EULA

Last Modified: Mar 13, 2021

This End-User License Agreement ("Agreement") hereby binds an individual, company, or other legal entity (“Customer” or “You”) and PlotDigitizer (plotdigitizer.com) ("Licensor" or “We”) into a legal agreement for the software.

The software is licensed, not sold. PlotDigitizer's offline software is commercial, and you have to purchase a license to use it, while the online software is free for online use. However, both, offline and online, are proprietary. You are not allowed to modify, distribute, or reverse-engineer either of the software programs.

The software (PlotDigitizer Pro) is also distributed via third-party channels as freely downloadable trial software. These copies are licensed as shareware. However, we take no responsibility for maintaining the genuineness and authenticity of these copies and are not liable for any damages or loss that occurred to end-users from these copies. We grant no rights and permissions to any third parties to resell or sublicense our software programs. The only way to purchase the license is via our website.

PlotDigitizer and all of its works, including, but not limited to, scripts, source codes, text, logos, images, graphics, vectors, artwork, design, audios, videos, offline software, website, and online software, are protected by copyright and intellectual property laws and treaties as well as by international copyright laws and treaties.

By downloading, installing, using, or accessing the software, you represent that you purchased the software from an approved source (plotdigitizer.com), and you agree to be bound by all the terms of the EULA.

If you, an individual, company, or other legal entity, are accepting these terms on behalf of another individual, company, or other legal entity, you agree and warrant that you have complete authority to bind that individual, company, or legal entity to this agreement.

If you do not agree to these terms:

1. do not download, copy, install, access, or use the software;
2. subsequently abort the installation or uninstall the software;
3. and promptly delete the software and its files.

Intellectual property and copyrights

Ownership: Title to the software, documentation (official explanatory materials), updates (all subsequent releases and versions of the software), copyrights, trademarks, trade names, trade secrets, and other worldwide proprietary and intellectual property rights in or related thereto are and will remain the exclusive property of PlotDigitizer.

You may not remove any titles, copyrighted works, trademarks or trade names, copyright notices, legends, or other proprietary symbols and markings in or on the software and documentation. You will not acquire any rights in the software, except the limited license specified in this agreement.

We own all rights in any copy, translation, modification, adaptation, or derivative works of the software, including any improvement or development thereof. We retain all rights not expressly granted to you in this agreement.

You shall promptly notify PlotDigitizer in writing upon discovery of any unauthorized use of the software or documentation or infringement of PlotDigitizer's proprietary rights in the software or documentation.

Any form of derivative works (modification, revision, enhancement, translation, abridgment, expansion, adaption, or condensation of the software or any other form) without the consent of PlotDigitizer would constitute a copyright infringement.

Open source elements: This software contains certain third-party, open-source libraries, which are integrated with the software. These libraries and elements have their own terms and licenses, which are not dictated or controlled by the terms of this agreement. PlotDigitizer shall have no liability for the use of any third-party libraries. You can know more about them in the following link.

License grant and fees

Software license: The customer is granted one or more license keys. A single license key is valid for only one active device for a user at a time. Businesses and other legal entities must purchase multiple keys for multiple active operative systems on single or multiple computers.

You are granted a non-exclusive, non-transferable, non-assignable, and restricted license.

Any use of the software for hosting or serving the service bureau to third-party entities or the general public is prohibited.

You acknowledge the software and its license key and the documentation are proprietary to PlotDigitizer and may not be distributed to any third parties.

You are not granted rights to future updates that are not part of the initial payment, or software upgrades unless you have purchased such services.

Fees: You agree to pay fees to PlotDigitizer for the licenses and associated services and updates. You are also required to pay upgrade fees for further upgrades and packages that are not part of the initial payment if you wish to upgrade the software.

License restrictions

Restrictions on use: You shall not:

1. allow third parties or any form of development methods for them to use the software;
2. rent, sell, lease, record, license, sublicense, share, distribute, use collectively, publicly communicate, transfer, or exploit in any other manner the software and its proprietary works.
3. decompile, disassemble, or reverse-engineer the software, in whole or in part, and you are prohibited and shall not attempt to obtain any software source code by any means,
4. act in a way that impairs or damages PlotDigitizer's intellectual property rights;
5. make copies, publish, execute, or reproduce software or its works, unless expressly authorized in this EULA (and all copies of the software must have PlotDigitizer's copyright notices);
6. develop or append any derivative works or develop any type of software program based on this software, PlotDigitizer's works, or any other confidential information of PlotDigitizer;
7. make available, provide any means, reveal, offer, disclose, or allow the use or access of the software to third parties, without the prior written consent of PlotDigitizer;
8. adjust, change, alter or modify the software without the prior written consent of PlotDigitizer;
9. reject, avoid, crack, disable, modify, elude, remove, deactivate, or evade, in any way, any protection mechanism of the software;
10. crack and distribute the cracked copies of the software.
11. provide, offer, or present access to any third parties to any restricted access keys or authentication details provided by PlotDigitizer for downloading and installing software;
12. or disclose or share to any third party any details regarding benchmarking or comparative study involving the software or its works.

Trademarks: You may not delete, remove, modify, hide, move, replace, or alter any trademark, logo, graphic, icon, image, symbol, text, or implication that represents PlotDigitizer's name, any derivation thereof, or any icon, graphic, image, or text that is likely to be confused with the same.

All representations of PlotDigitizer's name, logo, or other mark and symbol of PlotDigitizer must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbols, markings, or notices.

Legal compliance: You agree to comply with and abide by all applicable laws, rules, and regulations, including local laws, rules, and regulations of the country or region in which you reside as well as international laws, rules and regulations.

No warranty disclaimer

Disclaimer: PlotDigitizer disclaims any warranty for the software and its support and updates services, which are provided on an “as is” basis without warranty of any kind, either express or implied.

PlotDigitizer does not warrant that the software or its associated services will meet your requirements or that the operation thereof will be fail-safe, uninterrupted, error-free, or that the software will protect against all possible threats.

PlotDigitizer disclaims all other warranties, express or implied, including, but not limited to, any warranties of satisfactory quality, fitness for a particular purpose, non-infringement, non-interference, and accuracy of informational content.

All specifications provided are the best of PlotDigitier's knowledge based on testing of the software in a laboratory setting. Actual performance may differ by an operating system and hardware configuration.

Limitation of liability

In no event, whether in contract, tort, or otherwise, shall PlotDigitizer be liable or responsible to you or any third parties for any indirect, direct, incidental, special, punitive, or consequential losses, damages, expenses, or costs.

The damages cover, but not limited to, loss of data, loss of revenue, loss or interruption of use or work, impairment of the machine, hardware, equipment or software, loss of goodwill, failure to networks, or the cost of procurement of substitute goods, technology, or hardware.

In no event, regardless of any tort, contract, or any other legal principles, PlotDigitizer has an aggregate liability to you for direct damages. PlotDigitizer shall not be liable for the content of the software or any part thereof, including, but not limited to, erroneous content or omissions, defamation, trademark rights, loss of privacy, or the disclosure of confidential and private information.

You agree to the liability limitations herein.

Term and termination

PlotDigitizer has all rights to terminate your license and your use of the software at any time.

PlotDigitizer may terminate your license if:

• you violate the terms and conditions policy;
• you breach any terms of this agreement;
• you are involved in illegal sales and distribution of the software;
• and for any reason, at PlotDigitizer's own discretion.

Change in agreement

We reserved all rights to modify, append, expand, condense, or reduce the agreement at any time without the consent of anyone.

Refund policy

We have no refund policy since we offer a trial version of the software. Also, we have a free online version of PlotDigitizer with limited functionality. Customers can try these options before purchasing the license.

Upgrade policy

The software comes with free updates for a particular period. After that period, you have to pay upgrade fees to receive further updates and support services if you wish to. New upgrades might include new features, performance improvements, better algorithms, better usability, and bug fixes.

You can subscribe to our newsletters to stay up to date with the latest announcements and releases.

Data collection

PlotDigitizer and its software might collect and send data regarding your use of the software and our services. The data covers, but not limited to, performance, device utilization, technical details, etc.

Indemnification

You agree to indemnify, defend, and hold harmless PlotDigitizer from and against any loss, cost, or damage of any kind, including attorneys' fees, to the extent arising out of its breach of this EULA, and/or its negligence or willful misconduct.