END-USER LICENSE AGREEMENT FOR INOAGE SOFTWARE
MADRIX Software License Agreement
MADRIX 5 Software
Last Update: 07/2024
This end-user license agreement ('EULA') is a legal agreement between you and the company inoage GmbH ('inoage'). This EULA governs your use of the MADRIX 5 Software ('Software') but not its acquisition, and thereby does not refer to your purchase contract.
IMPORTANT NOTE
PLEASE CAREFULLY AND THOROUGHLY READ THIS EULA. MAKE SURE THAT YOU FULLY UNDERSTAND ALL INFORMATION. BY CONTINUING THE INSTALLATION AND/OR BY USING THIS SOFTWARE, YOU CONFIRM THAT YOU HAVE READ THE EULA, ACCEPT ALL OF ITS TERMS AND CONDITIONS WITHOUT RESERVATIONS, AND AGREE THAT YOU THUS BECOME LEGALLY BOUND TO THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE STOP THE INSTALLATION PROCESS. YOU CAN DO SO BY CLICKING 'CANCEL' OR SIMILAR (DEPENDING ON THE TECHNICAL OR LINGUISTIC IMPLEMENTATION).
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS BUT HAVE ALREADY INSTALLED THE SOFTWARE, PLEASE IMMEDIATELY REMOVE, DELETE, AND DESTROY ALL COPIES OF IT AND ASSOCIATED DOCUMENTS AND DATA.
VALIDITY
This EULA is only valid for the currently used version of the Software as indicated by the Software under the menu 'Help > About... > Version'. This EULA does not automatically extend to any updates of the Software that may be available in the future.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The Software or any part thereof is licensed 'as is' and without warranty of any kind.
inoage does not grant guarantee on validity for a particular reason, the marketability, or other properties of the product. There is no way to assert a claim to inoage, neither in the legal way nor in other ways. inoage is not responsible for damages, including all disadvantages that are not just limited to the loss of sales, but that are caused due to the use of the product, due to the loss of serviceability of the product, due to misuse, happenings, circumstances, or actions that inoage does not have influence on, no matter if the damages as well as consequential damages are direct or indirect, incidental or consequential; whether they are special damages or others, nor if the damage is caused by the owner of the warranty or a third person.
Any and all such warranties are disclaimed likewise by contributors, licensors, and third parties of third-party software, SDKs, and drivers that enable specific features of the Software.
You accept that you are using the Software at your own and sole risk. This also refers to the level of satisfaction regarding its quality, features, and performance.
USAGE RIGHTS
inoage conceded you the limited, non-exclusive right to use this Software, and the associated documents and files, in accordance with the terms of this EULA. The Software is 'used' on a computer or similar hardware system when it has been loaded or installed on a storage device of the computer, including but not limited to hard disks, SSDs, non-volatile memory, or similar, or loaded into memory in general. The Software usage rights are thus not sold but conceded under license.
Full ownership over the Software and all rights that are not expressly granted to you by this license remain with inoage.
DEMO MODE
The Software can be downloaded for free from the website www.madrix.com and runs in demo mode if you do not connect a valid and activated MADRIX KEY to your computer. This trial version can be used for evaluation, demonstration, and testing purposes, but its data output is limited through various means; mainly there is no output of any control data. A MADRIX KEY is a special USB security dongle available for purchase that holds a valid software license when purchased and correctly activated.
Extended use of the Software in demo mode; especially, but not limited to, for commercial purposes, production work, and lighting control in live productions or fixed installations, is prohibited.
SOFTWARE LICENSE AND AUTHORIZED USE
You can buy a MADRIX KEY that holds a software license after its purchase and activation, which disables the demo mode and fully unlocks the Software and its data output. The MADRIX KEY can be used flexibly with different computers if needed, but only unlocks the full license once, i.e. at one computer at a time. A full license can only be unlocked by using a valid MADRIX KEY with a valid software license.
You are only authorized to use the Software extensively and unlimitedly when it is fully unlocked by use of a valid MADRIX KEY with a valid software license, especially, but not limited to, for commercial purposes, production work, and lighting control in live productions or fixed installations.
RESTRICTIONS
You are not allowed to or allowed to attempt to and agree to not enable others to:
(a) add to, alter, decode, decompile, delete from, disassemble, decrypt, edit, modify, recompile, rename, reverse-engineer the whole Software or any part thereof, otherwise attempt to derive or gain access to the source code, reduce the compiled binary assembly to human-readable form, or create derivative works from the Software or any part thereof;
(b) decode, disassemble, recompile, reconstruct, recreate, or reverse-engineer any protocols that are used by the Software or any part thereof, including but not limited to Ethernet-based protocols and USB-based protocols that are received or sent out by the Software;
(c) alter, delete, remove, or obscure any identification of the Software, copyright notices, or any other notes relating to the property restrictions of the Software or any part thereof;
(d) bypass, circumvent, overcome, or work around any technical or non-technical means, restrictions, or limitations that are put in place in or together with the Software;
(e) copy whole or parts of the Software's documentation;
(f) record content, i.e. control data, generated by the Software. This refers to the recording of effects, visuals, and animations generated by the built-in effect generators of this Software or other parts of the Software, and includes static content as well as moving content. It does not refer to recording to or for MADRIX hardware, like MADRIX PLEXUS and MADRIX AURA. Recording means saving such content as data in machine-readable form to be able to play it back independently and in stand-alone form from another device or software, which does not require the Software or specified MADRIX hardware product to run;
(g) redistribute or resell unauthorizedly recorded content, as established under (f), to third parties;
(h) use the Software, and especially the data output it generates, without a valid and activated MADRIX KEY connected to the computer that runs the Software. Output refers to DMX-based or DVI-based control data that is sent to compatible fixtures, hardware controllers, or software controllers.
PERMISSIONS
(a) You are allowed to install, run, and use the Software, and especially the data output it generates, as long as you have a valid and activated MADRIX KEY connected to the computer that runs the Software.
(b) As an exception, you may run the Software in demo mode for evaluation, demonstration, and testing purposes as described above.
EDUCATIONAL PRICING
You may ask for special pricing when having the intention to use the Software in academic, educational, non-commercial, or non-profit environments.
Usage of the Software procured in this way is then only allowed to be used as specified during procurement, i.e. in such academic, educational, non-commercial, or non-profit environments.
TERMINATION
This license agreement is effective until terminated. You can terminate it at any time by removing, deleting, and destroying all files of the Software and associated copies. This EULA will also automatically terminate if you fail to comply with one or more of its clauses. In this case, you must remove, delete, and destroy the Software and all the associated data, documents, and copies immediately.
COPYRIGHT AND PROPERTY
This Software and all of its source code are the exclusive property of inoage, except where otherwise noted, and are protected by the laws in force on copyright and intellectual property. MADRIX is a registered trademark of inoage GmbH. All other company and product names may be trademarks of their respective companies.
THIRD PARTIES
Third-party copyright information and legal notices are accessible or point to further information under the Software's menu 'Help > About... > Third Parties' or corresponding chapters in the Software's user manual.
Certain third-party software, including features provided by the operating system, and/or SDKs and drivers are required for specific features of the Software. Please note that all these tools may be subject to their own, separate end-user license agreements or similar terms and conditions.
MEDIA USAGE
Certain features of the Software allow you to load, use, show, display, manipulate, and output digital media and content, such as videos and images.
By using these features and digital files, you confirm that you are using non-copyrighted media, media to which you hold the copyright, or copyrighted media that you are expressly allowed or authorized to load, use, show, display, manipulate, and output.
PRIVACY POLICY AND CONSENT TO USE OF DATA
The following information will be automatically transmitted and is sent to inoage or inoage-controlled web servers once during every start of the Software if the Software detects an active online connection to the Internet:
• UUID – A unique, randomly generated identifier to assign the following items to a single instance.
• Operating System – The name and version number of the currently used operating system.
• MADRIX Software – The version number of the currently used Software.
• MADRIX KEY – The current availability of a MADRIX KEY and its serial number.
• MADRIX Software License – The currently used software license, including licensed DMX-based output channels and licensed DVI-based output pixels.
• Language Of The MADRIX Software – The currently chosen language for the user interface of the Software.
• IP Addresses – The currently automatically assigned network identifiers for all available local network adapters.
• MAC Addresses – Other identifiers of computer systems regarding all available local network adapters.
Although this information is sent anonymously, please understand that thus you are relaying data to inoage that might be considered as personal and individually identifiable information.
inoage technical support team may also ask you to send associated files, such as a logfile, MADRIX 5 Setup file, or similar files created with the Software in order to help you in case you have a request. These files include additional information about the Software usage and used computer system and are used to troubleshoot issues you may be reporting and to help you with your request. This information or contained information (such as descriptions, labels, or file names) may also be seen as sensitive information.
inoage technical support team may also ask you to allow remote connection to your Internet-connected computer via the provided Quick Support tool. As this procedure usually grants full access to your computer, please understand that you thereby may be relaying information to inoage personnel that might be considered as personal and individually identifiable information. All personnel are instructed to operate this remote support connection with the utmost caution and confidentiality.
Service charges may apply for your computer's access to the Internet and transmission of data.
CONTACT
You may contact inoage regarding your data and information rights using the following contact details:
inoage GmbH
Wiener Straße 56
01219 Dresden
Germany
Phone: +49 351 862 6869 0
Fax: +49 351 862 6869 68
E-mail:
Web: https://www.madrix.com
ACCESS
This EULA will also be made directly available as a text file in the installation directory of the Software.
CONSENT
By continuing the installation process, that is by clicking 'I Agree' or similar (depending on the technical or linguistic implementation), you hereby confirm that you have read, consent to the described terms and conditions, and accepted the EULA as provided above.