License Agreement
Last updated: June 29, 2009
TeamDef
This End-User License Agreement (“EULA”) is a legal agreement between you (either
an individual or a single entity) and Application Aspect for the Application Aspect
software, which includes computer software (“Software”) and may include associated
media, printed materials and other documentation (“Documentation”).
YOU AGREE TO THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE
SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR
OTHERWISE USE THE SOFTWARE.
ARTICLE 1 - DEFINITIONS
“Software” means TeamDef and
its components, in Source Code or Object Code form for which Licensee has paid the
applicable license fees.
“Documentation” means all user
guides, reference manuals, other documentation accompanying Software, and all other
documentation otherwise made available by Application Aspect.
“Licensor” means Application
Aspect.
“Licensee” means the purchaser
of the license rights granted by this EULA (also referred to as “You”).
“Licensed Product” means the
Software and Documentation and any copies or modifications.
“User” means a human being or
any other automated device using the Software in accordance with the terms and conditions
of this EULA.
“Source Code” means the version
of software as it is originally written (i.e., typed into a computer) by a human
in plain text (i.e., human readable alphanumeric characters) that contain programming
statements and instructions that are not directly executable by the computer.
“Product Source Code” means Source Code that is used to develop
and create the Software for the Licensed Product as defined above.
“Sample Source Code” means Source
Code that is used to demonstrate the use of the Software for Licensed Product as
defined above.
“Object Code” means Source Code
that has been compiled (i.e., translated by a computer) into machine language by
a compiler and consists of a sequence of instructions (in the form of zeros and
ones) that the processor can understand. (e.g. a Dynamic Link Library (“DLL”), Statically
Linked Library (“LIB”), Active -X COM Component (“OCX”) or Executable (“EXE”) file).
“Statically Linked Libraries”
means binary Object Code that can be merged with other objects such as Dynamic Link
Libraries or Executables to form a single object file.
The Software 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.
ARTICLE 2 - LICENSE
2.1 License Grant.
Application Aspect grants you the following limited, non-exclusive,
non-transferable, non-refundable, non-assignable license, provided that you comply
with all terms and conditions of this EULA.
User License. Grants a license
for the use of a single user. You may install the Software on more than one computer
as long as the Software is used solely by the licensed user. You must purchase a
separate license for each individual user.
Subscription Privileges.You will
be offered free minor/major version upgrades, bug fixes, service packs, and customer
support for a period of one year starting on the purchase date. At the end of this
period, you may still use the Software, but you need to renew your subscription
to be eligible for all these services for another year.
2.2 Permitted Uses.
Subject to the terms and conditions of this EULA, Licensee may do the following:
(a) Copy the Software to either:
(i) Make one backup copy of the Software solely for backup purposes as long as all
copyright and other notices are reproduced and included on the backup copy; or
(ii) Transfer the Software to a hard disk as long as all copyright and other notices
are reproduced and included on hard disk copy and keep the original copy solely
for backup purposes.
(b) Solely with the respect to electronic help documentation,
you may make an unlimited number of copies (either in hardcopy or electronic form),
provided that such copies shall be used only for internal purposes and are not republished
or distributed beyond the Licensee’s premises;
2.3 Prohibited Uses.
Notwithstanding anything in this EULA to the contrary, Licensee may not do the following:
(a) Distribute in any manner the Product (Software).
(b) Distribute any portion of the Software or any derivative of any portion of the
Software in a software development product or otherwise in competition with Application
Aspect's distribution of the Software.
(c) In particular, if you create an application using the Software as a constituent
application, you are not licensed to distribute the application you created with
the Software to users.
(d) Modify, disassemble, decompile or "unlock", decode or otherwise reverse
translate or engineer, or attempt in any manner to reconstruct or discover any source
code or underlying algorithms of Software provided in object code form only.
(e) Use, copy, modify, merge or compile all or any portion of the Source Code or
Object Code of the Software except as expressly provided in this agreement.
(f) Disclose any Source Codes of the Software to any person or entity who is not
a Licensee of the Software.
(g) Use Licensed Product with any product that is distributed as Open Source or
is distributed under the terms of GNU General Public License (GPL) or where the
Source Code of the application is freely distributed.
(h) Expose the interfaces of the Software through your application. (e.g. an OCX,
DLL, class library, etc.).
(i) Make telecommunication transmittal of the Software.
(j) Transfer, rent, lease, or sublicense the Software.
2.4 Source Code.
Provided you have purchased a license to the source code, you may make modifications,
enhancements, derivative works and/or extensions to that licensed source code provided
to you under the terms set forth in this section 2.4.
(a) In the event you develop any modifications, enhancements, derivative works and/or
extensions to the licensed source code, either independently or jointly with Application
Aspect, such modifications, enhancements, derivative works and/or extensions and
all rights associated therewith will be the exclusive property of Application Aspect.
You will not grant, either expressly or impliedly, any rights, title, interest,
or licenses to any such modifications, enhancements, derivative works and/or extensions
to any third party. You will, however, be entitled to use such modifications, enhancements,
derivative works and/or extensions under the terms set forth in this agreement.
You hereby assign all right, title and interest in and to such modifications, enhancements,
derivative works and/or extensions to the licensed source code to Application Aspect.
You also agree to execute, acknowledge and deliver to Application Aspect all documents
and do all things Application Aspect deems necessary or desirable, at no cost to
you but at Application Aspect expense, to enable Application Aspect to obtain and
secure such modifications, enhancements, derivative works and/or extensions anywhere
in the World. You agree to secure all necessary rights and obligations from relevant
employees or third parties in order to satisfy the above obligations.
(b) You may not distribute the Application Aspect source code, or any modification,
enhancement, derivative work and/or extension thereto, in source code form.
(c) The source code contained herein and in related files is provided to the registered
developer for the sole purposes of education and troubleshooting. Under no circumstances
may any portion of the source code be distributed, disclosed or otherwise made available
to any third party without the express, prior written consent of Application Aspect.
(d) Under no circumstances may the source code be used in whole or in part, as the
basis for creating a product that provides the same, or substantially the same,
functionality as any Application Aspect product. You will not take any action, or
assist or otherwise aid anyone else in taking any action that would limit Application
Aspect’s independent development, sale, assignment, licensing or use of its own
software or any modification, enhancement, derivative work and/or extension thereto.
(e) You will not modify or delete, in whole or part, any copyright, trade secret,
proprietary, confidential or other notice thereon or therein without the express,
prior written consent of Application Aspect.
(f) If you purchase any license that includes source code in your organization,
all licenses for the same product in your organization must be purchased with source
code.
(g) YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT
APPLICATION ASPECT DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
2.5 Description of other rights and limitations
Deployment.You may not distribute the installation
package of the Software. You are required to ensure that the Software is not distributed
in any form.
License File.With your license, you will be issued
a unique License File used for the activation of the Software. License File is subject
to the restrictions set forth in this EULA and may not be disclosed or distributed
in any way. The disclosure or distribution of the License File constitutes a breach
of this EULA, the effect of which shall be the immediate termination and revocation
of all the rights granted herein.
Evaluation copy. If you are using an "evaluation
copy", specifically designated as such by Application Aspect, you can evaluate
Software for trial period of 30 days. Each evaluation is fully functional and comes
with help documentation and tutorials.
EVALUATION COPY MAY NOT BE USED FOR ANY COMMERCIAL PURPOSE.
Software transfers. You may not rent or lease the
Software. You may permanently transfer all of your rights under the EULA, provided
that you retain no copies, that you transfer all the Software (including all component
parts, the media and printed materials, any updates, upgrades, this EULA and, if
applicable, the Certificate of Authenticity), and that the transferee agrees to
be bound by the terms of this EULA. If the Software is an update or upgrade, any
transfer must include all prior versions of the Software.
Export. You shall be responsible for the payment
of all taxes, duties, or levies that may now or hereafter be imposed by any authority
upon this Agreement for the supply, use, or maintenance of the Software, and if
any of the foregoing taxes, duties, or levies are paid at any time by Application
Aspect, you shall reimburse Application Aspect in full upon demand.
ARTICLE 3 - INTELECTUAL PROPERTY RIGHTS
Ownership. This is a license agreement and NOT
an agreement for sale. Application Aspect continues to own the copy of the Software.
The use of this License does not create any kind of partnership or joint ownership
interest in the Licensee’s proprietary applications.
Copyright. All title and intellectual property
rights in and to the Software (including but not limited to any images, photographs,
animations, video, audio, music, text and "applets" incorporated into
the Software) are owned by Application Aspect, and are protected by the international
copyright treaties, as well as other intellectual property laws and treaties. All
rights not explicitly granted under this EULA are hereby reserved.
Licensee may not remove any proprietary notices, labels, trademarks on the Software
or Documentation. You may not use Application Aspects’ name, logo, or trademarks
to market your Developed Software without the express written consent of Application
Aspect.
ARTICLE 4 - TERMINATION
Term. This EULA shall remain in effect until terminated.
Termination by Licensee. Licensee may terminate
this EULA by returning the Licensed Product to Licensor within 30 days of purchase.
Termination by Licensor. Licensor may terminate
this EULA if Licensee breaches any of the terms and conditions of this EULA. Upon
termination of this EULA Licensee shall return the Licensed Product to Licensor
within 30 days after Licensee receives notice from Licensor that Licensee is terminating
this EULA.
Survival of Rights after Termination. All provisions
of this Agreement relating to disclaimers of warranties, limitation of liability,
remedies, or damages, and Licensor’s proprietary rights shall survive termination.
ARTICLE 5 - LIMITED WARRANTY AND DISCLAIMER
Limited Warranty. This software and documentation
are sold "as is" without any warranty as to their performance, merchantability
or fitness for any particular purpose. Licensor is not responsible for problems
caused by changes in the operating characteristics of computer hardware or computer
operating systems which are made after the release of the software or for problems
in the interaction of the Software with non-Licensor software. Licensee assumes
the entire risk as to the quality and performance of the software. Application Aspect
warrants that the media, if any, on which the Software is furnished will be free
from any defects in materials. Exclusive remedy in the event of a defect is expressly
limited to the replacement of media. To receive a replacement for defective media
under this limited warranty, return the defective media to Supplier during the Warranty
Period (30 days from the date of delivery), with proof of payment. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR
AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
Disclaimer. EXCEPT AS PROVIDED ABOVE, THE LICENSED
PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
LICENSED PRODUCT IS WITH LICENSEE.
ARTICLE 6 - LIMITATION OF LIABILITY
Limitation of Liability. In no event shall Application
Aspect or its suppliers be liable for any special, incidental, indirect or consequential
damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or other pecuniary
loss) arising out of the use or inability to use the Software, even if Application
Aspect or its dealer have been advised of the possibility of such damages. In any
case, the entire liability of Application Aspect shall be limited to the amount
actually paid by you for the Software.
ARTICLE 7 - GENERAL
Proper Notices. All notices and other communications
required or permitted under this EULA shall be deemed to have been given if mailed,
postage paid, transmitted by facsimile, personally delivered or delivered by a commercial
delivery service, to the address of the Licensee listed on file with the Licensor.
This is the Entire Agreement.
This EULA (including any addendum to this EULA included with the Software) is the
final, complete and exclusive statement of the entire agreement between you and
Application Aspect relating to the Software. No terms or conditions, other than
those contained herein, and no other understanding or agreement which in any way
modifies these terms and conditions, shall be binding upon the parties unless entered
into in writing executed between the parties. Employees, agents and other representatives
of Application Aspect are not permitted to orally modify this EULA.
Hierarchical DataGridView
This End-User License Agreement (“EULA”) is a legal agreement between you (either
an individual or a single entity) and Application Aspect for the Application Aspect
software, which includes computer software (“Software”) and may include associated
media, printed materials and other documentation (“Documentation”).
YOU AGREE TO THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE
SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR
OTHERWISE USE THE SOFTWARE.
ARTICLE 1 - DEFINITIONS
“Software” means Hierarchical
DataGridView and its components, in Source Code or Object Code form for which Licensee
has paid the applicable license fees.
“Documentation” means all user
guides, reference manuals, other documentation accompanying Software, and all other
documentation otherwise made available by Application Aspect.
“Licensor” means Application
Aspect.
“Licensee” means the purchaser
of the license rights granted by this EULA (also referred to as “You”).
“Licensed Product” means the
Software and Documentation and any copies or modifications.
“Developer” means a human being
or any other automated device using the Software in accordance with the terms and
conditions of this EULA.
“Developed Software” means those
computer software products that are developed by or through the use of the Software.
“Source Code” means the version
of software as it is originally written (i.e., typed into a computer) by a human
in plain text (i.e., human readable alphanumeric characters) that contain programming
statements and instructions that are not directly executable by the computer.
“Product Source Code” means Source Code that is used to develop
and create the Software for the Licensed Product as defined above.
“Sample Source Code” means Source
Code that is used to demonstrate the use of the Software for Licensed Product as
defined above.
“Object Code” means Source Code
that has been compiled (i.e., translated by a computer) into machine language by
a compiler and consists of a sequence of instructions (in the form of zeros and
ones) that the processor can understand. (e.g. a Dynamic Link Library (“DLL”), Statically
Linked Library (“LIB”), Active -X COM Component (“OCX”) or Executable (“EXE”) file).
“Statically Linked Libraries”
means binary Object Code that can be merged with other objects such as Dynamic Link
Libraries or Executables to form a single object file.
“Redistributable Files” means
the Software files or other portions of the Software that are provided by Application
Aspect and are identified as such in the Documentation for distribution by you with
the Developed Software.
The Software 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.
ARTICLE 2 - LICENSE
2.1 License Grant.
Application Aspect grants you the following limited, non-exclusive,
non-transferable, non-refundable, non-assignable license, provided that you comply
with all terms and conditions of this EULA.
Developer License. Grants a license
for the use of a single developer in an unlimited number of custom applications.
You may install the Software on more than one computer as long as the Software is
used solely by the licensed developer. You must purchase a separate license for
each individual developer.
Developer License Multi-pack.
Grants a license for the use of as many developers or computers as identified in
the multi-pack (e.g. a four user multi-pack allows you to use the Software on up
to four computers concurrently or by four different developers, the eight user multi-pack
on up to eight computers concurrently or by eight different developers).
Enterprise License. Grants a
license to an organization for the use of an unlimited number of developers in an
unlimited number of custom applications. You may install the Software on an unlimited
number of computers for only the use of developers within the organization.
Subscription Privileges. You
will be offered free minor/major version upgrades, bug fixes, service packs, and
customer support for a period of one year starting on the purchase date. At the
end of this period, you may still use the Software in your applications, but you
need to renew your subscription to be eligible for all these services for another
year.
2.2 Permitted Uses.
Subject to the terms and conditions of this EULA, Licensee may do the following:
(a) Copy the Software to either:
(i) Make one backup copy of the Software solely for backup purposes as long as all
copyright and other notices are reproduced and included on the backup copy; or
(ii) Transfer the Software to a hard disk as long as all copyright and other notices
are reproduced and included on hard disk copy and keep the original copy solely
for backup purposes.
(b) Incorporate the Object Code into software application products
that you develop;
(c) Modify the Object Code and incorporate the modified libraries into software
application products that you develop;
(d) Solely with the respect to electronic help documentation, you may make an unlimited
number of copies (either in hardcopy or electronic form), provided that such copies
shall be used only for internal purposes and are not republished or distributed
beyond the Licensee’s premises;
(e) Use and modify the Product Source Code (if provided) and the Sample Source Code
(“Product or Sample Source Code”), provided you do not distribute the Product or
Sample Source Code, or any modified version of the Product or Sample Source Code,
in Source Code form.
(i) Any changes that are made to the Source Code that is not provided by Licensor
will be the responsibility of Licensee, and Licensee will hold Licensor harmless
for Licensee’s additions.
(ii) Any changes made by Licensee directly to the Product Source Code, unless authorized
by Licensor, will not be covered under existing support agreements.
(f) Use the Software only to create Developed Software that is significantly different
than the Software.
(g) Use and distribute Developed Software on a royalty-free basis, provided that
the Developed Software incorporates the Software as an integral part of the Developed
Software in machine-language compiled format (customarily an ".exe", or
".dll", etc.).
(h) Distribute, on a royalty-free basis, Redistributable Files with Developed Software
only.
2.3 Prohibited Uses.
Notwithstanding anything in this EULA to the contrary, Licensee may not do the following:
(a) Distribute in any manner the Product or Sample Source Code or independent Statically
Linked Libraries of the Software.
(b) Distribute any portion of the Software or any derivative of any portion of the
Software in a software development product or otherwise in competition with Application
Aspect's distribution of the Software.
(c) In particular, if you create a control (or user control) using the Software
as a constituent control, you are not licensed to distribute the control you created
with the Software to users for development purposes.
(d) Modify, disassemble, decompile or "unlock", decode or otherwise reverse
translate or engineer, or attempt in any manner to reconstruct or discover any source
code or underlying algorithms of Software provided in object code form only.
(e) Use, copy, modify, merge or compile all or any portion of the Source Code or
Object Code of the Software except as expressly provided in this agreement.
(f) Disclose any Source Codes of the Software to any person or entity who is not
a Licensee of the Software.
(g) Use Licensed Product with any product that is distributed as Open Source or
is distributed under the terms of GNU General Public License (GPL) or where the
Source Code of the application is freely distributed.
(h) Expose the interfaces of the Software through your application. (e.g. an OCX,
DLL, class library, etc.).
(i) Users of the Developed Software may not use the Software or the Redistributable
Files, directly or indirectly, for development purposes.
(j) You may not add or transfer the Software License File to the computer where
the Developed Software is installed.
(k) Separate the software programs comprising the Software for
use by more than one user at a time.
(l) Make telecommunication transmittal of the Software.
(m) Transfer, rent, lease, or sublicense the Software.
2.4 Source Code.
Provided you have purchased a license to the source code, you may make modifications,
enhancements, derivative works and/or extensions to that licensed source code provided
to you under the terms set forth in this section 2.4.
(a) While Application Aspect does not claim any ownership rights in applications,
frameworks or components developed using the Software, in the event you develop
any modifications, enhancements, derivative works and/or extensions to the licensed
source code, either independently or jointly with Application Aspect, such modifications,
enhancements, derivative works and/or extensions and all rights associated therewith
will be the exclusive property of Application Aspect. You will not grant, either
expressly or impliedly, any rights, title, interest, or licenses to any such modifications,
enhancements, derivative works and/or extensions to any third party. You will, however,
be entitled to use such modifications, enhancements, derivative works and/or extensions
under the terms set forth in this agreement. You hereby assign all right, title
and interest in and to such modifications, enhancements, derivative works and/or
extensions to the licensed source code to Application Aspect. You also agree to
execute, acknowledge and deliver to Application Aspect all documents and do all
things Application Aspect deems necessary or desirable, at no cost to you but at
Application Aspect expense, to enable Application Aspect to obtain and secure such
modifications, enhancements, derivative works and/or extensions anywhere in the
World. You agree to secure all necessary rights and obligations from relevant employees
or third parties in order to satisfy the above obligations.
(b) You may not distribute the Application Aspect source code, or any modification,
enhancement, derivative work and/or extension thereto, in source code form.
(c) The source code contained herein and in related files is provided to the registered
developer for the sole purposes of education and troubleshooting. Under no circumstances
may any portion of the source code be distributed, disclosed or otherwise made available
to any third party without the express, prior written consent of Application Aspect.
(d) Under no circumstances may the source code be used in whole or in part, as the
basis for creating a product that provides the same, or substantially the same,
functionality as any Application Aspect product. You will not take any action, or
assist or otherwise aid anyone else in taking any action that would limit Application
Aspect’s independent development, sale, assignment, licensing or use of its own
software or any modification, enhancement, derivative work and/or extension thereto.
(e) You will not modify or delete, in whole or part, any copyright, trade secret,
proprietary, confidential or other notice thereon or therein without the express,
prior written consent of Application Aspect.
(f) If you purchase any license that includes source code in your organization,
all licenses for the same product in your organization must be purchased with source
code.
(g) YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT
APPLICATION ASPECT DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
Object Code. In addition to the license and rights
granted in Section 2.2, Application Aspect grants you a nonexclusive, royalty-free
right to reproduce and distribute the object code version of those portions of the
Software designated in the Software as:
(a) Those portions of the Software which are identified in the documentation as
the VBX ("VBX") and/or OCX ("OCX") Controls and/or DLL Controls
and/or class files and/or jar files.
(b) Those portions of the Software which are identified in the documentation as
REDISTRIBUTABLE DLLs ("DLLs") (collectively the "REDISTRIBUTABLES")
provided:
(i) You distribute the REDISTRIBUTABLES in object code form only in conjunction
with and as part of your software application product which adds significant and
primary functionality.
(ii) You do not use Application Aspect’s name, logo or trademarks to market your
software application product.
(iii) You include a valid copyright notice on your Software.
2.5 Description of other rights and limitations
Deployment. You may not distribute the installation
package of the Software, which includes the license file that is needed for design-time
only. You may only distribute the run-time components (server control dll files,
script files, include directories) as an integral part of your application. You
are required to ensure that the Software is not distributed in any form that allows
it to be reused by any application other than yours. When you deploy your application,
your customer is not permitted to use the Software independent of your application.
Your application cannot provide the same functionality as the Software, and you
cannot grant redistribution rights for the Software to your end-users.
License File. With your license, you will be issued
a unique License File used for the activation of the Software. License File is subject
to the restrictions set forth in this EULA and may not be disclosed or distributed
either with your Developed Software or in any other way. The disclosure or distribution
of the License File constitutes a breach of this EULA, the effect of which shall
be the immediate termination and revocation of all the rights granted herein. Software
License File has to be registered with Application Aspect in order to receive support
or distribution rights.
Evaluation copy. If you are using an "evaluation
copy", specifically designated as such by Application Aspect, you can evaluate
any product free for unlimited trial period. There is no expiration date for the
trial period. However, you will not be able to use the component in a production
environment as it will generate a reminder, from time to time. Each evaluation is
fully functional and comes with complete sample projects that include full source
code, help documentation and tutorials.
ANY “DEVELOPED SOFTWARE” DEVELOPED WITH THE EVALUATION COPY MAY NOT BE DISTRIBUTED
OR USED FOR ANY COMMERCIAL PURPOSE.
Software transfers. You may not rent or lease the
Software. You may permanently transfer all of your rights under the EULA, provided
that you retain no copies, that you transfer all the Software (including all component
parts, the media and printed materials, any updates, upgrades, this EULA and, if
applicable, the Certificate of Authenticity), and that the transferee agrees to
be bound by the terms of this EULA. If the Software is an update or upgrade, any
transfer must include all prior versions of the Software.
Export. You shall be responsible for the payment
of all taxes, duties, or levies that may now or hereafter be imposed by any authority
upon this Agreement for the supply, use, or maintenance of the Software, and if
any of the foregoing taxes, duties, or levies are paid at any time by Application
Aspect, you shall reimburse Application Aspect in full upon demand.
ARTICLE 3 - INTELECTUAL PROPERTY RIGHTS
Ownership. This is a license agreement and NOT
an agreement for sale. Application Aspect continues to own the copy of the Software.
The use of this License does not create any kind of partnership or joint ownership
interest in the Licensee’s proprietary applications.
Copyright. All title and intellectual property
rights in and to the Software (including but not limited to any images, photographs,
animations, video, audio, music, text and "applets" incorporated into
the Software) are owned by Application Aspect, and are protected by the international
copyright treaties, as well as other intellectual property laws and treaties. All
rights not explicitly granted under this EULA are hereby reserved.
Licensee may not remove any proprietary notices, labels, trademarks on the Software
or Documentation. You may not use Application Aspects’ name, logo, or trademarks
to market your Developed Software without the express written consent of Application
Aspect. You must include the following Application Aspect copyright notice in your
Developed Software documentation and/or in the "About Box" of your Developed
Software, and wherever the copyright/rights notice is located in the Developed Software
(“Portions Copyright © Application Aspect, 2006. All Rights Reserved.”).
ARTICLE 4 - TERMINATION
Term. This EULA shall remain in effect until terminated.
Termination by Licensee. Licensee may terminate
this EULA by returning the Licensed Product to Licensor within 30 days of purchase.
Termination by Licensor. Licensor may terminate
this EULA if Licensee breaches any of the terms and conditions of this EULA. Upon
termination of this EULA Licensee shall return the Licensed Product to Licensor
within 30 days after Licensee receives notice from Licensor that Licensee is terminating
this EULA.
Survival of Rights after Termination. All provisions
of this Agreement relating to disclaimers of warranties, limitation of liability,
remedies, or damages, and Licensor’s proprietary rights shall survive termination.
ARTICLE 5 - LIMITED WARRANTY AND DISCLAIMER
Limited Warranty. This software and documentation
are sold "as is" without any warranty as to their performance, merchantability
or fitness for any particular purpose. Licensor is not responsible for problems
caused by changes in the operating characteristics of computer hardware or computer
operating systems which are made after the release of the software or for problems
in the interaction of the Software with non-Licensor software. Licensee assumes
the entire risk as to the quality and performance of the software. Application Aspect
warrants that the media, if any, on which the Software is furnished will be free
from any defects in materials. Exclusive remedy in the event of a defect is expressly
limited to the replacement of media. To receive a replacement for defective media
under this limited warranty, return the defective media to Supplier during the Warranty
Period (30 days from the date of delivery), with proof of payment. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR
AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
Disclaimer. EXCEPT AS PROVIDED ABOVE, THE LICENSED
PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
LICENSED PRODUCT IS WITH LICENSEE.
ARTICLE 6 - LIMITATION OF LIABILITY
Limitation of Liability. In no event shall Application
Aspect or its suppliers be liable for any special, incidental, indirect or consequential
damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or other pecuniary
loss) arising out of the use or inability to use the Software, even if Application
Aspect or its dealer have been advised of the possibility of such damages. In any
case, the entire liability of Application Aspect shall be limited to the amount
actually paid by you for the Software.
ARTICLE 7 - GENERAL
Proper Notices. All notices and other communications
required or permitted under this EULA shall be deemed to have been given if mailed,
postage paid, transmitted by facsimile, personally delivered or delivered by a commercial
delivery service, to the address of the Licensee listed on file with the Licensor.
This is the Entire Agreement.
This EULA (including any addendum to this EULA included with the Software) is the
final, complete and exclusive statement of the entire agreement between you and
Application Aspect relating to the Software. No terms or conditions, other than
those contained herein, and no other understanding or agreement which in any way
modifies these terms and conditions, shall be binding upon the parties unless entered
into in writing executed between the parties. Employees, agents and other representatives
of Application Aspect are not permitted to orally modify this EULA.
You agree to indemnify, hold harmless, and defend Application
Aspect, its suppliers and resellers, from and against any claims or lawsuits, including
attorney's fees that may arise from the use or distribution of your Developed Software.