Home
Variety Card Design

ON-LINE STUDIO SOFTWARE LICENSE AGREEMENT (v.1)

Software License Agreement by and between Oberthur Card Systems Inc. 3150 East Ana Street, Rancho Dominguez, California 90221 (Licensor) and the end-user (Licensee).

Licensor hereby grants Licensee a revocable, non-exclusive and non-transferable license to use the On-Line Studio software application (“Software”) for internal use only in order to evaluate Licensor’s cards, designs and features. The Licensee agrees that the Software is protected by domestic and international laws of copyright and /or patent and the Licensee agrees not to:

  1. copy, distribute, transmit, sell, transfer, or otherwise make available the Software to third parties unless expressly authorized in writing by Licensor;
  2. alter, reverse engineer, decompile, disassemble (or otherwise attempt to discover the source code), down-load (change hardware formats) of the Software or any of its subcomponents; and
  3. rent, electronically distribute, share by interactive cable, remote processing services, micro-mainframe linkups or multi-user/local area network the Software unless otherwise agreed in writing with Licensor; and
  4. remove, alter, obliterate or mark any copyright, trademark or trade secret notice or legend as it appears in the Software; and
  5. reproduce or manufacture the Software.
Without prejudice to the generality of the foregoing Licensee agrees to assist Licensor, at Licensor’s expense, in protecting Licensor’s proprietary rights. Licensor retains all right, title and interest in and to the Software.

THE SOFTWARE IS PROVIDED “AS IS” AND LICENSOR HEREBY EXCLUDES ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF NEGLIGENCE AND ANY WARRANTIES OF NON-INFRINGEMENT.

LICENSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICES RELATED THERETO, OR FOR ANY LOST PROPERTY OR DATA OF LICENSEE. LICENSOR’S LIABILITY FOR DAMAGES TO LICENSEE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, STRICT TORT LIABILITY, PATENT MATTERS OR ANY OTHER THEORY, SHALL NOT EXCEED $1000.00 (ONE THOUSAND USD).

This Agreement will be governed by and construed in accordance with the laws of the State of California excluding the application of its conflicts of laws rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby specifically excluded. If any term, provision, or portions thereof, of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding, the remaining provisions of this Agreement shall remain in full force and effect.