Licenses & Acknowledgements¶
To determine which edition of the toolkit you have installed, please open VI Package Manager (VIPM) and search for "Python Integration Toolkit".
Python Integration Toolkit Standard Edition License¶
ENTHOUGHT
PYTHON INTEGRATION TOOLKIT FOR LABVIEW
SUBSCRIPTION LICENSE AGREEMENT
This Enthought Python Integration Toolkit for Labview Subscription License
Agreement (the "Agreement") is between Enthought, Inc., a Delaware
corporation ("Enthought") and the licensee subscriber who accepts the terms
of this Agreement (the "Customer"). The effective date of this Agreement
(the "Effective Date") is the earlier of the date Customer accepts this
Agreement or the first date Customer's use of the Software or Premium
Features. Please read this Agreement carefully before using the Software or
Premium Features. By clicking to accept these terms, installing, or using
the Software or Premium Features, Customer signifies its assent to and
acceptance of all the terms of this Agreement. If Customer does not accept
the terms of this Agreement, then Customer must not Access, install or use
the Software or Premium Features.
1. Definitions
The following terms, when capitalized, are defined as follows:
a) "Access" or "Accessing" shall mean accessing, installing, using, or
viewing the Software or any other proprietary information owned by
Enthought.
b) "Python Integration Toolkit for Labview", "PITL", or "Software" shall
mean Enthought's proprietary Python Integration Toolkit, Canopy software,
and related intellectual property that are licensed to Customer hereunder.
c) "Premium Features" shall mean Enthought's proprietary Data Import Tool,
debugger, and tested Third Party Software package update service that are
licensed and subscribed to by Customer hereunder.
d) "Evaluation Term" shall mean the period from the Effective Date through
the date that is thirty (30) days after the Effective Date.
e) "Subscription Term" shall be any additional one-year terms (each, a
"Subscription Term") from the end of the Evaluation Term or any subsequent
Subscription Term.
f) "Stated Purpose" shall mean (i) for the Evaluation Term the individual
use of the Software and Premium Features by a properly licensed User to
evaluate the Software and Premium Features for potential license purchase
hereunder and (ii) for a Subscription Term the individual use of the
Software and Premium Features by a properly licensed User for its normal
and intended use.
g) "Third Party Software" shall mean any and all third party software and
related intellectual property, whether proprietary or open source,
distributed to Customer by Enthought under this Agreement.
h) "User" shall mean each single individual authorized per the terms,
conditions and restrictions herein, to Access and use the Software and
Premium Features.
Other capitalized terms used in this Agreement are defined in the context
in which they are used and shall have the meanings indicated by such use.
2. PITL User License
Commencing on the Effective Date, and subject to Customer's full compliance
with the terms and conditions of this Agreement, Enthought grants Customer
the following licenses:
a) "PITL User License" - Enthought grants Customer a personal,
non-exclusive, non-transferable, non-sublicensable, perpetual license for
one (1) User to install and use PITL for User's individual use, for the
Stated Purpose, on up to three (3) computers. A separate PITL User License
is required for each User of PITL in the event multiple Users use PITL on a
single computer.
b) "Premium Feature User License Subscription" or "Premium Feature License"
- For the Evaluation Term and any paid Subscription Term, Enthought grants
Customer a personal, non-exclusive, non-transferable, non-sublicensable
license for one (1) User to install and use the Premium Features for User's
individual use, for the Stated Purpose, on up to three (3) computers. A
separate Premium Feature License is required for each User of Premium
Features in the event multiple Users use Premium Features on a single
computer.
3. License Restrictions
Except for the express licenses granted to Customer in Section 2, Enthought
does not grant to Customer any other licenses, whether express or implied,
to Software or Premium Features or any other proprietary information owned
by Enthought. Notwithstanding any other provision of this Agreement,
neither Customer nor any User shall:
a) Modify, disassemble, de-compile, reverse engineer, or otherwise attempt
to determine the source code or protocols from the object code of Software
or Premium Features, or knowingly permit or encourage any third party to do
so.
b) Use Software or Premium Features in any manner to provide service
bureau, time-sharing or other computer services to third parties.
c) Use Software or Premium Features, or allow the transfer, transmission,
export, or re-export of Software or portion thereof in violation of any
export control laws or regulations administered by any government agency.
d) Remove, modify or obscure any copyright, trademark, legal notices, or
other proprietary notations.
e) Distribute Software or Premium Features, in part or in whole except as
permitted in Section 5 herein.
The Customer represents and warrants to Enthought that Customer will comply
at all times with the terms of this Agreement and all applicable laws and
regulations in using the Software and Premium Features. If Customer or any
authorized Users uses the Software or Premium Features in an unlawful
manner, for unlawful purposes or in any way that does not comply with this
Agreement or all applicable laws and regulations, then the applicable
licenses may be revoked by Enthought and, in such event, Customer and its
authorized Users will immediately cease any use of the Software and Premium
Features. The provisions of this Section 3 shall survive any termination or
expiration of this Agreement.
4. Third Party Software
Under this Agreement, Enthought will distribute certain Third Party
Software to Customer, consisting of third party proprietary and open source
packages from the Python Community. Enthought gratefully acknowledges the
significant contributions of the Third Party Software authors. A listing of
the Third Party Software distributed hereunder and made available to
Customer as part of the product installation can be found at
https://www.enthought.com/products/canopy/package-index. Each Third Party
Software license is included with the applicable component, and is also
available upon written request. Customer's rights in the Third Party
Software are governed by and subject to the terms and conditions set forth
in the applicable third party license(s). Customer acknowledges and agrees
to fully comply with such terms and conditions. IN ADDITION TO ANY
DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, THE DISCLAIMERS SET
FORTH AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO
ENTHOUGHT AND ITS LICENSORS WITH RESPECT TO SUCH THIRD PARTY SOFTWARE.
ENTHOUGHT IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY SUCH THIRD
PARTY SOFTWARE UNLESS EXPRESSLY AGREED TO IN WRITING UNDER A SEPARATE
AGREEMENT. For further information about the Third Party Software please
contact support@enthought.com.
5. Distribution
This Agreement does NOT permit distribution of PITL or Premium Features, in
part or in whole, at any time.
Customer may install, on up to three (3) individual computing devices,
standalone executable files created using PITL comprised of the following
components of the PITL Software: integration toolkit, Python
distribution(s), and Third Party Software packages (collectively,
"Deployment Bundles"). Rights to Install Deployment Bundles on more than
three computing devices are available under separate license. Contact
info@enthought.com for more information.
Customer may distribute Third Party Software under this Agreement to the
extent permitted under the licenses for the applicable Third Party Software
packages, provided that Customer prominently acknowledges the use of
Enthought products in any software application, documentation, and in any
end-user licenses.
6. License Subscription Fee
Customer may use the Software and Premium Features for the Stated Purpose
at no charge during the Evaluation Term. The licenses granted hereunder
shall expire and automatically terminate at the end of the Evaluation Term,
unless Customer has paid the then current license subscription fee, plus
any applicable taxes, levies, duties, assessments and custom fees
(collectively, the "License Subscription Fee") prior to the expiration of
the Evaluation Term.
7. Verification
Customer shall be responsible for its Users' compliance with the terms and
conditions set forth herein. Customer is responsible for implementing
reasonable means to monitor compliance with this Agreement.
8. Maintenance, Support, and Premium Features
Pursuant to this Agreement, during the Evaluation Term Enthought shall
provide maintenance and support services, and access to Premium Features
for Customer:
Maintenance - Enthought shall distribute periodic updates to the Software
and Premium Features, if and when available.
Support - support services are provided Monday through Friday, during
normal business hours (8:00am to 5:00pm Central Standard Time), excluding
holidays. Support services shall include the following:
* Email-based and phone-based installation and technical support
* Access to Enthought's Canopy subscription library
* Access to the Enthought Knowledge Base at the Enthought website
* Access to the latest Software releases
Premium Features - includes Enthought's proprietary Data Import Tool,
debugger, and tested Third Party Software package update service.
Maintenance, support, and Access to the Software and Premium Features shall
expire at the end of the Evaluation Term. Customer may continue to receive
maintenance, support and Access to the Software and Premium Features for
the first Subscription Term by remitting the then current License
Subscription Fee. Upon expiration of the first Subscription Term and any
Subscription Term thereafter, Customer may continue to receive maintenance,
support and Access to Premium Features by remitting the then current
support fee ("Support Fee") prior to the expiration of the current term.
9. Term and Termination
The Term of this Agreement shall commence on the Effective Date and shall
remain in effect through the Evaluation Term and any Subscription Term.
Customer may terminate this Agreement by sending notice of cancellation to
support@enthought.com. Such Customer initiated termination of this
Agreement will be effective at the end of Customer's current term for which
the License Subscription Fee or Support Fee has been paid. Customer will
not be entitled to any refund of any portion of the fees paid hereunder.
Enthought may terminate this Agreement if Customer fails to pay any amounts
due and payable, or upon Customer's breach of any of the terms and
conditions of this Agreement.
Upon termination of this Agreement, Customer and its authorized Users will
immediately cease any Access or use of the Premium Features. Customer may
continue to use PITL, but Enthought shall no longer be obligated to provide
any maintenance, support, Premium Features, or package update services.
Customer's obligation to pay any amounts due as of termination or
expiration shall survive, and Customer will not be entitled to any refund
of any portion of any fees paid hereunder. Enthought will have no further
obligation or liability to Customer after such termination. In addition,
upon termination or expiration, Sections 3, 4, 6, 7, 9-15 shall survive.
All other rights and obligations shall cease and be of no further force or
effect.
10. Intellectual Property, Ownership and Marks
Enthought and its licensors reserves all rights in the Software and Premium
Features and all related intellectual property rights not expressly granted
to Customer in this Agreement. No right or license, express or implied, is
granted in this Agreement for the use of any Enthought trade names, service
marks or trademarks. Enthought shall also own and retain ownership of all
right, title, and interest in and to any ideas, suggestions, or feedback
relating to the Software or Premium Features ("Feedback") and all
intellectual property rights embodied within the foregoing. Customer hereby
irrevocably assigns and agrees to assign all of its right, title, and
interest in and to any Feedback to Enthought.
11. Confidentiality
Customer acknowledges and agrees that the Software and Premium Features
constitute valid, proprietary trade secrets of Enthought, and is protected
by copyright law. Customer shall hold the Software and Premium Features in
strict confidence except as required to exercise Customer's rights granted
expressly herein. Customer shall promptly report a breach of this Section
11 to Enthought.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SOFTWARE AND PREMIUM FEATURES ARE PROVIDED "AS IS." ENTHOUGHT MAKES AND
CUSTOMER RECEIVES NO WARRANTY EXPRESSED OR IMPLIED, AND ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA,
NON-INFRINGEMENT AND NON-INTERFERENCE ARE HEREBY DISCLAIMED. ENTHOUGHT
SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR THE SOFTWARE OR PREMIUM FEATURES DELIVERED HEREUNDER FOR ANY
CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES
EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL ENTHOUGHT'S LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED THE
AMOUNT OF FEES PAID TO ENTHOUGHT BY CUSTOMER HEREUNDER.
13. Indemnity
Enthought will defend Customer against any action brought against Customer
by a third party to the extent that it is based on a claim that the
Software or Premium Features infringe a United States copyright, patent or
other property right, and indemnify and hold Customer harmless against any
and all costs, damages and expenses (including reasonable legal fees)
("Losses") finally awarded against Customer by a court of competent
jurisdiction or agreed to in a written settlement agreement signed by
Enthought arising directly out of such claim. The foregoing is subject to
the following: (a) Customer must notify Enthought promptly, in writing, of
the claim, (b) Enthought shall have sole control of the defense of any such
claim and all related settlement negotiations, and (c) Customer shall
provide Enthought with reasonable assistance and information and authority
to perform the above.
Notwithstanding this general indemnity, Enthought shall have no liability
for any claim of infringement based on (i) use of a superseded or altered
release of the Software or Premium Features, (ii) the combination,
operation or use of the Software or Premium Features with programs or data
not furnished by Enthought if such infringement would have been avoided by
the use of the Software or Premium Features without such programs or data,
(iii) any modification of the Software or Premium Features, (iv) any
unauthorized use of the Software or Premium Features, or (v) any Third
Party Software.
If, due to a claim contemplated above or the threat thereof, (i) the
Software or Premium Features is held by a court of competent jurisdiction,
or in Enthought's reasonable judgment may be held to infringe by such a
court, or (ii) Customer receives a valid court order enjoining Customer
from using any of the Software or Premium Features, or in Enthought's
reasonable judgment Customer may receive such an order, Enthought shall in
its reasonable judgment, and at its expense, (a) procure for Customer the
right to continue using such Software or Premium Features, or (b) replace
or modify the Software or Premium Features to make it non-infringing. If
neither of the above options are or would likely be available on a basis
that Enthought believes to be commercially reasonable, then Enthought may
terminate this Agreement and refund any un-used portion of the License
Subscription Fee paid by Customer. THIS SECTION STATES ENTHOUGHT'S ENTIRE
LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT.
14. Remedies
The parties agree that due to the proprietary nature and high value of the
Software and Premium Features, any breach of this Agreement by Customer
will result in irreparable injury to Enthought that cannot be compensated
solely by damages. Therefore, Enthought shall be entitled to seek and
obtain injunctive relief to protect the Software and Premium Features
without posting bond. In addition to its other remedies, Enthought shall
also be entitled to recover its attorneys' fees and costs in connection
with enforcement of this Agreement and collection of damages related
thereto.
15. General
a) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas without giving effect to any
body of law or precedent relating to conflicts of law, and all disputes
arising under this Agreement shall be brought exclusively in a federal or
state court located in Travis County, Texas. Customer consents to the
personal jurisdiction of such courts, and hereby waives any objection to
the venue of such courts.
b) Assignment. Customer shall not assign any of its rights hereunder
without the prior written permission of Enthought. Such permission shall
not be unreasonably withheld.
c) Severability. In the event that any provision of this Agreement is held
to be invalid or unenforceable, the remaining provisions of this Agreement
will remain in full force and effect.
d) U.S. Government Restricted Rights. In the event Customer is an agency,
department, or other entity of the United States Government ("Government"),
the use, duplication, reproduction, release, modification, disclosure, or
transfer of the Software and Premium Features, or any related documentation
of any kind, including technical data or manuals, is restricted in
accordance with Federal Acquisition Regulation 12.212 (as amended or
supplanted) for civilian agencies and Defense Federal Acquisition
Regulation Supplement 227.7202 (as amended or supplanted) for military
agencies. The Software is commercial computer software and the related
documentation is commercial computer software documentation. The use of the
Software and Premium Features and related documentation is further
restricted in accordance with the terms of this Agreement, or any
modification hereto. The Contractor/Manufacturer is Enthought, Inc., 515
Congress Avenue, Suite 2100, Austin, Texas, U.S.A. 78701.
e) Export Restrictions. The Software is subject to the United States Export
Administration Regulations. The following table sets forth the export
control status for the Software:
Enthought Product ECCN License
Canopy 5D992 No License Required
This export control classification is for software which uses encryption
technology and is eligible for export to all countries, with certain
exceptions. Enthought products with this classification contain ancillary
cryptography due to the inclusion of OpenSSL open source software. Since
the Software is not primarily useful for communication, Enthought has
self-classified the OpenSSL component as 5D992. Further, pursuant to
License Exception TSU - ?740.13(e), the OpenSSL component of the Software
can be exported as NLR, no license required except to those countries
embargoed by the United States. By accepting this Agreement, you warrant
and represent to Enthought that you will comply with all applicable export
regulations for the Software as described and incorporated by reference
herein.
f) Entire Agreement. Each party acknowledges that it has read and
understands this Agreement and agrees to be bound by its terms. This
Agreement constitutes the complete Agreement between the parties and
supersedes all previous agreements or representations, written or oral,
with respect to the Software and Premium Features. This Agreement may not
be modified or amended except in writing signed by a duly authorized
representative of each party. In the event the terms of this Agreement and
the terms by Customer conflict, the terms of this Agreement shall govern.
g) Force Majeure. Dates or times by which Enthought is required to make
performance under this Agreement shall be postponed automatically to the
extent that Enthought is prevented from meeting them by causes beyond its
reasonable control.
h) Waiver. The waiver or failure of Enthought to exercise in any respect
any right provided for in this Agreement shall not be deemed a waiver of
any further right hereunder.
Python Integration Toolkit Standard Edition License (Academic Customers)¶
ENTHOUGHT
PYTHON INTEGRATION TOOLKIT FOR LABVIEW
ACADEMIC SUBSCRIPTION LICENSE AGREEMENT
This Enthought Python Integration Toolkit for Labview Academic Subscription
License Agreement (the "Agreement") is between Enthought, Inc., a Delaware
corporation ("Enthought") and the licensee subscriber who accepts the terms
of this Agreement (the "Customer"). The effective date of this Agreement
(the "Effective Date") is the earlier of the date Customer accepts this
Agreement or the first date Customer's use of the Software or Premium
Features. Please read this Agreement carefully before using the Software or
Premium Features. By clicking to accept these terms, installing, or using
the Software or Premium Features, Customer signifies its assent to and
acceptance of all the terms of this Agreement. If Customer does not accept
the terms of this Agreement, then Customer must not Access, install or use
the Software or Premium Features.
1. Definitions
The following terms, when capitalized, are defined as follows:
a) "Access" or "Accessing" shall mean accessing, installing, using, or
viewing the Software or any other proprietary information owned by
Enthought.
b) "Python Integration Toolkit for Labview", "PITL", or "Software" shall
mean Enthought's proprietary Python Integration Toolkit, Canopy software,
and related intellectual property that are licensed to Customer hereunder.
c) "Premium Features" shall mean Enthought's proprietary Data Import Tool,
debugger, and tested Third Party Software package update service that are
licensed and subscribed to by Customer hereunder.
d) "Evaluation Term" shall mean the period from the Effective Date through
the date that is thirty (30) days after the Effective Date.
e) "Subscription Term" shall be any additional one-year terms (each, a
"Subscription Term") from the end of the Evaluation Term or any subsequent
Subscription Term.
f) "Stated Purpose" shall mean (i) for the Evaluation Term the individual
use of the Software and Premium Features by a properly licensed User to
evaluate the Software and Premium Features for potential license purchase
hereunder and (ii) for a Subscription Term the individual use of the
Software and Premium Features by a properly licensed User solely for
instructional and academic research purposes at Customer's institution.
g) "Third Party Software" shall mean any and all third party software and
related intellectual property, whether proprietary or open source,
distributed to Customer by Enthought under this Agreement.
h) "User" shall mean each single individual faculty member, graduate
student, post-doctoral student and researcher authorized per the terms,
conditions and restrictions herein, to Access and use the Software and
Premium Features.
Other capitalized terms used in this Agreement are defined in the context
in which they are used and shall have the meanings indicated by such use.
2. PITL User License
Commencing on the Effective Date, and subject to Customer's full compliance
with the terms and conditions of this Agreement, Enthought grants Customer
the following licenses:
a) "PITL User License" - Enthought grants Customer a personal,
non-exclusive, non-transferable, non-sublicensable, perpetual license for
one (1) User to install and use PITL for User's individual use, for the
Stated Purpose, on up to three (3) computers. A separate PITL User License
is required for each User of PITL in the event multiple Users use PITL on a
single computer.
b) "Premium Feature User License Subscription" or "Premium Feature License"
- For the Evaluation Term and any paid Subscription Term, Enthought grants
Customer a personal, non-exclusive, non-transferable, non-sublicensable
license for one (1) User to install and use the Premium Features for User's
individual use, for the Stated Purpose, on up to three (3) computers. A
separate Premium Feature License is required for each User of Premium
Features in the event multiple Users use Premium Features on a single
computer.
3. License Restrictions
Except for the express licenses granted to Customer in Section 2, Enthought
does not grant to Customer any other licenses, whether express or implied,
to Software or Premium Features or any other proprietary information owned
by Enthought. Notwithstanding any other provision of this Agreement,
neither Customer nor any User shall:
a) Modify, disassemble, de-compile, reverse engineer, or otherwise attempt
to determine the source code or protocols from the object code of Software
or Premium Features, or knowingly permit or encourage any third party to do
so.
b) Use Software or Premium Features in any manner to provide service
bureau, time-sharing or other computer services to third parties.
c) Use Software or Premium Features, or allow the transfer, transmission,
export, or re-export of Software or portion thereof in violation of any
export control laws or regulations administered by any government agency.
d) Remove, modify or obscure any copyright, trademark, legal notices, or
other proprietary notations.
e) Distribute Software or Premium Features, in part or in whole except as
permitted in Section 5 herein.
The Customer represents and warrants to Enthought that Customer will comply
at all times with the terms of this Agreement and all applicable laws and
regulations in using the Software and Premium Features. If Customer or any
authorized Users uses the Software or Premium Features in an unlawful
manner, for unlawful purposes or in any way that does not comply with this
Agreement or all applicable laws and regulations, then the applicable
licenses may be revoked by Enthought and, in such event, Customer and its
authorized Users will immediately cease any use of the Software and Premium
Features. The provisions of this Section 3 shall survive any termination or
expiration of this Agreement.
4. Third Party Software
Under this Agreement, Enthought will distribute certain Third Party
Software to Customer, consisting of third party proprietary and open source
packages from the Python Community. Enthought gratefully acknowledges the
significant contributions of the Third Party Software authors. A listing of
the Third Party Software distributed hereunder and made available to
Customer as part of the product installation can be found at
https://www.enthought.com/products/canopy/package-index. Each Third Party
Software license is included with the applicable component, and is also
available upon written request. Customer's rights in the Third Party
Software are governed by and subject to the terms and conditions set forth
in the applicable third party license(s). Customer acknowledges and agrees
to fully comply with such terms and conditions. IN ADDITION TO ANY
DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, THE DISCLAIMERS SET
FORTH AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO
ENTHOUGHT AND ITS LICENSORS WITH RESPECT TO SUCH THIRD PARTY SOFTWARE.
ENTHOUGHT IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY SUCH THIRD
PARTY SOFTWARE UNLESS EXPRESSLY AGREED TO IN WRITING UNDER A SEPARATE
AGREEMENT. For further information about the Third Party Software please
contact support@enthought.com.
5. Distribution
This Agreement does NOT permit distribution of PITL or Premium Features, in
part or in whole, at any time.
Customer may install, on up to three (3) individual computing devices,
standalone executable files created using PITL comprised of the following
components of the PITL Software: integration toolkit, Python
distribution(s), and Third Party Software packages (collectively,
"Deployment Bundles"). Rights to Install Deployment Bundles on more than
three computing devices are available under separate license. Contact
info@enthought.com for more information.
Customer may distribute Third Party Software under this Agreement to the
extent permitted under the licenses for the applicable Third Party Software
packages, provided that Customer prominently acknowledges the use of
Enthought products in any software application, documentation, and in any
end-user licenses.
6. License Subscription Fee
Customer may use the Software and Premium Features for the Stated Purpose
at no charge during the Evaluation Term. The licenses granted hereunder
shall expire and automatically terminate at the end of the Evaluation Term,
unless Customer has paid the then current license subscription fee, plus
any applicable taxes, levies, duties, assessments and custom fees
(collectively, the "License Subscription Fee") prior to the expiration of
the Evaluation Term.
7. Verification
Customer shall be responsible for its Users' compliance with the terms and
conditions set forth herein. Customer is responsible for implementing
reasonable means to monitor compliance with this Agreement.
8. Maintenance, Support, and Premium Features
Pursuant to this Agreement, during the Evaluation Term Enthought shall
provide maintenance and support services, and access to Premium Features
for Customer:
Maintenance - Enthought shall distribute periodic updates to the Software
and Premium Features, if and when available.
Support - support services are provided Monday through Friday, during
normal business hours (8:00am to 5:00pm Central Standard Time), excluding
holidays. Support services shall include the following:
* Email-based and phone-based installation and technical support
* Access to Enthought's Canopy subscription library
* Access to the Enthought Knowledge Base at the Enthought website
* Access to the latest Software releases
Premium Features - includes Enthought's proprietary Data Import Tool,
debugger, and tested Third Party Software package update service.
Maintenance, support, and Access to the Software and Premium Features shall
expire at the end of the Evaluation Term. Customer may continue to receive
maintenance, support and Access to the Software and Premium Features for
the first Subscription Term by remitting the then current License
Subscription Fee. Upon expiration of the first Subscription Term and any
Subscription Term thereafter, Customer may continue to receive maintenance,
support and Access to Premium Features by remitting the then current
support fee ("Support Fee") prior to the expiration of the current term.
9. Term and Termination
The Term of this Agreement shall commence on the Effective Date and shall
remain in effect through the Evaluation Term and any Subscription Term.
Customer may terminate this Agreement by sending notice of cancellation to
support@enthought.com. Such Customer initiated termination of this
Agreement will be effective at the end of Customer's current term for which
the License Subscription Fee or Support Fee has been paid. Customer will
not be entitled to any refund of any portion of the fees paid hereunder.
Enthought may terminate this Agreement if Customer fails to pay any amounts
due and payable, or upon Customer's breach of any of the terms and
conditions of this Agreement.
Upon termination of this Agreement, Customer and its authorized Users will
immediately cease any Access or use of the Premium Features. Customer may
continue to use PITL, but Enthought shall no longer be obligated to provide
any maintenance, support, Premium Features, or package update services.
Customer's obligation to pay any amounts due as of termination or
expiration shall survive, and Customer will not be entitled to any refund
of any portion of any fees paid hereunder. Enthought will have no further
obligation or liability to Customer after such termination. In addition,
upon termination or expiration, Sections 3, 4, 6, 7, 9-15 shall survive.
All other rights and obligations shall cease and be of no further force or
effect.
10. Intellectual Property, Ownership and Marks
Enthought and its licensors reserves all rights in the Software and Premium
Features and all related intellectual property rights not expressly granted
to Customer in this Agreement. No right or license, express or implied, is
granted in this Agreement for the use of any Enthought trade names, service
marks or trademarks. Enthought shall also own and retain ownership of all
right, title, and interest in and to any ideas, suggestions, or feedback
relating to the Software or Premium Features ("Feedback") and all
intellectual property rights embodied within the foregoing. Customer hereby
irrevocably assigns and agrees to assign all of its right, title, and
interest in and to any Feedback to Enthought.
11. Confidentiality
Customer acknowledges and agrees that the Software and Premium Features
constitute valid, proprietary trade secrets of Enthought, and is protected
by copyright law. Customer shall hold the Software and Premium Features in
strict confidence except as required to exercise Customer's rights granted
expressly herein. Customer shall promptly report a breach of this Section
11 to Enthought.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SOFTWARE AND PREMIUM FEATURES ARE PROVIDED "AS IS." ENTHOUGHT MAKES AND
CUSTOMER RECEIVES NO WARRANTY EXPRESSED OR IMPLIED, AND ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA,
NON-INFRINGEMENT AND NON-INTERFERENCE ARE HEREBY DISCLAIMED. ENTHOUGHT
SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR THE SOFTWARE OR PREMIUM FEATURES DELIVERED HEREUNDER FOR ANY
CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES
EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL ENTHOUGHT'S LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED THE
AMOUNT OF FEES PAID TO ENTHOUGHT BY CUSTOMER HEREUNDER.
13. Indemnity
Enthought will defend Customer against any action brought against Customer
by a third party to the extent that it is based on a claim that the
Software or Premium Features infringe a United States copyright, patent or
other property right, and indemnify and hold Customer harmless against any
and all costs, damages and expenses (including reasonable legal fees)
("Losses") finally awarded against Customer by a court of competent
jurisdiction or agreed to in a written settlement agreement signed by
Enthought arising directly out of such claim. The foregoing is subject to
the following: (a) Customer must notify Enthought promptly, in writing, of
the claim, (b) Enthought shall have sole control of the defense of any such
claim and all related settlement negotiations, and (c) Customer shall
provide Enthought with reasonable assistance and information and authority
to perform the above.
Notwithstanding this general indemnity, Enthought shall have no liability
for any claim of infringement based on (i) use of a superseded or altered
release of the Software or Premium Features, (ii) the combination,
operation or use of the Software or Premium Features with programs or data
not furnished by Enthought if such infringement would have been avoided by
the use of the Software or Premium Features without such programs or data,
(iii) any modification of the Software or Premium Features, (iv) any
unauthorized use of the Software or Premium Features, or (v) any Third
Party Software.
If, due to a claim contemplated above or the threat thereof, (i) the
Software or Premium Features is held by a court of competent jurisdiction,
or in Enthought's reasonable judgment may be held to infringe by such a
court, or (ii) Customer receives a valid court order enjoining Customer
from using any of the Software or Premium Features, or in Enthought's
reasonable judgment Customer may receive such an order, Enthought shall in
its reasonable judgment, and at its expense, (a) procure for Customer the
right to continue using such Software or Premium Features, or (b) replace
or modify the Software or Premium Features to make it non-infringing. If
neither of the above options are or would likely be available on a basis
that Enthought believes to be commercially reasonable, then Enthought may
terminate this Agreement and refund any un-used portion of the License
Subscription Fee paid by Customer. THIS SECTION STATES ENTHOUGHT'S ENTIRE
LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT.
14. Remedies
The parties agree that due to the proprietary nature and high value of the
Software and Premium Features, any breach of this Agreement by Customer
will result in irreparable injury to Enthought that cannot be compensated
solely by damages. Therefore, Enthought shall be entitled to seek and
obtain injunctive relief to protect the Software and Premium Features
without posting bond. In addition to its other remedies, Enthought shall
also be entitled to recover its attorneys' fees and costs in connection
with enforcement of this Agreement and collection of damages related
thereto.
15. General
a) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas without giving effect to any
body of law or precedent relating to conflicts of law, and all disputes
arising under this Agreement shall be brought exclusively in a federal or
state court located in Travis County, Texas. Customer consents to the
personal jurisdiction of such courts, and hereby waives any objection to
the venue of such courts.
b) Assignment. Customer shall not assign any of its rights hereunder
without the prior written permission of Enthought. Such permission shall
not be unreasonably withheld.
c) Severability. In the event that any provision of this Agreement is held
to be invalid or unenforceable, the remaining provisions of this Agreement
will remain in full force and effect.
d) U.S. Government Restricted Rights. In the event Customer is an agency,
department, or other entity of the United States Government ("Government"),
the use, duplication, reproduction, release, modification, disclosure, or
transfer of the Software and Premium Features, or any related documentation
of any kind, including technical data or manuals, is restricted in
accordance with Federal Acquisition Regulation 12.212 (as amended or
supplanted) for civilian agencies and Defense Federal Acquisition
Regulation Supplement 227.7202 (as amended or supplanted) for military
agencies. The Software is commercial computer software and the related
documentation is commercial computer software documentation. The use of the
Software and Premium Features and related documentation is further
restricted in accordance with the terms of this Agreement, or any
modification hereto. The Contractor/Manufacturer is Enthought, Inc., 515
Congress Avenue, Suite 2100, Austin, Texas, U.S.A. 78701.
e) Export Restrictions. The Software is subject to the United States Export
Administration Regulations. The following table sets forth the export
control status for the Software:
Enthought Product ECCN License
Canopy 5D992 No License Required
This export control classification is for software which uses encryption
technology and is eligible for export to all countries, with certain
exceptions. Enthought products with this classification contain ancillary
cryptography due to the inclusion of OpenSSL open source software. Since
the Software is not primarily useful for communication, Enthought has
self-classified the OpenSSL component as 5D992. Further, pursuant to
License Exception TSU - ?740.13(e), the OpenSSL component of the Software
can be exported as NLR, no license required except to those countries
embargoed by the United States. By accepting this Agreement, you warrant
and represent to Enthought that you will comply with all applicable export
regulations for the Software as described and incorporated by reference
herein.
f) Entire Agreement. Each party acknowledges that it has read and
understands this Agreement and agrees to be bound by its terms. This
Agreement constitutes the complete Agreement between the parties and
supersedes all previous agreements or representations, written or oral,
with respect to the Software and Premium Features. This Agreement may not
be modified or amended except in writing signed by a duly authorized
representative of each party. In the event the terms of this Agreement and
the terms by Customer conflict, the terms of this Agreement shall govern.
g) Force Majeure. Dates or times by which Enthought is required to make
performance under this Agreement shall be postponed automatically to the
extent that Enthought is prevented from meeting them by causes beyond its
reasonable control.
h) Waiver. The waiver or failure of Enthought to exercise in any respect
any right provided for in this Agreement shall not be deemed a waiver of
any further right hereunder.
Python Integration Toolkit Home Edition License¶
ENTHOUGHT
PYTHON INTEGRATION TOOLKIT FOR LABVIEW
SUBSCRIPTION LICENSE AGREEMENT
STUDENT AND HOME EDITION
This Enthought Python Integration Toolkit for Labview Subscription License
Agreement Student and Home Edition (the "Agreement") is between Enthought,
Inc., a Delaware corporation ("Enthought") and the licensee subscriber who
accepts the terms of this Agreement (the "Licensee"). The effective date of
this Agreement (the "Effective Date") is the earlier of the date Licensee
accepts this Agreement or the first date of Licensee's use of the Software.
Please read this Agreement carefully before using the Software. By clicking
to accept these terms, installing, or using the Software, Licensee
signifies its assent to and acceptance of all the terms of this Agreement.
If Licensee does not accept the terms of this Agreement, then Licensee must
not Access, install or use the Software.
1. Definitions
The following terms, when capitalized, are defined as follows:
a) "Access" or "Accessing" shall mean accessing, installing, using, or
viewing the Software or any other proprietary information owned by
Enthought.
b) "Python Integration Toolkit for Labview", "PITL", or "Software" shall
mean Enthought's proprietary Python Integration Toolkit, Canopy Express
software, and related intellectual property that are licensed to Licensee
hereunder.
c) "Stated Purpose" for student use shall mean the individual use of the
Software for the sole purpose of User's personal education, and not for any
commercial, industrial, instructional, for-credit coursework, or research
purposes. "Stated Purpose" for home use shall mean the individual use of
the Software for the sole purpose of User's personal, non-commercial,
non-industrial, or non-academic purposes.
d) "Third Party Software" shall mean any and all third party software and
related intellectual property, whether proprietary or open source,
distributed to Licensee by Enthought under this Agreement.
e) "User" shall mean each single individual Licensee authorized per the
terms, conditions and restrictions herein, to Access and use the Software.
Other capitalized terms used in this Agreement are defined in the context
in which they are used and shall have the meanings indicated by such use.
2. PITL User License
Commencing on the Effective Date, and subject to Licensee's full compliance
with the terms and conditions of this Agreement, Enthought grants Licensee
the following license:
a) "PITL User License" - during the Term of this Agreement, Enthought
grants Licensee a personal, non-exclusive, non-transferable,
non-sublicensable, perpetual license for one (1) User to install and use
PITL in accordance with its documentation and its normal and intended use,
on up to three (3) computers as may be required for the User's individual
use of PITL for the Stated Purpose. A separate PITL User License is
required for each User of PITL in the event multiple Users use PITL on a
single computer.
3. License Restrictions
Except for the express license granted to Licensee in Section 2, Enthought
does not grant to Licensee any other licenses, whether express or implied,
to Software or any other proprietary information owned by Enthought.
Notwithstanding any other provision of this Agreement, neither Licensee nor
any User shall:
a) Modify, disassemble, de-compile, reverse engineer, or otherwise attempt
to determine the source code or protocols from the object code of Software
or knowingly permit or encourage any third party to do so.
b) Use Software in any manner to provide service bureau, time-sharing or
other computer services to third parties.
c) Use Software, or allow the transfer, transmission, export, or re-export
of Software or portion thereof in violation of any export control laws or
regulations administered by any government agency.
d) Remove, modify or obscure any copyright, trademark, legal notices, or
other proprietary notations.
e) Distribute Software, in part or in whole except as permitted in Section
5 herein.
The Licensee represents and warrants to Enthought that Licensee will comply
at all times with the terms of this Agreement and all applicable laws and
regulations in using the Software. If Licensee or any authorized User uses
the Software in an unlawful manner, for unlawful purposes or in any way
that does not comply with this Agreement or all applicable laws and
regulations, then the applicable licenses may be revoked by Enthought and,
in such event, Licensee and any authorized User will immediately cease any
use of the Software. The provisions of this Section 3 shall survive any
termination or expiration of this Agreement.
4. Third Party Software
Under this Agreement, Enthought will distribute certain Third Party
Software to Licensee, consisting of third party proprietary and open source
packages from the Python Community. Enthought gratefully acknowledges the
significant contributions of the Third Party Software authors. A listing of
the Third Party Software distributed hereunder and made available to
Licensee as part of the product installation can be found at
https://www.enthought.com/products/canopy/package-index. Each Third Party
Software license is included with the applicable component, and is also
available upon written request. Licensee's rights in the Third Party
Software are governed by and subject to the terms and conditions set forth
in the applicable third party license(s). Licensee acknowledges and agrees
to fully comply with such terms and conditions. IN ADDITION TO ANY
DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, THE DISCLAIMERS SET
FORTH AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO
ENTHOUGHT AND ITS LICENSORS WITH RESPECT TO SUCH THIRD PARTY SOFTWARE.
ENTHOUGHT IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY SUCH THIRD
PARTY SOFTWARE UNLESS EXPRESSLY AGREED TO IN WRITING UNDER A SEPARATE
AGREEMENT. For further information about the Third Party Software please
contact support@enthought.com.
5. Distribution
This Agreement does NOT permit distribution of PITL, in part or in whole,
at any time.
Licensee may distribute Third Party Software under this Agreement to the
extent permitted under the licenses for the applicable Third Party Software
packages, provided that Licensee prominently acknowledges the use of
Enthought products in any software application, documentation, and in any
end-user licenses.
6. Maintenance and Support
No maintenance or support services for the Software are provided to
Licensee or any User under this Agreement. Maintenance and Support services
are available from Enthought under separate agreement.
7. Term and Termination
The Term of this Agreement shall commence on the Effective Date and shall
remain in effect until terminated as provided for herein.
Licensee may terminate this Agreement by sending notice of cancellation to
support@enthought.com.
Enthought may terminate this Agreement for convenience or upon Licensee's
breach of any of the terms and conditions of this Agreement.
Upon termination of this Agreement, Licensee and any authorized User will
immediately cease any Access or use of the Software. Enthought will have no
further obligation or liability to Licensee after such termination. In
addition, upon termination or expiration, Sections 3, 4, 6, 8-13 shall
survive. All other rights and obligations shall cease and be of no further
force or effect.
8. Intellectual Property, Ownership and Marks
Enthought and its licensors reserves all rights in the Software and all
related intellectual property rights not expressly granted to Licensee in
this Agreement. No right or license, express or implied, is granted in this
Agreement for the use of any Enthought trade names, service marks or
trademarks. Enthought shall also own and retain ownership of all right,
title, and interest in and to any ideas, suggestions, or feedback relating
to the Software ("Feedback") and all intellectual property rights embodied
within the foregoing. Licensee hereby irrevocably assigns and agrees to
assign all of its right, title, and interest in and to any Feedback to
Enthought.
9. Confidentiality
Licensee acknowledges and agrees that the Software constitute valid,
proprietary trade secrets of Enthought, and is protected by copyright law.
Licensee shall hold the Software in strict confidence except as required to
exercise Licensee's rights granted expressly herein. Licensee shall
promptly report a breach of this Section 9 to Enthought.
10. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SOFTWARE IS PROVIDED "AS IS." ENTHOUGHT MAKES AND LICENSEE RECEIVES NO
WARRANTY EXPRESSED OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, NON-INFRINGEMENT AND
NON-INTERFERENCE ARE HEREBY DISCLAIMED. ENTHOUGHT SHALL HAVE NO LIABILITY
WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR THE SOFTWARE
DELIVERED HEREUNDER FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENTHOUGHT'S LIABILITY UNDER
OR RELATED TO THIS AGREEMENT EXCEED $500.
11. Indemnity
Enthought will defend Licensee against any action brought against Licensee
by a third party to the extent that it is based on a claim that the
Software infringes a United States copyright, patent or other property
right, and indemnify and hold Licensee harmless against any and all costs,
damages and expenses (including reasonable legal fees) ("Losses") finally
awarded against Licensee by a court of competent jurisdiction or agreed to
in a written settlement agreement signed by Enthought arising directly out
of such claim. The foregoing is subject to the following: (a) Licensee must
notify Enthought promptly, in writing, of the claim, (b) Enthought shall
have sole control of the defense of any such claim and all related
settlement negotiations, and (c) Licensee shall provide Enthought with
reasonable assistance and information and authority to perform the above.
Notwithstanding this general indemnity, Enthought shall have no liability
for any claim of infringement based on (i) use of a superseded or altered
release of the Software, (ii) the combination, operation or use of the
Software with programs or data not furnished by Enthought if such
infringement would have been avoided by the use of the Software without
such programs or data, (iii) any modification of the Software, (iv) any
unauthorized use of the Software, or (v) any Third Party Software.
If, due to a claim contemplated above or the threat thereof, (i) the
Software is held by a court of competent jurisdiction, or in Enthought's
reasonable judgment may be held to infringe by such a court, or (ii)
Licensee receives a valid court order enjoining Licensee from using any of
the Software, or in Enthought's reasonable judgment Licensee may receive
such an order, Enthought may terminate this Agreement. THIS SECTION STATES
ENTHOUGHT'S ENTIRE LIABILITY AND LICENSEE'S EXCLUSIVE REMEDY FOR ANY CLAIM
OF INFRINGEMENT.
12. Remedies
The parties agree that due to the proprietary nature and high value of the
Software, any breach of this Agreement by Licensee will result in
irreparable injury to Enthought that cannot be compensated solely by
damages. Therefore, Enthought shall be entitled to seek and obtain
injunctive relief to protect the Software without posting bond. In addition
to its other remedies, Enthought shall also be entitled to recover its
attorneys' fees and costs in connection with enforcement of this Agreement
and collection of damages related thereto.
13. General
a) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas without giving effect to any
body of law or precedent relating to conflicts of law, and all disputes
arising under this Agreement shall be brought exclusively in a federal or
state court located in Travis County, Texas. Licensee consents to the
personal jurisdiction of such courts, and hereby waives any objection to
the venue of such courts.
b) Assignment. Licensee shall not assign any of its rights hereunder
without the prior written permission of Enthought. Such permission shall
not be unreasonably withheld.
c) Severability. In the event that any provision of this Agreement is held
to be invalid or unenforceable, the remaining provisions of this Agreement
will remain in full force and effect.
d) U.S. Government Restricted Rights. In the event Licensee is an agency,
department, or other entity of the United States Government ("Government"),
the use, duplication, reproduction, release, modification, disclosure, or
transfer of the Software, or any related documentation of any kind,
including technical data or manuals, is restricted in accordance with
Federal Acquisition Regulation 12.212 (as amended or supplanted) for
civilian agencies and Defense Federal Acquisition Regulation Supplement
227.7202 (as amended or supplanted) for military agencies. The Software is
commercial computer software and the related documentation is commercial
computer software documentation. The use of the Software and related
documentation is further restricted in accordance with the terms of this
Agreement, or any modification hereto. The Contractor/Manufacturer is
Enthought, Inc., 515 Congress Avenue, Suite 2100, Austin, Texas, U.S.A.
78701.
e) Export Restrictions. The Software is subject to the United States Export
Administration Regulations. The following table sets forth the export
control status for the Software:
Enthought Product ECCN License
Canopy Express 5D992 No License Required
This export control classification is for software which uses encryption
technology and is eligible for export to all countries, with certain
exceptions. Enthought products with this classification contain ancillary
cryptography due to the inclusion of OpenSSL open source software. Since
the Software is not primarily useful for communication, Enthought has
self-classified the OpenSSL component as 5D992. Further, pursuant to
License Exception TSU - ?740.13(e), the OpenSSL component of the Software
can be exported as NLR, no license required except to those countries
embargoed by the United States. By accepting this Agreement, you warrant
and represent to Enthought that you will comply with all applicable export
regulations for the Software as described and incorporated by reference
herein.
f) Entire Agreement. Each party acknowledges that it has read and
understands this Agreement and agrees to be bound by its terms. This
Agreement constitutes the complete Agreement between the parties and
supersedes all previous agreements or representations, written or oral,
with respect to the Software. This Agreement may not be modified or amended
except in writing signed by a duly authorized representative of each party.
In the event the terms of this Agreement and the terms by Licensee
conflict, the terms of this Agreement shall govern.
g) Force Majeure. Dates or times by which Enthought is required to make
performance under this Agreement shall be postponed automatically to the
extent that Enthought is prevented from meeting them by causes beyond its
reasonable control.
h) Waiver. The waiver or failure of Enthought to exercise in any respect
any right provided for in this Agreement shall not be deemed a waiver of
any further right hereunder.
Silk Icons¶
This product makes use of the Silk Icon Set, released by Mark James under the Creative Commons Attribution 2.5 License.
Web component licenses¶
Certain examples use Javascript and CSS libraries which are distributed under open-source licenses. Licenses for these libraries are distributed alongside or inside the source files, located under "examples/templates/assets".
7-Zip¶
This product uses parts of the 7-Zip program, which is licensed under the LGPL (www.7-zip.org). See deployment/resources for the full license text.