Dragonfly Non-Commercial Licensing

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REQUEST A NON-COMMERCIAL LICENSE

We proudly support academic research and the advancement of imaging science by providing a full-featured, non-commercial version of Dragonfly free-of-charge.

Non-commercial licenses are granted free-of-charge to qualified researchers, academics, and non-commercial developers for non-profit research or development purposes. Non-commercial licenses are valid for a one-year period and can be renewed annually at no charge.

The term non-commercial, as used in the context of Dragonfly licensing, means academic research or other activities that are not undertaken for financial gain, advantage, or other reward and that are not intended to produce works, services, or data for commercial use. However, you should note that whether a particular use of Dragonfly is non-commercial or commercial depends on the use of the software, not the user.

Examples of non-commercial use include:

  • Research conducted within a non-profit institution, without any intent on seeking any commercial advantage or financial gain. Activities within a non-profit institution that are funded by commercial sponsors or public/private sponsorships usually require a commercial license.
  • Use of the software within an academic setting for course study, research, training, and instructional purposes. This includes universities in which tuition fees are charged.
  • Preparation of material for academic papers, conferences, and books are considered to be non-commercial activities. You should note that the publication of results obtained with Dragonfly should include an appropriate citation. See How to Cite Dragonfly for more information.
  • Activities that indirectly generate revenue — such as clips posted on YouTube or Vimeo — are considered to be non-commercial activities. However, the creation of content that a viewer must pay to access is not.
  • Non-commercial developers can use the software for personal activities, for experimentation, or for self-training purposes. These activities can include developing new plug-ins and functionality, facilitating teamwork in non-profit academic development labs or in non-commercial group projects. Use of Dragonfly for any commercial undertaking, such as selling apps, requires a commercial license.

Examples of commercial use include:

  • Use of the software within a commercial enterprise, whether for research purposes, product development, manufacturing, or inspection, if those activities are directly related to regular work activities or to generate revenue, profit, or any other advantage.
  • Use of Dragonfly to generate or develop educational materials or resources which will be sold in exchange for a fee.
  • Use by non-profit organizations to support activities that are intended toward securing a commercial advantage or the generation of revenue, monetary compensation, or other advantage requires a commercial license.
  • Use of Dragonfly (or any related materials or resources) within a non-academic textbook, journal, or other publication, whether the material is distributed for a fee or not, falls under commercial use.

ORS management reserves the right to revoke all non-commercial licensing privileges.

The terms of this License form a binding agreement between individual users or organizations ("Licensee", "you" or "your") and Object Research Systems (ORS) Inc. ("ORS", "Licensor", "we", "our" or "us") regarding your non-commercial use of Dragonfly ("Software", "Program", or "Application"). Dragonfly is a 3D visualization and analysis application designed for researchers and engineers in the fields of materials and life sciences, geoscience, manufacturing, and industrial inspection that includes its source code, installers, services, language files, and associated documentation.

This Agreement covers your permitted download, installation, and use of ORS licensed materials and the Dragonfly software. BY "INSTALLING" THE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you do not agree with the terms of this Agreement, you may not install the Software or use ORS licensed materials.


SCOPE

  • This Agreement describes the licensing of the Software provided to you on a non-commercial basis.
  • If you plan to use Dragonfly on a commercial basis, you must separately purchase a commercial-use license.

GENERAL

A non-exclusive, non-transferable, license is granted to you free-of-charge for a period of one (1) year to install and use one (1) copy of the Software for academic and non-profit research purposes. You may not network the Software or otherwise install it or use it on more than one computer at a time. Use of the Software under this license is restricted to non-commercial purposes only.


PERMITTED USE

You agree to use the Software, and any modifications, improvements, or derivatives of the Software that you may create (collectively, "Improvements") solely for internal, non-commercial purposes and shall not distribute or transfer the Software or Improvements to any person or third parties, without prior written permission from ORS. The term "non-commercial", as used in this License, means academic or other scholarly research which; (a) is not undertaken for profit; or (b) is not intended to produce works, services, or data for commercial use; or (c) is neither conducted, nor funded, by a person or an entity engaged in the commercial use, application or exploitation of works similar to the Software.


RESTRICTIONS

You are specifically prohibited from:

  • Transferring, assigning, sublicensing, or renting the Software or using it in any type of outsourcing environment where the functionality of the Software is provided to a third party.
  • Causing or permitting the reverse engineering, decompiling, disassembly, or translation of the Software to create a functional equivalent.
  • The Software is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
  • Evaluating or using, or facilitating the evaluation of use, of the Software for the purpose of competing with ORS.

PROPRIETARY RIGHTS

The Software is licensed, not sold. Your license confers no title or ownership of the Software.

The Software, workflow processes, user interface, designs, know-how, and other technologies provided by ORS as part of the Software are the proprietary property of ORS and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with ORS and its licensors. The Software is protected by applicable copyright and other intellectual property laws. You may not remove any product identification, copyright, trademark, or other notice from the Software.

You agree that any Improvements made by the Licensee shall be subject to the same terms and conditions as the Software. You agree not to assert a claim of infringement in Licensee copyrights in Improvements in the event ORS prepares substantially similar modifications or derivative works.

If you receive a request to furnish all or any portion of the Software to a third party, the Licensee will not fulfill such a request, but will refer the third party of ORS so that the third party's use of the Software will be subject to the terms and conditions of this License.


ACKNOWLEDGEMENT

You agree that any publication of results obtained with the Software will be acknowledged by an appropriate citation. Refer to How to Cite Dragonfly for information about citing Dragonfly.


NO MAINTENANCE OR SUPPORT

The Software and all related materials and resources are licensed to you without any offer or promise to; (a) provide maintenance or support for the Software; (b) notify you of bug fixes, patches, or upgrades to the Software (if any). If in its sole discretion, ORS makes a bug fix, patch, or upgrade available to you and does not separately enter into a written license agreement with you relating to such a bug fix, patch, or upgrade, then it shall be deemed incorporated into the Software and subject to this agreement.

Please note that a maintenance plan, which provides support services and other advantages, can be purchased for non-commercial licenses. Learn more about our Maintenance Plans.


DISCLAIMER OF WARRANTIES

THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORS AND ITS LICENSORS; (a) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (b) DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE; (c) DO NOT REPRESENT THAT USE OF THE SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS; (d) DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.


LIMITATION OF LIABILIITY

IN NO EVENT WILL ORS OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF ORS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL ORS' LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.


TERMINATION

Either party may terminate this agreement immediately upon material breach of the other party. Upon termination of this agreement, you must discontinue all use of the Software, de-install, and destroy the original and all copies, full or partial, of the Software, including any modifications or derivative works and documentation. Upon ORS request, users will provide written certification of such compliance.


ENFORCEABILITY

If any provision of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent deemed omitted from the License. Such an omission will not affect the validity of the remaining provisions of the License, which will remain in full force and effect.

This agreement may only be amended, altered, or modified by an instrument in writing, specifying such amendment, alteration, or modification, executed by both parties.


AUDIT

Licensees shall keep all necessary records for the purpose of determining compliance with their obligations under this agreement. ORS or its representatives shall have the right to audit, by prior appointment, relevant records and accounts that may contain information regarding the Licensee's exercise of their rights and the performance of their obligations under this Agreement. Any information so revealed to ORS shall be kept in confidence and used solely for the purpose of verifying compliance with this Agreement. The rights and obligations of this section shall survive the expiration or termination of this Agreement.


DELIVERY OF THE SOFTWARE

The Software will be delivered to the Licensee by means of an Internet download. Installation of the Software is the responsibility of the Licensee.

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