability and your exclusive remedy for any breach of the foregoing warranty shall be the return of the purchase price paid for the license, if any. Refer to our Terms & Conditions for details on refund eligibility.
- Warranty disclaimer. Except for the limited warranty set forth herein, the software is provided “as is” to the maximum extent permitted by applicable law, Astute Graphics Limited disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the software and the accompanying documentation. You assume responsibility for selecting the software to achieve your intended results, and for the installation of, use of, and results obtained from the software. Without limiting the foregoing provisions, Astute Graphics Limited makes no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet your requirements. Some legal jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
- Limitation of liability. Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Astute Graphics Limited or its suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, computer failure or malfunction, or for any and all other damages or losses. In no event will Astute Graphics Limited be liable for any damages in excess of the list price Astute Graphics Limited charges for a license to the software, even if Astute Graphics Limited shall have been advised of the possibility of such damages. Furthermore, legal jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
- Data Policy. By requesting or downloading or installing the software, you are hereby agreeing to the Astute Graphics Terms & Conditions, Privacy and Cookies policies.
- Jurisdiction. This agreement is governed by the laws of England and Wales and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be conducted into Courts of England and Wales. This agreement sets forth all rights for the user of the software and is the entire agreement between the parties. This agreement supersedes any other communications with respect to the software and documentation. This agreement may not be modified except by a written addendum issued by a duly authorized representative of Astute Graphics Limited. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Astute Graphics Limited or a duly authorized representative of Astute Graphics Limited. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The parties confirm that it is their wish that this agreement has been written in the English language only.
U.S. Government restricted rights. The Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Astute Graphics Limited, Penn House, 9-10 Broad Street, Hereford, HR4 9AP, England