Copyright © 2012 Artisteer (www.artisteer.com)
BY DOWNLOADING AND/OR USING THIS SOFTWARE DEVELOPMENT KIT YOU AGREE TO THE FOLLOWING LICENSE:
Whenever capitalized in this Agreement:
"You" and "Licensee" refers to the person, entity or organization which is downloading and/or using the Software Development Kit from www.artisteer.com website, and any successor or assignee of same.
"This Agreement" refers to this license Agreement, and terms and conditions specified herein.
“Documentation” means any technical or other specifications or documentation that Aristeer may make available or provide to You relating to or for use in connection with the SDK.
“Software Development Kit (SDK)” refers to the Documentation, software (source code and object code), applications, sample code, tools, libraries, APIs, data, files, and materials provided or made available by Artisteer for use by You in connection with Your Export Plug-in development, and includes any Updates that may be provided or made available by Artisteer.
"Artisteer" refers to Artisteer application, the website www.artisteer.com, its owner, and its successors, or owner of this SDK.
After reading this Agreement carefully, if you (Licensee) do not agree to all of the terms of this Agreement, you may not download or use this Software Development Kit. Your download or use of this Software Development Kit indicates your acceptance of This Agreement. All updates to the Software Development Kit provided by Artisteer shall be considered part of the Software Development Kit and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software Development Kit, in which case by installing such update Licensee accepts the terms of the Agreement as changed. If you do not wish to agree to the terms of this Agreement, do not use Artisteer Software Development Kit.
1.1 The Software Development Kit is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. Artisteer may make changes to the Software Development Kit at any time without notice, but is not obligated to support or update the Software Development Kit.
1.2 Except as otherwise expressly provided, Artisteer grants no express or implied right under Artisteer patents, copyrights, trademarks, or other intellectual property rights.
2.1 You are authorized to clone, modify and distribute the provided source code examples. You can use the build-in Artisteer Plugins source code to create your own Artisteer Export Plugins.
3.1 You may use Artisteer SDK to create Export Plug-ins intended for personal, nonprofit or commercial purposes.
4.1 You may distribute Export Plug-ins from the Artisteer Marketplace or from Your website. 4.2 Artisteer charges comission for selling Export Plug-ins from Artisteer Marketplace. The comission is 30% of the Plug-in price. Artisteer does not charge comission for non-commercial Export Plug-ins distributed from Artisteer Marketplace.
5.1 THE SOFTWARE DEVELOPMENT KIT IS PROVIDED AS IS AND ARTISTEER DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE DEVELOPMENT KIT, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 This Agreement terminates immediately if you violate the terms of This Agreement.
6.2 You agree that monetary damages alone is not an adequate and just relief resulting from any breach of This Agreement, that a court order prohibiting any further breach of This Agreement may be issued to prevent further damages, and that you will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Artisteer in the event of a breach of This Agreement.
6.3 Artisteer shall not be required to notify you of any breach, nor make any demand or claim against you resulting from any such breach, or a demand to stop any use or distribution in violation of the terms of This Agreement, and you agree that any breach of This Agreement and damages resulting therefrom shall relate back to the first and earliest breach thereof.
6.4 Failure of Artisteer to enforce its rights pursuant to This Agreement shall not constitute a waiver of such rights, and shall not prejudice Artisteer in any later enforcement of its rights or rights to seek damages therefrom.
7.1 This document is a preliminary Agreement between You and Artisteer relating to the Licensed Software Development Kit.This license Agreement may be further modified by Artisteer. Some terms of this Agreement may be added or removed.
8.1 The Agreement shall be governed by the laws of the State of Nevada.
8.2 Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall be brought only in a state or federal court of competent jurisdiction located in Clark County, Nevada. The parties hereby consent to the personal jurisdiction of such courts.
Created May 22 2012