End User License Agreement for PingPlotter Pro and PingPlotter Standard

This license agreement ("Agreement") is a legal agreement between you, the "end user" or "you" (either as an individual or an entity), and Pingman Tools, LLC, an Idaho limited liability company ("Pingman Tools").

The software and any of its supporting documentation after referred to as the "product".

By installing or using the product, you indicate your complete and unconditional acceptance of these terms and conditions. If you do not agree to the terms and conditions of this Agreement promptly remove the product from your computer and destroy associated documentation.

Should there be any conflict between the terms and conditions of this Agreement and the terms and conditions of any other agreement between you and Pingman Tools or their servants or agents in relation to the product, the terms and conditions of this Agreement shall apply.

If any provision of this Agreement is found to be unlawful or void, then that provision shall be severed from this Agreement and will not affect the validity of the remaining provisions.

Information contained in this Agreement is subject to change without notice and does not represent a commitment or contracted obligation on the part of Pingman Tools.

For questions regarding this Agreement, please refer to this FAQ or contact Pingman Tools via email at support@pingman.com.

Evaluation License Agreement

This Evaluation License Agreement grants you a non-exclusive license to use the product for an evaluation period of fourteen (14) days from the date you install the product.

On the fifteenth (15) day after you installed the product you may either: (a) register the product by means of purchasing a license (single user or multi-computer license) from Pingman Tools, or (b) continue using the product as a free version with limited functionality.

The free version operates under the same terms as a single user license but with reduced functionality as determined by Pingman Tools.

Terms of Usage

Use Definition. The product is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".

License Definition. Subject to this Agreement and its terms and conditions, Pingman Tools hereby grants the end user a non-exclusive, non-transferable, non-sublicensable, limited license to use the product ("license"), during the term of the license. The rights granted herein are subject to the end user's compliance with this Agreement. The end user hereby acknowledges that no title or ownership in the product is being transferred or assigned, and this Agreement is not to be construed as a sale of any rights in the product.

License Term. The term of your license, whether a Single User or Multi-Computer user, commences on the date that you register and purchase the license after the end of the evaluation period and ends on the earlier date of either your disposal of the product or Pingman Tools termination of this Agreement ("term"). Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the product or if you otherwise use the product in breach of the terms of this Agreement.

Single User License

A single user license is a license for a single user and allows a single user to use the product on any single computer as long as the product is not in use simultaneously on any other computer. You may have the product installed on more than one computer, but the product cannot be used on more than one computer at any given time. For example, if you own two computers, you may only use the product on one computer at a time, although the product may be installed on both computers. This "reasonable use" clause applies only to the single user license.

Multi-Computer License

You may install the production version of the product to any number of computers provided that this number does not exceed the limit set in the license file purchased by you. For example, if you own a two-computer license, you may not install the product on 3 computers, even if you are only using it on two computers concurrently.

Ownership

Pingman Tools retains all rights, title and interest in the product, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, and any other rights not mentioned or registered or not and all applications thereof.

Limitation on Use

You may not: permit other individuals to use the product except under the terms listed above; permit concurrent use of the product other than specified under the Terms of Usage section above; modify, translate, reverse engineer, decompile, decrypt, extract, disassemble, or create derivative works based on the product; copy the product other than as specified in Terms of Usage section above; sell, rent, lease, grant a security interest in, or otherwise transfer rights to the product; or alter or remove any proprietary notices or labels on the product. You warrant that you will not use or redistribute the product for such purposes.

Limitation of Liability

Pingman Tools shall not in any event be liable for direct, indirect, special, incidental or consequential damages resulting from any defect in the product including damages from loss of data, downtime, goodwill, damage to or replacement of software, equipment or property, or any costs of recovering, re-programming, or reproducing any program or data used in conjunction with Pingman Tools or the product, even if Pingman Tools or an authorized dealer has been advised of the possibility of such damages.

Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation may not apply to you. This Limitation of Liability gives you specific legal rights, and you may also have other rights, which vary, from state to state or country to country.

Customer's Liability

The License Key supplied when a Single User License or Multi-Computer License is purchased remains the property and copyright of Pingman Tools. It is a breach of this Agreement to share the License Key with anyone or any entity for any purpose other than the purchaser's use - within the conditions of the Term of Usage section above. You will be held liable for misuse or publication (in any form) of the License Key.

Warranty

Pingman Tools warrants to you, if you are the initial and original purchaser of the product, that (a) the product will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt, and (b) Pingman Tools support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the product, if any, are limited to ninety (90) days.

Warranty Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE PRODUCT IS PROVIDED TO THE END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PINGMAN TOOLS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY , OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PINGMAN TOOLS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCT WILL MEET THE END USER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Export Regulations

The product, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import Software. The product may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.

Governing Law

This Agreement will be governed and interpreted by and under the laws of the state of Idaho, without giving effect to any conflicts of laws principles. The parties expressly consent to the personal jurisdiction and venue in the state and federal courts in Ada County, Idaho for any lawsuit filed arising from or related to this Agreement.

Copyright Notice

(C) Copyright 1998, 2026 Pingman Tools. All rights reserved.

The product is owned by Pingman Tools. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the product. The product is licensed, not sold. All rights in the product, including this Agreement, copyrights, licensing rights, patents, trademarks, trade secrets, design rights, engineering rights, moral rights, and any other intellectual property rights belong to Pingman Tools. These rights are not transferred as part of this Agreement.

No part of the product, including the License Key(s), may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the end user's use, without the express written permission of Pingman Tools.