IMPORTANT - Read Before Using ATEasy
This is a legal document between you, (Customer) and Marvin Test Solution, Inc.
By installing or using ATEasy, you are agreeing to the terms and conditions of this agreement, which includes the SOFTWARE LICENSE AGREEMENT and the LIMITED WARRANTY. If you do not agree to the terms of this agreement, do not install or use ATEasy. Promptly return the ATEasy package (storage media, manuals and any material that is part of ATEasy package) and remove ATEasy from your computer. This agreement constitutes the complete agreement between you and Marvin Test Solutions.
1. GRANT OF LICENSE - Marvin Test Solutions grants to you a nonexclusive right to use the ATEasy software package (ATEasy) according to the license type you have purchased and the restrictions set forth by this Software License Agreement.
1.1 If you have purchased a Single User License (SL) you may install ATEasy on a single computer (i.e., with a single CPU) at a single location. You may not network ATEasy or otherwise use it on more than one computer or computer terminal at the same time.
1.2 If you have purchased a Single User License with a Hardware Key (KU/KP) you may install ATEasy on more than one computer at a single location provided that you will not use ATEasy on more than one computer or computer terminal at the same time. You may not network ATEasy with this license.
1.3 If you have purchased a Network License (NL), you may install ATEasy on more than one computer at a single location provided that at any given time, you will not be using ATEasy on more computers than the number of network seats purchased with the Network License.
1.4 If you have purchased a Multi-Site Network License (MS), you may install ATEasy on more than one computer at multiple locations provided that at any given time, you will not be using ATEasy on more computers than the number of network seats purchased with the Network License.
1.5 If you did not purchase any license and use ATEasy for the purposes of evaluating the product (Evaluation License), you may install ATEasy on any number of computers and use it for the sole purpose of evaluation for a period of 30-days unless otherwise approved by Marvin Test Solutions. ATEasy, when used for evaluation purposes is provided “AS IS” and Marvin Test Solutions disclaims all warranties, expressed or implied concerning ATEasy.
The following paragraphs of the Marvin Test Solutions Software License Agreement set forth below shall also apply to the Evaluation License: 2. Copyright and Ownership; 3. Transfer Restrictions; 4. Other Restrictions; 7. Governing Law; 8. Limited Warranty; 9. Severability.
2. COPYRIGHT and OWNERSHIP - ATEasy is owned by Marvin Test Solutions and is protected by U.S. copyright laws and international treaties. You must therefore treat ATEasy like any other copyrighted material with the following exceptions: You may either: (a) make one copy of ATEasy for the sole purpose of backup, or (b) load ATEasy onto any number of computers according to the license limitation set forth in paragraph 1 of this License Agreement provided that the original media is kept for the sole purpose of backup. You may not copy the User Manual or any other printed material accompanying ATEasy.
3. TRANSFER RESTRICTIONS - You may not rent or lease ATEasy without Marvin Test Solutions's prior written consent, but you may transfer ATEasy (including accompanying written material) to a third party on a permanent basis provided you keep no copies and the third party agrees to the terms of this agreement.
4. OTHER RESTRICTIONS - You may not modify, decompile or disassemble, decrypt, extract, or otherwise reverse engineer ATEasy for any purpose. ATEasy is not designed or licensed for use in on-line control equipment in hazardous environments such as the operation of nuclear facilities, aircraft navigation or control, or direct life-support machines.
5. DISTRIBUTION OF ATEASY SETUP, RUN-TIME FILES and USER-DEVELOPED SOFTWARE - Marvin Test Solutions grants you a Royalty-Free License to files you created using ATEasy including but not limited to ATEasy project files, program files, instrument drivers, executables (.EXE) and libraries (.DLL). Marvin Test Solutions further grants you a Royalty-Free License to distribute ATEasy setup files and ATEasy run-time files necessary to run ATEasy applications with your compiled application (.EXE or .DLL) By distributing these files you agree to indemnify, hold harmless and defend Marvin Test Systems from and against any claims or lawsuits, including attorneys' fees which may arise as a result from the use or inability to use the files and programs distributed under the Royalty-Free License. The Royalty-Free License DOES NOT apply to Evaluation Licenses as provided in paragraph 1.5 herein.
6. SUBSCRIPTION AND SUPPORT – ATEasy is covered by non-transferable limited Subscription and Support Agreement (SSA) for an initial period of one-year from date of purchase as evident by a copy of the invoice. During the period in which Customer has a valid SSA, Customer is entitled to receive free technical support through Marvin Test Solutions’s M@GIC web interface (http://www.MarvinTest.com/magic/), access to downloads, licensing services, and free upgrades to newer versions of ATEasy (if released by Marvin Test Solutions during that period). Customer may purchase additional periods of SSA prior to the expiration of the initial SSA period.
Customers without a current SSA and who wish to use a newer version of ATEasy must purchase ATEasy again. Customers without a current SSA and who require ATEasy support must purchase a support package.
Marvin Test Solutions shall make a reasonable commercial effort to provide Customer with timely technical support through its M@GIC web interface. Such support may include instructions, suggestions, workaround procedures, and in some cases, version updates.
SSA restrictions are as follows:
6.1 Marvin Test Solutions is not obligated to modify ATEasy as a result of an issue raised during the
period of the SSA.
6.2 Marvin Test Solutions is NOT obligated to release a new version of ATEasy during any period of SSA.
6.3 The SSA is NOT intended to be a replacement for training. Marvin Test Solutions may limit the level of support if the customer’s required level of support is due to a lack of ATEasy training.
6.4 The SSA does not cover support for external third-party software components and the support is limited to the interface between ATEasy and the external component only.
6.5 For Customers with multiple ATEasy licenses, the SSA is only valid if all ATEasy licenses are covered by an SSA.
6.6 Customer must have continuous SSA coverage for the SSA to be valid (i.e., no time gaps in SSA coverage are allowed).
6.7 The SSA is NOT transferable.
7. GOVERNING LAW - This agreement is made under, shall be governed by and construed in accordance with the laws of the state of California. Venue shall be in Orange County, California.
8. LIMITED WARRANTY - Marvin Test Solutions warrants that for a period of one year from the date of purchase, as evident by a copy of the invoice, the media on which ATEasy is furnished will be free of defects in material and workmanship under normal use. The warranty extends only to customer as the original licensee. Customer's exclusive remedy and Marvin Test Solutions's entire liability under this warranty will be the corrections of defect in the media or the replacement of the media, or if correction or replacement is not reasonably achievable by Marvin Test Solutions, the refund to Customer of the license fee. Some states do not allow limitations on duration of implied warranties, so this limit may not apply to you.
DISCLAMER of WARRANTY – Except as specified in this license, all expressed or implied conditions, representations and warranties, including any implied warranty of merchantability, or fitness for a particular purpose, are hereby excluded to the extent allowed by applicable law.
LIABILITY - Marvin Test Solutions’s entire liability, under any and all conditions and restrictions covered by this license agreement, shall be limited to the price paid for ATEasy.
CONSEQUENTIAL DAMAGES - In no event shall Marvin Test Solutions or its representatives be liable for any consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other loss) arising out of the use of or inability to use ATEasy, even if Marvin Test Solutions has been advised of the possibility for such damages. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitation may not apply to you.
9. SEVERABILITY - If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable.
ATEasy is a Registered Trademark of Marvin Test Solutions, Inc.
Updated Date: November 16, 2023