NYTRIL SOFTWARE LICENSE TERMSNYTRIL DESKTOPJanuary, 2025www.nytril.comThese license terms are an agreement between you and NYTRIL. They apply to Nytril desktop software, libraries, examples, and to any NYTRIL services, websites, or updates for the software. If you comply with these license terms, you have the rights below.1. INSTALLATION AND USE RIGHTS. a. Individual License. If you are a student or an individual working on your own applications, for any purpose, you may use the software to develop and test those applications. If you are an employee of an organization or company, you may use the software for evaluation purposes for up to 30 days, after which, you must obtain a Pro Edition License. b. Pro License. If you have purchased a Nytril Pro Edition License for yourself, or you are an employee of a company that has purchased a Pro Edition License for your use, you may use the Pro Edition software to develop and test applications and publish the resulting documents. c. New Creators. If you are an active member of the New Creator Program, you may use the Pro Edition software to develop and test applications and publish the resulting documents to your assigned Realm. d. Backup Copy. You may make one backup copy of the software, for reinstalling the software. e. Online Services in the Software. Some features of the software make use of online services from nytril.com to provide you information about updates to the software or extensions, or to enable you to retrieve content, collaborate with others, or otherwise supplement your development experience. As used throughout this agreement, the term "software" includes these online service features, and by using them, you consent to the transmission of information as described in Section 4, DATA.f. Demo Use. The uses permitted above include use of the software in demonstrating your applications. g. Previews. NYTRIL may make available to you preview features or components to test or resolve technical issues. Previews may be used consistent with your use rights to Nytril Community Edition. Previews are experimental and may be substantially different from the commercially released version. They may not operate correctly or work the way a final version will. NYTRIL may change previews for the final, commercial version, if any. NYTRIL is not obligated to provide maintenance, technical support, or updates to you for previews. h. No liability for harm. The software is a powerful tool and can be programmed to cause damage to property including but not limited to files, databases, computers, and online systems. NYTRIL is not responsible for any harm that is caused by programs created by you or another party. 2. TERMS FOR SPECIFIC COMPONENTS. a. Libraries and Examples. The software contains source code Libraries and programming Examples. You may copy, install, and deploy those items with your applications developed with the software. NYTRIL updates Libraries and Examples with all software updates. NYTRIL is not responsible for changes to your software that are needed to accommodate changes to the Libraries and Examples. b. Fonts. While the software is running, you may use its fonts to display and print content. You may only (i) embed fonts in content as permitted by the embedding restrictions in the fonts; and (ii) temporarily download them to a printer or other output device to print content. 3. DISTRIBUTABLE CODE. The software contains Library code that you may distribute in applications you develop as described in this Section. The term "distribution" also means deployment of your applications for third parties to access over the Internet.
a. Right to Use and Distribute. The code and text files listed below are "Distributable Code."b. Example Code and Libraries. You may copy, modify, and distribute the source code installed in the /Documents/Nytril folder.c. Distribution Restrictions. You may not distribute software marked "Preview", "Pre-release" or "Beta" or use NYTRIL's trademarks in your applications' names or in a way that suggests your applications come from or are endorsed by NYTRIL; or modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An "Excluded License" is one that requires, as a condition of use, modification, or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it. 4. DATA. a. Data Collection. While in use, the software may make online queries to suggest and facilitate software updates. If it is provided suitable account information by the user, the software will allow user created documents to be published online. During publication, the software will upload copies of user-designated documents, data and graphics files sufficient to allow the documents and data to be viewed and searched online. The software may collect information about you and your preferences to facilitate account management and to provide services and improve our products and services. Our privacy statement is located at https://www.nytril.com. You can learn more about data collection and its use from the software documentation and our privacy statement. Your use of the software operates as your consent to these practices. 5. SCOPE OF LICENSE. The software is licensed, not sold. These license terms only give you some rights to use the software. NYTRIL reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in these license terms. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. In addition, you may not: a.Work around any technical limitations in the software;b.Reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and only to the extent required by third party licensing terms governing use of certain open-source components that may be included with the software; 1)remove, minimize, block, or modify any notices of NYTRIL or its suppliers in the software; 2)use the software in any way that is against the law; 3)share, publish, rent, or lease the software; 4)provide the software as a stand-alone offering or combine it with any of your applications for others to use, or transfer the software or this agreement to any third party. 6. SUPPORT. Because the software is "as is," we may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services, and support services, are the entire agreement for the software and support services. 8. APPLICABLE LAW. If you acquired the software in the United States, Washington state law applies to interpretation of, and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply. 9. CONSUMER RIGHTS; REGIONAL VARIATIONS. These license terms describe certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in these license terms is intended to affect those rights. b. Canada. You may stop receiving updates on your device by turning off Internet access. When you re-connect to the Internet, the software will resume checking for and installing updates.
c. Germany and Austria. (i) Warranty. The properly licensed software will perform substantially as described in any NYTRIL materials that accompany it. However, NYTRIL gives no contractual guarantee in relation to the software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as in case of death or personal or physical injury, Nytril is liable according to the statutory law. Subject to the preceding sentence (ii), Nytril will only be liable for slight negligence if Nytril is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, NYTRIL will not be liable for slight negligence. 10. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. NYTRIL gives no express warranties, guarantees, or conditions. To the extent permitted under your local laws, NYTRIL excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 11. LIMITATION ON DAMAGES. You can recover from NYTRIL and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. this limitation applies to (a) anything related to the software, services, content (including code) on third-party internet sites, or third-party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if NYTRIL knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential, or other damages.