| @@ -0,0 +1,269 @@ | |||
| Chilkat Software License | |||
| PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE | |||
| PACKAGE. IF YOU OPEN THIS PACKAGE OR KEEP IT FOR MORE THAN | |||
| THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF | |||
| THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND | |||
| CONDITIONS, DO NOT OPEN THIS SOFTWARE PACKAGE. YOU MAY ONLY | |||
| UNLOCK AND/OR USE THE SOFTWARE FOR WHICH YOU HAVE A PAID-UP | |||
| LICENSE OR FOR WHICH YOU HAVE LEGALLY RECEIVED AN UNLOCK | |||
| KEY. | |||
| (1) DEFINITION OF TERMS | |||
| "Documentation": any explanatory written or on-line | |||
| material including, but not limited to, user guides, | |||
| reference manuals and HTML files. | |||
| "Licensee": shall refer to the individual licensee, whether | |||
| as an individual programmer, company, or other organization. | |||
| "Software": All material in this distribution including, but | |||
| not limited to, one or more of the following: source code, | |||
| object code, byte code, dynamic-link libraries, shared | |||
| libraries, static libraries, header files, executables, | |||
| scripts, sample programs, utility programs, makefiles and | |||
| Documentation. | |||
| "Licensed Software": the Software for which Licensee has | |||
| paid the applicable license fee and received an authorized | |||
| unlock key. | |||
| "Software Application Programming Interface ("API")": the | |||
| set of access methods, whether provided by Chilkat Software, | |||
| third parties, or developed by Licensee, through which the | |||
| programmatic services provided by the Licensed Software are | |||
| made available. | |||
| "Application" or "Your Application" means a software application | |||
| that You develop which incorporates all or parts of the | |||
| Licensed Software. | |||
| The Licensed Software contains certain runtime libraries and | |||
| files intended for duplication and distribution by Licensee | |||
| within End User Software Products to the user(s) of the End | |||
| User Software Product(s) (the "Redistributable Components"). | |||
| The Redistributable Components are those files specifically | |||
| designated as being distributable as part of the Licensed | |||
| Software. | |||
| SPECIAL LIMITED TERM EVALUATION LICENSE | |||
| If Licensee has downloaded a copy of the Software | |||
| for evaluation purposes, Chilkat Software, Inc. ("Chilkat") | |||
| grants to Licensee, subject to the terms of this | |||
| License Agreement (excluding Section 3, under which Licensee | |||
| has no rights) a non-exclusive, non- transferable, non- | |||
| concurrent limited internal use license for evaluation | |||
| purposes only. This license is for a period of thirty (30) | |||
| days, commencing from Licensee's initial downloading | |||
| date, to evaluate the Software. If the Software is | |||
| acceptable, Licensee agrees to promptly notify his Chilkat | |||
| Sales Representative. Otherwise, Licensee shall immediately | |||
| cease any further use of the Software. | |||
| (2) GENERAL | |||
| The Software is owned by Chilkat Software, Inc. ("Chilkat") | |||
| and is protected by U.S. copyright laws and other laws and | |||
| by international treaties. It is intended for use by a | |||
| software programmer who has experience using development | |||
| tools and class libraries. | |||
| (3) DEVELOPER LICENSE GRANTS | |||
| The specific license level selected by you at the time of purchase | |||
| or most recent upgrade determines whether the license applies to | |||
| (a) a single named developer, (b) a small group of up to 4 developers, | |||
| or (c) a team of up to 8 developers. | |||
| Subject to the terms and conditions of this Agreement, Chilkat grants to | |||
| Licensee the perpetual, non-exclusive, non-transferable, royalty-free | |||
| license to integrate the Licensed Software into Your Applications and to distribute | |||
| such Licensed Software in connection with said Applications, provided that | |||
| (a) said Applications do not in any way compete with the Licensed Software, | |||
| or provide substantially the same functionality as the Licensed Software, | |||
| or expose the functionality of the Licensed Software through a programmable interface; | |||
| (b) each of Your Applications developed using | |||
| Licensed Software is designed for end users, rather than for developers who would | |||
| be able to build other software that would compete with the Licensed Software, | |||
| and (c) You do not permit further distribution of the Licensed Software | |||
| by Your end users. | |||
| For each License Key provided to You by Chilkat, depending on the specific license | |||
| level selected by you at the time of purchase or most recent upgrade, You are granted | |||
| a nonexclusive License to make the Licensed Software and/or the License Key(s) available | |||
| to the specified number of Your named developers. Should the number of named developers | |||
| with access to the Licensed Software and/or the License Key(s) ever exceed the number | |||
| indicated at the time of original purchase or most recent upgrade, You agree to inform Chilkat | |||
| of such change and to upgrade Your License accordingly by paying an upgrade fee to Chilkat | |||
| in a timely manner. | |||
| A "1 Developer License" which may also be referred to as "Single Developer License" means that only | |||
| one named individual developer employed by You may be given access to the Licensed Software and/or | |||
| the License Key(s) for the sole purpose of developing and maintaining Your Applications. For as long | |||
| as this specific individual developer is employed or engaged by You in any capacity whatsoever whereby | |||
| he or she may access the Licensed Software and/or the License Key(s), no other developer may be given | |||
| access to the Licensed Software and/or the License Key(s). Should said individual developer leave | |||
| Your employ and cease any professional association with You, or otherwise relinquish any and all access | |||
| the Licensed Software and/or the License Key(s), a new named individual developer may then take his | |||
| or her place and be given access to the Licensed Software and/or the License Key(s). | |||
| A "Team License" or "Small Group License" is equivalent to a specified number of single developer licenses. | |||
| For example a "4 Developers Small Group License" is equivalent to 4 single developer licenses. | |||
| The number of developers in a team identifies the maximum number of the named individual developers | |||
| employed by You who may be given access to the Licensed Software and/or the License Key(s) for the | |||
| sole purpose of developing and maintaining Your Applications. For as long as the allowed maximum | |||
| number of named individual developers are employed or engaged by You in any capacity whatsoever | |||
| whereby these named individual developers may access the Licensed Software and/or the License Key(s), | |||
| no other developer may be given access to the Licensed Software and/or the License Key(s). | |||
| Should any single named individual developer leave Your employ and cease any professional | |||
| association with You, or otherwise relinquish any and all access the Licensed Software and/or the | |||
| License Key(s), a new named individual developer may then take his or her place and be given | |||
| access to the Licensed Software and/or the License Key(s), whereby the total number of | |||
| said named developers would not exceed the licensed team size. | |||
| Licensee has no rights to use the Licensed Software beyond those specifically granted | |||
| in this section. | |||
| (4) LICENSE RESTRICTIONS | |||
| EXPORT CONTROLS: If the Software is for use outside the | |||
| United States of America, Licensee agrees to comply with all | |||
| relevant regulations of the United States Department of | |||
| Commerce and with the United States Export Administration | |||
| Act to insure that the Software is not exported in violation | |||
| of United States law. | |||
| Notwithstanding any provisions in this Agreement to the | |||
| contrary, Licensee may not distribute any portion of the | |||
| Software other than the Redistributable Components. | |||
| In addition, Licensee may not decompile, disassemble, or | |||
| reverse engineer any object code form of any portion of the | |||
| Software. | |||
| (5) TITLE | |||
| Licensee acknowledges and agrees that all right, title and | |||
| interest in and to the Software, including all intellectual | |||
| property rights therein, are the property of Chilkat, | |||
| subject only to the licenses granted to Licensee under this | |||
| Agreement. This Agreement is not a sale and does not | |||
| transfer to the Licensee any title or ownership in or to the | |||
| Software or any patent, copyright, trade secret, trade name, | |||
| trademark or other proprietary or intellectual property | |||
| rights related thereto. | |||
| (6) NON-TRANSFERABILITY | |||
| Except for Licensee's rights to distribute the | |||
| Redistributable Components, Licensee may not rent, transfer, | |||
| assign, sublicense or grant any rights in the Software, in | |||
| full or in part, to any other person or entity without | |||
| Chilkat's written consent, except that this agreement may be | |||
| assigned to a successor of Licensee in the case that all or | |||
| substantially all of the assets or equity of Licensee are | |||
| acquired by the successor. | |||
| (7) LIMITED WARRANTIES | |||
| Chilkat warrants to Licensee that the Licensed Software will | |||
| substantially perform the functions described in the | |||
| Documentation for a period of thirty (30) days after the | |||
| date of delivery of the Licensed Software to Licensee. | |||
| Chilkat's sole and exclusive obligation, and Licensee's sole | |||
| and exclusive remedy, under this warranty is limited to | |||
| Chilkat's using reasonable efforts to correct material, | |||
| documented, reproducible defects in the Licensed Software | |||
| that Licensee describes and documents to Chilkat during the | |||
| thirty (30) day warranty period. In the event that Chilkat | |||
| fails to correct a material, documented, reproducible defect | |||
| during this period, Chilkat may, at Chilkat's discretion, | |||
| replace the defective Licensed Software or refund to | |||
| Licensee the amount that Licensee paid Chilkat for the | |||
| defective Licensed Software and cancel this Agreement and | |||
| the licenses granted herein. In such event, Licensee agrees | |||
| to return to Chilkat all copies of the Licensed Software | |||
| (including the original). | |||
| EXCEPT AS EXPRESSLY SET FORTH ABOVE, CHILKAT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, | |||
| EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, | |||
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE | |||
| (8) LIMITATION OF LIABILITY | |||
| IN NO EVENT SHALL CHILKAT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, | |||
| INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES, | |||
| DATA OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, | |||
| EVEN IF CHILKAT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, | |||
| THE TOTAL AMOUNT OF CHILKAT'S LIABILITY TO LICENSEE SHALL BE LIMITED TO THE AMOUNT USER PAID | |||
| FOR THE USE OF THE SOFTWARE, IF ANY. | |||
| (9) TERMINATION | |||
| Chilkat reserves the right, at its sole discretion, to | |||
| terminate this Agreement upon written notice if Licensee has | |||
| breached the terms and conditions hereof. Licensee may | |||
| terminate this Agreement at any time by ceasing to use the | |||
| Licensed Software and by destroying all copies of the | |||
| Licensed Software (including the original). Sections 4, 5, | |||
| 6, 7, 8, 9 and 10 survive any termination of this Agreement | |||
| and apply fully to any termination. Unless terminated as | |||
| provided herein by either party, this Agreement shall remain | |||
| in effect. Termination will not affect end user licenses of | |||
| the End User Software Product which contain the | |||
| Redistributable Components which were distributed by | |||
| Licensee prior to termination. | |||
| (10) MISCELLANEOUS | |||
| Applicable Law and Jurisdiction. This Agreement will be | |||
| governed by and construed in accordance with the laws of the | |||
| State of Illinois without regard to conflict of laws | |||
| principles and without regard to the 1980 U.N. Convention on | |||
| Contracts for the International Sale of Goods. The federal | |||
| and state courts of Illinois shall have exclusive | |||
| jurisdiction and venue to adjudicate any dispute arising out | |||
| of this Agreement, and Licensee expressly consents to (i) | |||
| the personal jurisdiction of the state and federal courts of | |||
| Illinois, and (ii) service of process being effected upon | |||
| Licensee by registered mail. | |||
| Limitation of Actions. No action, regardless of form, may be | |||
| brought by either party more than twelve (12) months after | |||
| the cause of action has arisen. No such claim may be brought unless | |||
| Chilkat has first been given commercially reasonable notice, | |||
| a full written explanation of all pertinent details | |||
| (including copies of all materials), and a good faith | |||
| opportunity to resolve the matter. | |||
| Invalidity and Waiver. Should any provision of this | |||
| Agreement be held by a court of law to be illegal, invalid, | |||
| or unenforceable, the legality, validity, and enforceability | |||
| of the remaining provisions of this Agreement will not be | |||
| affected or impaired thereby. The failure of any party to | |||
| enforce any of the terms or conditions of this Agreement, | |||
| unless waived in writing, will not constitute a waiver of | |||
| that party's right to enforce each and every term and | |||
| condition of this Agreement. | |||
| U.S. Government Restricted Rights. The Licensed Software is | |||
| provided with Restricted Rights. Use, duplication, or | |||
| disclosure by the Government is subject to restrictions as | |||
| set forth in subparagraph (c) (1) (ii) of The Rights in | |||
| Technical Data and Computer Software clause at DFARS | |||
| 252.227-7013 or subparagraphs (c) (1) and (2) of the | |||
| Commercial Computer Software Restricted Rights at 48 CFR | |||
| 52.227- 19, as applicable. Manufacturer is Chilkat Software, | |||
| Inc., 1719 E Forest Ave, Wheaton, Illinois 60187 USA. | |||
| LICENSEE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT, | |||
| UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND | |||
| CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE | |||
| AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE | |||
| AND CHILKAT WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR | |||
| CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER | |||
| COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS | |||
| AGREEMENT | |||
Powered by TurnKey Linux.