Terms & Conditions

IMPORTANT: THIS END USER LICENSE AGREEMENT (or "EULA") IS A LEGAL EULA BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND CATAPHORA. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS EULA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND THE CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE.

THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY CATAPHORA HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

1. Definitions
(a) "Digital Mirror™" means the software program you are downloading from the Digital Mirror website and installing on your computer.

(b) "Cataphora" means Cataphora, Inc. and its licensors, if any.

(c) "Digital Mirror Output Reports" means charts, reports, analysis and any other reporting mechanism regardless of its form that is generated by the Digital Mirror Software program as it is applied to your data.

(d) "Measurement collection/Statistical debugging requirements" means Cataphora ability to collect measurement data from the Digital Mirror Output Reports as applied to your data.

(e) "Anonymized data" means data collected from users.

(f) "Software" means only the Cataphora software program(s) and third party software programs, in each case, supplied by Cataphora herewith, and corresponding documentation, associated media, any files created by Digital Mirror, printed materials, and online or electronic documentation. Any updates to such Software which you are entitled to receive and that has been provided to you by Cataphora shall also mean Software for purposes of this EULA.

2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:

(a) The grant is dependent on your acceptance of allowing Cataphora the ability to collect measurement data from the Digital Mirror Output Reports as applied to your data.

(b) Your license rights under this EULA are non-exclusive.

3. License Restrictions
(a) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

(b) You may not modify the Software or create derivative works based upon the Software.

(c) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

(d) You shall not use the Software to develop any product having the same primary function as the Software.

(e) Digital Mirror Software may not be used for, or distributed to, any party for any commercial or non-commercial purpose.

(f) In the event that you fail to comply with this EULA, Cataphora may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

(g) You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Digital Mirror Software or any part thereof.

(h) You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Digital Mirror Software or any part thereof except to the extent permitted by law.

(i) Any and all intellectual property rights in the Digital Mirror Software are, and shall remain, the exclusive property of Cataphora Inc. Nothing in this EULA intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you.

(j) You agree that you will not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and/or Cataphora's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

(k) You shall not use Digital Mirror Output Reports and Digital Mirror Software for commercial use unless authorized by Cataphora. Permission should be requested before any such use can be initiated.

4. Measurement collection/Statistical debugging requirements
Cataphora will be collecting statistical and/or numerical metadata to be primarily used to improve the user experience and may be used for other internal purposes. No actual user data will be stored or collected in any way. Cataphora reserves the right to use the measurement and debugging data in the following included (but not limited to) situations:
  • Internal or external training purposes
  • Product testing and development
  • Marketing and PR material
  • Sales cycles

5. Upgrades
Cataphora, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Digital Mirror Software. Cataphora has no obligation to make available to you any subsequent versions of the Digital Mirror Software. You may have to enter into a renewed version of this EULA, in the event you want to download, install or use a new version of the Digital Mirror Software.

6. Ownership
The foregoing license gives you limited license to use the Software. Cataphora retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Cataphora and its suppliers.

7. LIMITED WARRANTY AND DISCLAIMER
(a) CATAPHORA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS."

(b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE, CATAPHORA DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. CATAPHORA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. CATAPHORA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CATAPHORA, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

(e) (Outside of the USA) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

8. Exclusive Remedy
Your exclusive remedy under the preceding is to uninstall the Software. Cataphora shall have no responsibility if the Software has been altered in any way, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.

9. LIMITATION OF LIABILITY
(a) CATAPHORA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CATAPHORA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) (Outside of the USA) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

(c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.

10. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the EULA between Cataphora and you. Cataphora would not be able to provide the Software free without such limitations.

11. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

12. Third Party Software
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are described hereafter and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

The following third party software is used in Digital Mirror:
13. General
This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in San Francisco County, California or the federal courts in the Northern District of California to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

This EULA contains the complete EULA between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous EULAs or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Cataphora to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, then that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

All questions concerning this EULA shall be directed to: Cataphora, 1200 Bridge Parkway Redwood City, CA 94065-1159, Attention: Neji Dhakouani, Legal Counsel.

Cataphora and other trademarks contained in the Software are trademarks or registered trademarks of Cataphora, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Cataphora's name or any of their respective trademarks.

Copyright ©2004 - 2010 Cataphora Inc. All Rights Reserved.

 
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