CAST Highlight Code Reader End-User License Agreement

This product (the “Code Reader”, f/k/a “Local Agent” or “Agent”) is downloadable from the CAST Highlight website as may be provided by CAST from time to time, and is protected by copyright © 2023 CAST. The Code Reader may only be used in connection with the terms of privacy and security available at the URL: https://www.castsoftware.com/privacy and with the specific commercial terms (scope, price and duration of the Services) set out in the order for the subscription to the CAST Highlight SaaS (the “Services”) that was placed with CAST (each an “Order”). The party who will be installing the Code Reader will be referred to herein as the “End User.”

By downloading the Code Reader and clicking on “Accept” below, the End User agrees to the following terms:

The Code Reader is a technical software component which includes some third-party components, including a PERL runtime, released under the GNU General Public License: http://www.gnu.org/licenses/gpl.html; a list of the remaining third party components can be found at the following URL: https://doc.casthighlight.com/third-party-components/. All other components are Copyright © 2010-2023 CAST S.A. All rights reserved. The Code Reader is made available via the CAST Highlight website and, to the extent applicable to the End User, is governed either by: (i) the previously and mutually agreed CAST Highlight Terms and Conditions as outlined in an executed agreement for the use of the Services; or (ii) by the CAST Highlight Terms and Conditions available in electronic format at the URL: https://doc.casthighlight.com/cast-highlight-terms-conditions/, if the End User is not in privity of contract with CAST. The terms and conditions described in (i) or (ii) above are collectively referred to as the “Terms and Conditions”. CAST grants the applicable End User a non-assignable, non-transferable, non-exclusive right to use the Code Reader at no charge for the sole purpose of enabling the permitted use of the Services, as described in the corresponding Order, in the manner permitted by the applicable Terms and Conditions. The End User is granted the right to install and execute copies of the Code Reader on any number of workstations owned or controlled by the End User and/or to distribute copies of the Code Reader to third parties operating under its direction and control. As a condition of the foregoing grant, the End User must provide a copy of this CAST Highlight Local Code Reader End-User License Agreement (“Code Reader EULA”) along with each copy of the Code Reader that the End User distributes. The End User must not remove, alter or obscure this Code Reader EULA. All other use, reproduction, modification, distribution, or other exploitation of the Code Reader is prohibited.

 

The grant of use of the Code Reader will be automatically terminated (a) if the End User or third parties under its direction and control violate this Code Reader EULA or (b) if the End User exceeds – or, where applicable, would cause the third party who placed the Order with CAST to exceed – the scope as outlined in the corresponding Order or (c) if the End User violates – or, where applicable, would cause the third party who placed the Order to violate – any of the applicable Terms and Conditions. In the event of termination of the rights contained herein, the End User shall immediately uninstall any and all copies of the Code Reader on all equipment upon which the Code Reader had been installed.

 

The Code Reader is provided “AS IS” WITHOUT ANY WARRANTY of any kind, including completeness or fitness for a particular purpose, accuracy or reliability, and CAST expressly disclaims any warranty with respect thereto. The End User expressly assumes all of the risks thereof. In no event will CAST be liable for consequential, special, incidental, indirect damages, loss of profits or revenue, loss of use of data, disks, or programs, costs for recovering data. The End User recognizes that the Code Reader may contain errors and that not all errors may be corrected at reasonable and sustainable cost, nor require correction. The End User is solely responsible for the download, installation and use of the Code Reader itself or by a third party under its direction and control on its or such third party’s equipment, facilities and network. Notwithstanding the above, CAST’s liability for any direct damages resulting from End User’s use of the Code Reader as permitted herein shall not exceed, under any circumstances, the limitation of liability as outlined in the applicable Terms and Conditions.