OriginLab EULA for Origin 2017 and/or OriginPro 2017
This End-user License Agreement (EULA) is a binding legal agreement between you (either an individual or an entity) and OriginLab. This EULA relates to Origin.2017 and/or OriginPro 2017 (the "Software"), including any update or replacement version.
BY DOWNLOADING, INSTALLING, COPYING, OR USING THE LICENSED PRODUCT, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. If you do not agree to the terms of this EULA, do not download, install or use the Software.
Any person accepting this EULA on behalf of a legal entity warrants that he or she has the authority to bind such entity.
1. If you select the "Evaluation" Version
This Section of this EULA only applies if you download or have opted to install an "evaluation" version of the Software (the "Evaluation Version").
a. Evaluation Term: Your license for the Evaluation Version will be in effect for a set amount of time (the "Evaluation Period"). The Evaluation Period will be assigned to your copy of the Software by the terms on the OriginLab website, by the Evaluation Version itself, or by means of a code emailed from OriginLab.
b. Time-Out Mechanism, Functionality: The Evaluation Version has an automated system that will cause it to "time-out" (cease working) after the Evaluation Period expires. You agree not to circumvent or defeat this system and to cease all use of the Evaluation Version after the end of the Evaluation Period.
c. License for Evaluation Use: OriginLab grants you a non-transferrable license to use the Evaluation Version for testing and evaluation use only and only during the Evaluation Period. You are not permitted to use the Evaluation Version for productive use.
d. Functionality Limitation: You acknowledge that the Evaluation Version may have reduced functionality when compared to the Software that is subject to a purchased license.
e. Disclaimer: The Evaluation Version is licensed to you "AS IS" and "WITH ALL FAULTS." YOU ASSUME THE ENTIRE RISK OF ALL USE OF THE EVALUATION VERSION COVERED BY THIS EULA. OriginLab will not be liable to you for any amount of monetary damages with regard to the Evaluation Version.
Excluded Sections of this EULA: The terms of this EULA below apply to an Evaluation Version, except for the sections entitled: "Grant of License," "Automation Server Installations," "Maintenance and Support and National Limitations," "Rules for Software Developers," "60-Day Right to Return," "Transfer Limitations," "Limited Warranty," and "Remedies and Limitations." In case of a conflict between this Section and any other section of this EULA with regard to an Evaluation Version, this Section shall govern.
With regard to versions of the Software other than an Evaluation Version, the following terms apply in their entirety:
2. Grant of License
Subject to the terms and conditions of this EULA and in exchange for your payment of applicable fees, including applicable taxes, OriginLab grants you a non-exclusive license to use the Software in accordance with the following terms. The license, and this EULA, are limited by any limitations stated in this EULA, the OriginLab or other license purchase website terms or emails sent to in connection with your licensing of the Software, including additional usage and time limitations. You will agree not to circumvent or defeat any Software mechanisms that control, limit, or restrict Software installation or use in any way. Except as otherwise stated herein, all Software license rights are for your internal use only.
a. Node Locked License
If you purchased a Node Locked License, OriginLab grants you permission to install and use the Software on computers within your organization within one site only. The maximum number of computers you may run the Software at such site on is determined by your purchase order. The applicable definition and any additional terms for a "Node Locked License" are found on the OriginLab website at www.originlab.com/license_types.
b. Student Version
If you purchased a Student Version License for the Software, OriginLab grants you permission to install and use the Software on one (1) designated computer for use by one (1) designated student user, where the designated computer must be personally owned by the designated student user. The applicable definitions and any additional terms for a "Student Version License" are found on the OriginLab website at www.originlab.com/license_types.
c. Concurrent Network License
If you purchased a Concurrent Network License, the number of licenses in use at one time will be limited to the number of licenses specified at the time of purchase by OriginLab in writing, or as OriginLab otherwise agrees in writing. Your client computer installations may be unlimited provided that all of the computers that the Software is installed on are connected to a single network within and for use in a single site. The licensed Software can be accessed at any computer in such site on your network using your login procedure. Access will be managed by the included license management software. You agree not to circumvent or disable the license management software. The applicable definition and any additional terms for a "Concurrent License" are found on the OriginLab website at www.originlab.com/license_types.
d. Single User Dongle License
If you purchased the Single User Dongle License, OriginLab grants permission for one (1) user to use the Software on computers within your organization and within one site only. The applicable definition and any additional terms for a "Single User Dongle License" are found on the OriginLab website at www.originlab.com/license_types.
e. Multi-user Dongle License
If you purchased the Multi-User Dongle License, OriginLab grants permission for the number of users equivalent to the number of dongles purchased, to use the Software on computers within your organization and within a single site. The applicable definition and any additional terms for a "Multi-User Dongle License" are found on the OriginLab website at www.originlab.com/license_types.
3. Automation Server Installations
When accessing Origin and/or OriginPro as an automation server, the following restrictions apply:
a. The maximum number of users permitted to access Origin and/or OriginPro should not exceed three (3) times the number of users permitted to use the Software.
b. Access to Origin and/or OriginPro as an automation server should not be allowed on a public network or the Internet unless explicit written permission has been granted by OriginLab.
c. A customer may not use Origin and/or OriginPro as an automation server to develop any commercial product or service with functionality in competition with Origin and/or OriginPro. OriginLab reserves the right to make a reasonable determination regarding whether such product or service is in competition with Origin and/or OriginPro. In such case, OriginLab may, in its discretion, terminate the Origin and/or OriginPro licenses to the customer, and/or require that customer permanently cease distribution of the competing product or service.
4. Maintenance and Support and National Limitations
Each Software license includes maintenance and support solely as stated in the applicable “OriginLab Technical Support Policy” at www.originlab.com/support_policy or as otherwise agreed in a written support and maintenance agreement with OriginLab.
Unless special arrangements have been made with OriginLab in writing, each license to the Software includes warranty service (as provided for in this EULA) only with regard to your use within the country where the license was purchased (which will be determined by the license seller’s location).
In addition, unless special arrangements have been made with OriginLab in writing, Annual Maintenance Service for the licensed Software will only be made available (under a separate agreement and/or additional written terms with OriginLab) in the country where the license was purchased. The applicable definition of “Annual Maintenance Service” and current applicable pricing is found on the OriginLab website at www.originlab.com/support_policy.
5. Rules for Software Developers
If you are developing and distributing applications for use with the Software, you may use the Software under this license for internal development only. You may not distribute or sublicense any Software to any third party under this EULA. Developers should direct each client to contact OriginLab to obtain the client's own license or licenses to the Software. You also agree not to use the OriginLab name, logo, or trademarks to market or promote your application without first receiving written permission from OriginLab.
If you develop applications for use with the Software, you further agree to indemnify, hold harmless, and defend OriginLab and its suppliers from and against any claims or lawsuits asserted against OriginLab or its employees, officers or directors that arise or result or are alleged to arise or result from any distribution or use of such an application and from any fees, damages, costs or losses arising from such claims or lawsuits.
6. 60-Day Right to Return
With regard to each Software license purchase, you have the right to return the particular Software for credit or refund of the license purchase price for sixty (60) days from the date of license purchase.
In the case of electronic purchases, refund requires proof acceptable to OriginLab that the Software has not been used or has been fully uninstalled. If you have licensed the Software in the form of software media (e.g. DVD), you must return the software media, uninstalled, with all accompanying items (including printed materials or any packaging) to the place you purchased your license. OriginLab reserves the right to require other or different proofs or procedures for returns.
After the end of such sixty (60) day period, your license purchase is permanent, and may not be returned for credit or refund.
7. Other Copies
OriginLab grants you the right to make one archival copy of the Software for the sole purpose of backing up the Software. You may only copy any printed materials accompanying the Software for your internal use.
8. Transfer Limitations
Transfer of this EULA (including the license granted herein) to a third party is permitted only as stated in OriginLab’s EULA Transfer Policy, as it may be in effect from time to time or as expressly permitted by OriginLab in writing. Information regarding this policy is found on the OriginLab website at www.originlab.com/transfer_policy.
No other transfer of the Software or this EULA is permitted.
9. System Transfer Limitations
If you purchased the Node Locked License, you are allowed license transfers from one of your computers to another as long as the Software license transfer is, in each case, successfully completed from the Software's license deactivation/activation tool. Otherwise, whether and under what conditions transfers between your computers are permitted is as stated in OriginLab’s applicable EULA Transfer Policy found on the OriginLab website at www.originlab.com/transfer_policy.
Failure to comply with any of these terms will terminate this EULA and your license to use the Software. You may also choose to terminate this EULA at any time. Upon termination of this EULA, you must immediately destroy the Software and all copies of it.
11. Intellectual Property
The Software and all rights thereto (including, without limitation, any images, "applets," photographs, animations, video, audio, and text incorporated into the Software), together with the documentation, are owned by OriginLab or its licensors and is protected by United States intellectual property laws and international treaty provisions. You will not reverse engineer or decompile the Software. No service bureau or cloud service offering use is permitted. You agree not to use or copy the Software except as expressly stated herein.
12. Limited Warranty
OriginLab warrants that the Software will perform substantially in accordance with the accompanying printed materials for a period of sixty (60) days from the date of purchase. Any implied warranties on the Software are limited to sixty (60) days. Some states/jurisdictions may not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
13. Remedies and Limitations
In case of breach of the Limited Warranty stated above, OriginLab's entire liability and your exclusive remedy shall be, at OriginLab's option: (a) return of the price paid and termination of the license or (b) repair or replacement of the Software that does not meet OriginLab's limited warranty. OriginLab reserves the right to require you to provide a copy of your hard copy or electronic receipt within the warranty period, as a condition of this remedy. This limited warranty is void if any error or failure of the Software has resulted from accident, abuse, misuse, or improper application. Any replacement of the Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Under no circumstance may OriginLab's aggregate liability in connection with the Software or this EULA or otherwise exceed the license fees paid for the Software.
14. No Other Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORIGINLAB DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
15. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall OriginLab or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or for loss of data or business information) even if OriginLab has been advised of the possibility of such damages.
16. U.S. Government License Rights
All Software provided to the U.S. Government is provided with the commercial license rights and restrictions described in this EULA.
This EULA is subject to the laws of the Commonwealth of Massachusetts and US federal law. You agree to the exclusive jurisdiction and venue for any dispute arising from the Software or this EULA or its subject matter in the state and federal courts located in Boston, Massachusetts USA. You agree to comply with US export controls as applicable. Online materials and terms on the OriginLab website referred to in this EULA are subject to change without notice. You warrant that information that you provide or have provided in connection with obtaining your license or with this EULA is accurate. This EULA may otherwise only be modified by a writing signed by an authorized officer of OriginLab. Updates to the Software that OriginLab may provide, if any, will be licensed to you under these terms unless otherwise stated by OriginLab, but OriginLab reserves the right to license them under additional or different terms. This is the entire agreement between OriginLab and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. Should you have any questions concerning this EULA please contact the OriginLab authorized distributor serving your country, write OriginLab at One Roundhouse Plaza, Northampton, MA 01060-4401 USA, Phone: +1-413-586-2013.