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Electrical.msi - Installer
Directory of Electrical12.1.3
Directory of Electrical12.1.3\ACAddIn
Directory of Electrical12.1.3\DemoData
Directory of Electrical12.1.3\DwgExamples
Directory of Electrical12.1.3\DwgExamples\Seeds
Directory of Electrical12.1.3\DwgExamples\Templates
Directory of Electrical12.1.3\EmptyDbs
Directory of Electrical12.1.3\es
Directory of Electrical12.1.3\ETAP
Directory of Electrical12.1.3\fr
Directory of Electrical12.1.3\ISL
Directory of Electrical12.1.3\ja
Directory of Electrical12.1.3\ko
Directory of Electrical12.1.3\Manuals
Directory of Electrical12.1.3\pt
Directory of Electrical12.1.3\ru
Directory of Electrical12.1.3\SchematicGatewaySamples
Directory of Electrical12.1.3\Symbols
Directory of Electrical12.1.3\Templates
Directory of Electrical12.1.3\zh-cn
1. Enterprise Library 4
Licence: Microsoft Public License (MS-PL)
Copyright: � 2008 Microsoft
Author: Microsoft
Includes:-
Caching Application Block.
Cryptography Application Block.
Data Access Application Block.
Exception Handling Application Block.
Logging Application Block.
Policy Injection Application Block.
Security Application Block.
Unity Application Block.
Validation Application Block.
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Subject to the terms and conditions of this EULA, ActiveDBSoft grants to Developer
End User a personal, nonexclusive license to install and use the SOFTWARE COMPONENT
PRODUCT(S) for the sole purposes of designing, developing, testing, distributing
and deploying application programs which Developer End User creates. By installing,
copying, or otherwise using the SOFTWARE COMPONENT PRODUCT(S), Developer End User
agrees to be bound by the terms of this EULA. If Developer End User does not agree
to any part of the terms of this EULA, DO NOT INSTALL, USE, EVALUATE, OR REPLICATE
IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE COMPONENT PRODUCT(S).
All SOFTWARE COMPONENT PRODUCT(S) is licensed, not sold. If Developer End User is
an individual, Developer End User must acquire an individual license for the
SOFTWARE COMPONENT PRODUCT(S) from ActiveDBSoft or its authorized resellers. If
Developer End User is an entity, Developer End User must acquire, from
ActiveDBSoft or its authorized resellers, an individual license for each individual
developer, within Developer End User�s organization, using, and or developing with,
the SOFTWARE COMPONENT PRODUCT(S).
If the SOFTWARE COMPONENT PRODUCT(S) Developer End User has obtained is marked as a
"TRIAL" or "EVALUATION", Developer End User may install one copy of the SOFTWARE
COMPONENT PRODUCT(S) for testing purposes ONLY.
1. GRANT OF LICENSE.
This EULA, if legally executed as defined herein, licenses and so grants Developer
End User the following rights:
SOFTWARE COMPONENT PRODUCT(S). Developer End User may install and use one copy of
the SOFTWARE COMPONENT PRODUCT(S), including any and all source code if provided,
or any prior version legally licensed for the same operating system, on a single
computer. The primary user of the computer on which the SOFTWARE COMPONENT
PRODUCT(S) is installed may make a second copy for his or her exclusive use on a
portable computer. Developer End User acknowledges and agrees that the SOFTWARE
COMPONENT PRODUCT(S) in source code form remains a confidential trade secret of
ActiveDBSoft.
(a) Storage/Network Use. Developer End User may also store or install a copy of the
SOFTWARE COMPONENT PRODUCT(S) on a storage device, such as a network server, used
only to install or run the SOFTWARE COMPONENT PRODUCT(S) on Developer End User�s
other computers over an internal network; however, Developer End User must acquire
and dedicate a license for each separate computer on which the SOFTWARE COMPONENT
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COMPONENT PRODUCT(S) may not be shared or used concurrently on different computers.
If the SOFTWARE COMPONENT PRODUCT(S) is labeled and provided as "Not for Resale" or
"NFR", then, notwithstanding other sections of this EULA, Developer End User may
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the SOFTWARE COMPONENT PRODUCT(S) or any derivative work using the SOFTWARE
COMPONENT PRODUCT(S). Developer End User may not transfer, rent, lease, lend, copy,
modify, translate, sublicense, time-share or electronically transmit the SOFTWARE
COMPONENT PRODUCT(S), media or documentation. This also applies to any and all
intermediate files, source code, and compiled executables.
Developer End User may not reverse engineer, decompile, or disassemble the SOFTWARE
COMPONENT PRODUCT(S), and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. The provision of
source code, if included with the SOFTWARE COMPONENT PRODUCT(S), does not
constitute transfer of any legal rights to such code, and resale or distribution of
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including but not limited to, the Geneva and Berne World Intellectual Property
Organization (WIPO) Diplomatic Conferences.
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Developer End User may not rent, lease, or lend the SOFTWARE COMPONENT PRODUCT(S).
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how Developer End User might compile, link, and/or package its programs, under no
circumstances may the libraries, code, Redistributables, and/or other files of the
SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) be used for
developing programs by anyone other than Developer End User. Only Developer End
User has the right to use the libraries, code, Redistributables, or other files of
the SOFTWARE COMPONENT PRODUCT(S) (or any portions thereof) for developing programs
created with the SOFTWARE COMPONENT PRODUCT(S). In particular, Developer End User
may not share copies of the Redistributables with other co-developers not
individually licensed hereunder. Developer End User may not reproduce or
distribute any ActiveDBSoft documentation without ActiveDBSoft's explicit
permission.
With written notification to ActiveDBSoft, Developer End User may transfer its
license of the SOFTWARE COMPONENT PRODUCT(S) to a successor company.
Subject to all of the terms and conditions in this EULA, Developer End User may
reproduce and distribute exact copies of the Redistributables, provided that such
copies are made from the original copy of the SOFTWARE COMPONENT PRODUCT(S) or the
copy transferred to the single hard disk. Having the source code of SOFTWARE
COMPONENT PRODUCT(S), Developer End User may distribute copies of Redistributables
built from modified source code. Copies of Redistributables may only be distributed
with and for the sole purpose of executing application programs permitted under
this EULA that Developer End User has created using the SOFTWARE COMPONENT
PRODUCT(S). Under no circumstances may any copies of Redistributables be
distributed separately.
REDISTRIBUTABLES. To obtain a list of Redistributables that apply under this EULA,
contact support@activedbsoft.com
Distribution by the Developer End User of any design-time tools (EXE's OCX's or
DLL's), executables, and source code distributed to Developer End User by
ActiveDBSoft as part of this SOFTWARE COMPONENT PRODUCT(S) and not explicitly
identified as a Redistributable file is strictly prohibited. The Developer End User
shall not develop software applications that provide an application programming
interface to the SOFTWARE COMPONENT PRODUCT(S) or the SOFTWARE COMPONENT PRODUCT(S)
as modified.
The Developer End User may NOT distribute the SOFTWARE COMPONENT PRODUCT(S), in any
format, to other users for development or application compilation purposes.
Specifically, if Developer End User creates a control using the SOFTWARE COMPONENT
PRODUCT(S) as a constituent control, Developer End User may NOT distribute the
control created with the SOFTWARE COMPONENT PRODUCT(S) (in any format) to users to
be used at design time or for ANY development purposes.
Developer End User MAY NOT REDISTRIBUTE any SOFTWARE COMPONENT PRODUCT(s) files if
using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE
COMPONENT PRODUCT(s).
8. Additional restrictions.
DEVELOPER END USER MAY NOT CREATE NEW 'ACTIVE X' COMPONENTS OR '.NET' COMPONENTS,
or ANY OTHER COMPONENT ARCHITECTURE, INCLUDING BUT NOT LIMITED TO DLLs, FOR
DISTRIBUTION OUTSIDE OF DEVELOPER END USER�S COMPANY IN ANY FORM, MANNER OR MEDIA
OR USING ANY DISTRIBUTION CHANNEL, WHICH UTILIZES ALL OR ANY PORTION OF THE
SOFTWARE COMPONENT PRODUCT(S) AND ITS RELATED SOURCE CODE.
DEVELOPER END USER MAY NOT CREATE ANY TOOL OR SOFTWARE COMPONENT PRODUCT(S) THAT
DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE COMPONENT PRODUCT(S) WHICH
UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) AND ITS RELATED
SOURCE CODE.
9. Upgrades.
10. Copyright.
All title and copyrights in and to the SOFTWARE COMPONENT PRODUCT(S) (including but
not limited to any copywritten images, demos, source code, intermediate files,
packages, photographs, Redistributables, animations, video, audio, music, text, and
"applets" incorporated into the SOFTWARE COMPONENT PRODUCT(S) the accompanying
printed materials, and any copies of the SOFTWARE COMPONENT PRODUCT(S)) are owned
by ActiveDBSoft or its subsidiaries. The SOFTWARE COMPONENT PRODUCT(S) is protected
by copyright laws and international treaty provisions and therefore, Developer End
User must treat the SOFTWARE COMPONENT PRODUCT(S) like any other copyrighted
material except that Developer End User may install the SOFTWARE COMPONENT
PRODUCT(S) as described in this EULA.
11. Installation and Use.
The license granted in this EULA for Developer End User to create Developer End
User�s own compiled programs and distribute Developer End User programs and the
Redistributables (if any), is subject to all of the following conditions: (i) all
copies of the programs Developer End User creates must bear a valid copyright
notice, either Developer End User�s own or the ActiveDBSoft copyright notice that
appears on the SOFTWARE COMPONENT PRODUCT(S); (ii) Developer End User may not
remove or alter any ActiveDBSoft copyright, trademark or other proprietary rights
notice contained in any portion of ActiveDBSoft libraries, source code,
Redistributables or other files that bear such a notice; (iii) ActiveDBSoft
provides no warranty at all to any person, other than the Limited Warranty provided
to Developer End User and Developer End User will remain solely responsible to
anyone receiving Developer End User�s programs for support, service, upgrades, or
technical or other assistance, and such recipients will have no right to contact
ActiveDBSoft for such services or assistance; (iv) Developer End User will
indemnify and hold ActiveDBSoft, its related companies and its suppliers, harmless
from and against any claims or liabilities arising out of End Developer�s use,
reproduction or distribution of Developer End User�s programs; (v) Developer End
User�s programs containing ActiveDBSoft SOFTWARE COMPONENT PRODUCT(S) must be
written using a licensed, registered copy of the SOFTWARE COMPONENT PRODUCT(S);
(vi) Developer End User�s programs must add primary and substantial functionality,
and may not be merely a set or subset of any of the libraries, code,
Redistributables or other files of the SOFTWARE COMPONENT PRODUCT(S); (vii)
regardless of any modifications which Developer End User makes and regardless of
how Developer End User might compile, link, or package Developer End User�s
programs, the libraries, code, Redistributables, and/or other files of the SOFTWARE
COMPONENT PRODUCT(S) (including any portions thereof) may not be used in programs
created by Developer End User�s end users (i.e., users of Developer End User
programs) and may not be further redistributed by Developer End User end users; and
(viii) Developer End User may not use ActiveDBSoft's or any of its suppliers'
names, logos, or trademarks to market Developer End User programs.
Developer End User understands that the SOFTWARE COMPONENT PRODUCT(S) may produce
inaccurate results because of a failure or fault within the SOFTWARE COMPONENT
PRODUCT(S) or failure by Developer End User to properly use and or deploy the
SOFTWARE COMPONENT PRODUCT(S). Developer End User assumes full and sole
responsibility for any use of the SOFTWARE COMPONENT PRODUCT(S), and bears the
entire risk for failures or faults within the SOFTWARE COMPONENT PRODUCT(S).
Developer End User agrees that regardless of the cause of failure or fault or the
form of any claim, DEVELOPER END USER�S SOLE REMEDY AND ActiveDBSoft'S SOLE
OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL ActiveDBSoft'S
LIABILITY EXCEED THE PRICE PAID TO ActiveDBSoft FOR THE SOFTWARE COMPONENT
PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE COMPONENT
PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or
misapplication of the SOFTWARE COMPONENT PRODUCT(S).
16. Indemnification.
Developer End User hereby agrees to indemnify ActiveDBSoft and its officers,
directors, employees, agents, and representatives from each and every demand,
claim, loss, liability, or damage of any kind, including actual attorneys fees,
whether in tort or contract, that it or any of them may incur by reason of, or
arising out of, any claim which is made by any third party with respect to any
breach or violation of this Agreement by Developer End User or any claims based on
the SOFTWARE COMPONENT PRODUCT(S) included in Developer End User�s program(s).
ActiveDBSoft may provide Developer End User with support services related to the
SOFTWARE COMPONENT PRODUCT(S) ("Support Services"). Use of Support Services is
governed by ActiveDBSoft policies and programs described in the user manual, in "on
line" documentation and/or other ActiveDBSoft provided materials. Any supplemental
SOFTWARE COMPONENT PRODUCT(S) provided to Developer End User as part of the Support
Services shall be considered part of the SOFTWARE COMPONENT PRODUCT(S) and subject
to the terms and conditions of this EULA. With respect to technical information
Developer End User provides to ActiveDBSoft as part of the Support Services,
ActiveDBSoft may use such information for its business purposes, including for
SOFTWARE COMPONENT PRODUCT(s) support and development. ActiveDBSoft will not
utilize such technical information in a form that personally identifies Developer
End User.
18. Termination.
Without prejudice to any other rights or remedies, ActiveDBSoft will terminate this
EULA upon Developer End User�sr failure to comply with all the terms and conditions
of this EULA. In such events, Developer End User must destroy all copies of the
SOFTWARE COMPONENT PRODUCT(S) and all of its component parts including any related
documentation, and must remove ANY and ALL use of such technology immediately from
any applications using technology contained in the SOFTWARE COMPONENT PRODUCT(S)
developed by Developer End User, whether in native, altered or compiled state.
19. Miscellaneous.
This EULA shall be construed, interpreted and governed by the laws of the State of
Nevada, U.S.A. This EULA gives Developer End User specific legal rights; Developer
End User may have others that vary from state to state and from country to country.
This EULA may only be modified in writing signed by Developer End User and an
authorized officer of ActiveDBSoft. If any provision of this EULA is found void or
unenforceable, the remainder will remain valid and enforceable according to its
terms. If any remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in the
Limited Warranty shall remain in effect.
ACKNOWLEDGEMENTS. Developer End User acknowledges that he or she has read this
Agreement, understands it, and agrees to be bound by its terms and conditions.
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I. THIS EULA.
1. Software Covered by this EULA. This EULA governs your use of the
GrapeCity, Inc. ("GC") software product(s) enclosed or otherwise accompanied
herewith (individually and collectively, the "SOFTWARE"). The term "SOFTWARE" in-
cludes, to the extent provided by GC: 1) any revisions, updates and/or upgrades
thereto; 2) any data, image or executable files, databases, data engines, computer
software, or similar items customarily used or distributed with computer software
products; 3) anything in any form whatsoever intended to be used with or in
conjunction with the SOFTWARE; and 4) any associated media, documentation
(including physical, electronic and online) and printed materials (the
"Documentation").
When using ComponentOne Ribbon for WinForms which is provided as part of the
SOFTWARE, note that THIS LI-CENSE GRANTS YOU NO RIGHTS TO THE MICROSOFT OFFICE 2007
UI. TO OBTAIN A LICENSE TO USE THE MI-CROSOFT OFFICE 2007 UI, PLEASE VISIT
http://msdn.microsoft.com/en-us/office/aa973809.aspx.
2. This EULA is a Legally Binding Agreement Between You and GC. If you are
acting as an agent of a company or another legal person, such as an officer or
other employee acting for your employer, then "you" and "your" mean your princi-
pal, the entity or other legal person for whom you are acting. However,
importantly, even if you are acting as an agent for an-other, you may still be
personally liable for violation of federal and State laws, such as copyright
infringement.
By signifying your acceptance of the terms of this EULA, you intend to be,
and hereby are, legally bound to this EULA to the same extent as if GC and you
physically signed this EULA. By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by all the terms and conditions of this EULA. If
you do not agree to all of such terms and conditions, you may not install or use
the SOFTWARE. If you do not agree with any of the terms herewith and, for whatever
reason, installation has begun or has been completed, you should cancel
installation or un-install the SOFTWARE, as the case may be. Furthermore, you
should promptly return the SOFTWARE to the place of business from which you
obtained it in accordance with any return policies of such place of business.
Return policies may vary among resellers; therefore you must comply with the return
policies of your supplier as you agreed at the point of purchase. If the place of
business from which you purchased the SOFTWARE does not honor a full refund for a
period of thirty (30) days from the date of purchase, you may then return the
SOFTWARE directly to GC for a refund provided that such returns is authorized
within the same thirty (30) day time period. To return the product directly to GC,
you must first obtain a Return Authorization Number by contacting GC, and you must
forward to GC all items purchased, including the proof of purchase. The return
must be postage-prepaid, and post-marked within thirty (30) days from the proof of
purchase, time being of the essence. The return option to GC is only available to
the original purchaser of an unopened factory packaged item.
As provided in more detail below, this EULA grants you two licenses: 1) a
license to use the SOFTWARE to develop other software products (the "Development
License"); and 2) a license to use and/or distribute the Developed Software (the
"Distribution License"). These licenses (including the Source Code license
described below, individually and collectively, the "Licenses") are explained and
defined in more detail below.
"Web Server" means a type of Network Server that serves other computers which, are
specifically connected to it through either an intranet or the Internet.
"Developed Web Server Software" means those Developed Software products that
reside logically or physically on at least one Web Server and are operated (meaning
the computer software instruction set is carried out) by the Web Server's central
processing unit(s) (CPU).
"Redistributable Files" means the SOFTWARE files or other portions of the SOFTWARE
that are provided by GC and are identified as such in the Documentation for
distribution by you with the Developed Software.
"Developer" means a human being or any other automated device using the SOFTWARE in
accordance with the terms and conditions of this EULA.
�Site License� means the license to use the SOFTWARE granted to all
Developers at a given Site under the terms of this EULA.
�Source Code� shall mean computer software code or programs in human readable
format, such as a printed listing of such a program written in a high-level
computer language. The term "Source Code" includes, but is not limited to,
documents and materials in support of the development effort of the SOFTWARE, such
as flow charts, pseudo code and pro-gram notes.
Developer Seat License basis means that you may perform an installation of
the SOFTWARE for use in designing, testing and creating Developed Software by a
single Developer on one or more computers, each with a single set of input devices,
so long as 1) such computer/computers is/are used only by one single Developer at
any given time and not concur-rently and, 2) the user is the primary User to whom
the license has been granted. Conversely, you may not install or use the SOFTWARE
on a computer that is a network server or a computer at which the SOFTWARE is used
by more than one Devel-oper. You may not network the SOFTWARE or any component
part of it, where it is or may be used by more than one Developer unless you
purchase an additional Development License for each Developer. You must purchase
another separate license to the SOFTWARE in order to add additional developer
seats, whether the additional developers are accessing the SOFTWARE in a stand-
alone environment or on a computer network.
The license rights granted under this Agreement may be limited to a specified
number of days after you first install the SOFTWARE unless you supply information
required to license or activate your licensed copy, as the case may be, within the
time and the manner described during the SOFTWARE setup sequence and/or in the
dialog boxes appearing during use of the SOFTWARE. You may need to activate the
SOFTWARE through the use of the Internet, email or telephone; toll charges may
apply. You may need to re-activate the SOFTWARE if you modify your computer
hardware or if you have installed it on a different computer; in some cases the
number of activations allowed may be limited and you will have to contact GC for
clearance. Product activation is based on the exchange of information between your
computer and GC. None of this information contains personally identifiable
information nor can they be used to identify any personal information about you or
any information you store in your computer. YOU ACKNOWLEDGE AND UNDERSTAND THAT
THERE ARE TECH-NOLOGICAL MEASURES IN THE SOFTWARE THAT ARE DESIGNED TO PREVENT
UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. YOU AGREE THAT GC MAY USE SUCH MEASURES
AND YOU AGREE TO FOLLOW ANY REQUIREMENTS REGARDING SUCH TECHNOLOGICAL MEASURES. YOU
ACKNOWLEDGE AND AGREE THAT THE SOFTWARE WILL CEASE TO FUNCTION UNLESS AND UNTIL YOU
ACTIVATE THE APPLICABLE SOFTWARE SERIAL NUMBER.
You agree that GC may audit your use of the SOFTWARE for compliance with these
terms at any time, upon reasonable notice. In the event that such audit reveals any
use of the SOFTWARE other than in full compliance with the terms of this EULA, you
shall reimburse GC for all reasonable expenses related to such audit in addition to
any other liabilities you may incur as a result of such non-compliance.
In all cases, (a) you may not use GC's name, logo, or trademarks to market
your Developed Software without the express written consent of GC; (b) you must
include the following GC copyright notice in your Developed Software docu-mentation
and/or in the "About Box" of your Developed Software, and wherever the
copyright/rights notice is located in the Developed Software (�Portions Copyright �
GrapeCity, Inc. 1987-2011. All Rights Reserved.�); (c) you agree to indemnify, hold
harmless, and defend GC, 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; (d) you may use the SOFTWARE only to create Developed
Software that is significantly different than the SOFTWARE.
a. ComponentOne Reports for .NET Designer Edition. ComponentOne Reports for .NET
Designer Edition includes at least: 1) one dynamic link library file
(c1.win.c1reportdesigner.dll) known as C1ReportDesigner Component, 2) one
executable file (ReportDesigner.exe) known as C1ReportDesigner Application and, 3)
the source code of the C1ReportDesigner Application (the �Report Designer Source
Code�). The C1ReportDesigner Component is subject to the general terms and
restrictions set forth in this EULA. The C1ReportDesigner Application is an
executable file used to design and prepare reports; the C1ReportDesigner
Application may be distributed, free of royalties, only in conjunction with the
Developed Software.
GC hereby also grants you the right to use and to modify the Report Designer Source
Code to create derivative works that are based on the licensed Report Designer
Source Code. You may distribute such derivative works, solely in object code format
and exclusively in conjunction with and/or as a part of the Developed Software. You
are expressly not granted the right to distribute, disclose or otherwise make
available to any third party the licensed Report Designer Source Code, any portion,
modified version or derivative work thereof, in source code format.
GC shall retain all right, title and interest in and to the licensed Report
Designer Source Code, and all GC updates, modifi-cations or enhancements thereof.
Nothing herein shall be deemed to transfer any ownership or title rights in and to
the licensed Report Designer Source Code from GC to you.
THE REPORT DESIGNER SOURCE CODE IS LICENSED TO YOU AS IS. GC DOES NOT AND SHALL NOT
PROVIDE YOU WITH ANY TECHNICAL SUPPORT FOR YOUR REPORT DESIGNER SOURCE CODE
LICENSE.
c. Studio Products. You may not share the component parts of the
Studio Products licensed to you with other Developers, nor may you allow the use
and/or installation of such components by other Developers.
d. Esri ArcGIS API for Microsoft Silverlight, WPF, JavaScript and Windows Phone
(�Esri Map Product�). You may only use the Esri Map Product as executable code. You
are granted a license to use Esri Map Product to develop and deploy, royalty free,
fully paid up commercial applications provided that you registerwith Esri as an
Esri Map Product user, agree to Esri�s terms of use and use the ArcGIS Online free
and/or paid for web services to enable your application. You may use the Esri Free
Map Services as described at http://www.esri.com/data/free-data/index.html. You
understand and agree that Esri may modify from time to time the data available to
you through the aforementioned web site link without notice to you. You may not
time share, lend, lease or rent the Esri Map Product nor may you use it for
commercial network services, interactive cable or remote processing services. This
Esri Map Product is sub-licensed to you and you are specifically not granted title
to said product. You may not remove or obscure any Esri copyright, trademark notice
or restrictive legend. Your access to and use of ArcGIS Online Services, or
Microsoft Bing Maps are conditioned upon your acceptance of the Esri Web Site and
Service Terms of Use Agreement, ArcGIS Online Services, or Microsoft Bing Maps
terms of service that maybe found at http://www.esri.com/legal/. Further, you may
not share the client-side data cache derived from ArcGIS Online Services with other
licensed end users or third parties.
e. Spread COM. Spread COM includes the following software components which you
may use under the license to create Developed Software or Developed Web Server
Software that are subject to the general terms and restrictions set forth in this
EULA: (i) FPSPR80.OCX, (ii) FPSPRU80.OCX, (iii) SPR32D80.DLL, (iv) SPR32DU80.DLL,
(v) SPR64D80.DLL, (vi) SPR64DU80.DLL, (vii) SPRIA64D80.DLL, (viii) SPRIA64DU80.DLL,
(ix) FARPOINT.SPREAD8DLL32.EXCEL2007.DLL, (x) FARPOINT.SPREAD8UDLL32.EXCEL2007.DLL,
(xi) FARPOINT.SPREAD8DLL64.EXCEL2007.DLL, (xii)
FARPOINT.SPREAD8UDLL64.EXCEL2007.DLL, (xiii) FARPOINT.SPREAD8DLLIA64.EXCEL2007.DLL,
(xiv) FARPOINT.SPREAD8UDLLIA64.EXCEL2007.DLL, (xv) FPIMAGE.DLL.
f. Spread for Windows Forms. Spread for Windows Forms includes the following
software components which you may use under the license to create Developed
Software or Developed Web Server Software that are subject to the general terms and
restrictions set forth in this EULA: (i) FarPoint.Win.Spread.FpSpread, (ii) Far-
Point.Win.Spread.FormulaTextBox, (iii) FarPoint.Win.Chart.FpChart, (iv)
FarPoint.Win.Spread.Design.FpSpreadDesigner, (v)
FarPoint.Win.Spread.FormulaProvider, (vi) GrapeCity.Win.MultiRow.GcMultiRow. This
product may be licensed as a Site Li-cense to you; in which case, Developers at the
Site shall be licensed to re-distribute royalty-free, the run time version of the
assemblies listed under the section titled Redistribution in the product�s
documentation.
g. Spread for ASP.NET. Spread for ASP.NET includes the software components
listed under the preceding paragraph plus the following software components which
are subject to the general terms and restrictions set forth in this EULA: (i)
FarPoint.Web.Spread.FpSpread, (ii) FarPoint.Web.Spread.FpTemplateReplacement, (iii)
FarPoint.Web. Spread.SpreadDataSource, (iv) FarPoint.Mvc.Spread.FpSpread, (v)
FarPoint.Web.Chart.FpChart. This product may be licensed as a Site License to you;
in which case, Developers at the Site shall be licensed to re-distribute royalty-
free, the run time version of the assemblies listed under the section titled
Redistribution in the product�s documentation.
6. Serial Number. With your license, you will be issued a unique serial
number (the "Serial Number") used for the activation of the SOFTWARE. The Serial
Number 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 Serial Number constitutes a breach of this
EULA, the effect of which shall be the immediate termination and revocation of all
the rights granted herein.
You may only view, and use the Source Code subject to the terms and conditions
below:
The Source Code is provided to you and your Developers for the sole purposes of
supplementing the documentation of the SOFTWARE and for your education, so as to
enable you to understand the operation of the SOFTWARE at a source code lev-el.
You expressly do not have, and are not granted the right to use the Source Code to
create any derivative works or to modify the SOFTWARE or it�s Source Code in any
way.
Under no circumstances may the Source Code or any portion thereof be distributed,
disclosed or otherwise made available to any third party outside of your
organization.
GC shall retain all right, title and interest in and to the licensed Source Code,
and all GC updates, modifications or enhance-ments thereof. Nothing herein shall be
deemed to transfer any ownership or title rights in and to the licensed Source Code
from GC to you.
THE SOURCE CODE IS LICENSED TO YOU AS IS. GC DOES NOT AND SHALL NOT PROVIDE YOU
WITH ANY TECHNICAL SUPPORT, OR ANY AUTOMATIC UPDATES OR UPGRADES FOR YOUR SOURCE
CODE LICENSE.
1. Copyright. You agree that all right, title, and interest in and to the
SOFTWARE (including, but not limited to, any images, photographs, animations,
video, audio, music, text, and �applets� incorporated into the SOFTWARE), and any
copies of the SOFTWARE, and any copyrights and other intellectual properties
therein or related thereto are owned exclusively by GC, except to the limited
extent that GC may be the rightful license holder of certain third-party
technologies incorporated into the SOFTWARE. The SOFTWARE is protected by
copyright laws and international treaty provisions. The SOFTWARE is licensed to
you, not sold to you. GC reserves all rights not otherwise expressly and
specifically granted to you in this EULA.
2. Backups. You may make a copy of the SOFTWARE solely for backup or
archival purposes. Notwithstanding the foregoing, you may not copy the printed
Documentation.
4. 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.
These restrictions change from time to time. You represent and warrant that
neither the BIS nor any other United States federal agency has suspended, revoked
or denied your export privileges. GC acknowledges that it shall use reasona-ble
efforts to supply you with all reasonably necessary information regarding the
SOFTWARE and its business to enable you to fully comply with the provisions of this
Section. If you have any questions regarding your obligations under United States
of America export regulations, you should contact the Bureau of Industry and
Security, United States Department of Commerce, Exporter Counseling Division,
Washington DC. U.S.A. (202) 482-4811, http://www.bis.doc.gov.
1. Limited Warranty. GC warrants that the original media, if any, are free
from defects for ninety (90) days from the date of delivery of the SOFTWARE and
that the SOFTWARE shall perform substantially as described in its documentation. GC
also warrants that: (i) it has the full power to enter into this Agreement and
grant the license rights set forth herein; (ii) it has not granted and will not
grant any rights in the Software to any third party which grant is inconsistent
with the rights granted to you in this Agreement; and (iii) the Software does not
and will not infringe any trade secret, copyright, trademark or other pro-prietary
right held by any third party and does not infringe any patent held by any third
party. EXCEPT AS OTHERWISE PRO-VIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE
SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE
SAME IN �AS IS� CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN
AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION, IN THE MICROSOFT VISUAL STUDIO
DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES
TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND
OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT
ENVIRONMENTS, WHETHER AS A STAND ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT
OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT
ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE
DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY.
SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS EULA AND MAY BE OBTAINED BY
CONTACTING GC DIRECTLY.
THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM
SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR
THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.
GC's entire liability and your exclusive remedy under this EULA shall be, at GC's
sole option, either (a) return of the price paid for the SOFTWARE; (b) repair the
SOFTWARE through updates distributed online or otherwise in GC's discretion; or (c)
re-place the SOFTWARE with SOFTWARE that substantially performs as described in the
SOFTWARE documentation, provided that you return the SOFTWARE in the same manner as
provided in Section I.2 for return of the SOFTWARE for non-acceptance of this EULA.
Any media for any repaired or replacement SOFTWARE will be warranted for the
remainder of the original war-ranty period or thirty (30) days, whichever is
longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GC BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF GC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CASES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
VI. MISCELLANEOUS.
1. 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 GC relating to the SOFTWARE. This EULA
supersedes any prior and contemporaneous proposals, purchase orders,
advertisements, and all other communications in relation to the subject matter of
this EULA, whether oral or written. 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, or by other non-oral manner of agreement
whereby the parties objectively and definitively act in a manner to be bound (such
as by continuing with an installation of the SOFTWARE, etc.). Employees, agents
and other representatives of GC are not permitted to orally modify this EULA.
2. You Indemnify GC. You agree to indemnify, hold harmless, and defend GC
and its suppliers and resellers from and against any and all claims or lawsuits,
including attorney's fees, which arise out of or result from your distribution of
your Developed Software, your Developed Web Server Software or from your breach of
any of the terms and conditions of this EULA.
1. GRANT OF LICENSE.
Subject to all the terms and conditions of this EULA, DEVEXPRESS grants Developer
End User a non-exclusive, non-transferable license to install and use the SOFTWARE
DEVELOPMENT PRODUCT(S) included in this distribution as authorized below:
If you are an individual and are using the SOFTWARE DEVELOPMENT PRODUCT(S), you may
install, copy, and use the SOFTWARE DEVELOPMENT PRODUCT(S) by purchasing a 12 month
subscription from DEVEXPRESS or its authorized resellers. Refer to Section 8 of
this EULA for more information.
You MAY NOT CREATE applications or begin software projects using the SOFTWARE
DEVELOPMENT PRODUCT(S) under the terms of the THIRTY (30) DAY EVALUATION (TRIAL)
USE LICENSE.
You MAY NOT REDISTRIBUTE files in the SOFTWARE DEVELOPMENT PRODUCT(S) distribution
if using an evaluation or trial version of the SOFTWARE DEVELOPMENT PRODUCT(S).
You may not reverse engineer, decompile, create derivative works or disassemble the
SOFTWARE DEVELOPMENT PRODUCT(S). If the SOFTWARE DEVELOPMENT PRODUCT(S) is
purchased by you with the intent to reverse engineer, decompile, create derivative
works, or the exploitation and unauthorized transfer of any DEVEXPRESS intellectual
property and trade secrets, to include any exposed methods or source code where
provided, no licensed right of use shall exist and any PRODUCT(s) created as a
result shall be judged illegal by definition. Any sale or resale of intellectual
property or created derivatives so obtained will be prosecuted to the fullest
extent of all local, federal and international law.
3. SEPARATION OF COMPONENTS.
4. RENTAL.
You may not rent, lease, or lend the SOFTWARE DEVELOPMENT PRODUCT(S).
5. TRANSFER.
You may NOT permanently or temporarily transfer ANY of your rights under this EULA
to any individual or business or government entity without prior written approval
from DEVEXPRESS. Regardless of any modifications which you make and regardless of
how you might compile, link, and/or package your programs, under no circumstances
may the libraries, Redistributables, and/or files included in the SOFTWARE
DEVELOPMENT PRODUCT(S) (including any portions thereof) be used for developing
programs by anyone other than you. Only you as the licensed Developer End User have
the right to use the libraries, redistributables, or other files of the SOFTWARE
DEVELOPMENT PRODUCT(S) (or any portions thereof) for developing programs created
with the SOFTWARE DEVELOPMENT PRODUCT(S). You may not share copies of the
Redistributables with other co-developers. You may not reproduce or distribute any
DEVEXPRESS documentation without the permission of DEVEXPRESS.
6. REDISTRIBUTION.
AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT
DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE DEVELOPMENT PRODUCT(S) BY
UTILIZING ALL OR ANY PORTION OF THE DEVEXPRESS SOFTWARE DEVELOPMENT PRODUCT(S).
Distribution by the Developer End User of any design-time tools (EXE's or DLL's),
executables, and source code distributed to Developer End User by DEVEXPRESS as
part of this SOFTWARE DEVELOPMENT PRODUCT(S) and not explicitly identified as a
redistributable file is strictly prohibited. The Developer End User shall not
develop software applications that provide an application programming interface to
the SOFTWARE DEVELOPMENT PRODUCT(S) or the SOFTWARE DEVELOPMENT PRODUCT(S) as
modified.
The Developer End User may NOT distribute the SOFTWARE DEVELOPMENT PRODUCT(S), in
any format, to others for development or application compilation purposes.
If you are an individual, business or government entity and are using the SOFTWARE
DEVELOPMENT PRODUCT(S) and have purchased a 12 month subscription as described in
Section 8 of this EULA, you may reproduce and distribute copies of the
REDISTRIBUTABLES, provided that such copies are made from the original copy of the
REDISTRIBUTABLES included with the SOFTWARE DEVELOPMENT PRODUCT(S) or modified
versions of the REDISTRIBUTABLES which are provided to you by DEVEXPRESS or those
which you create. Copies of REDISTRIBUTABLES may only be distributed with and for
the sole purpose of executing application programs permitted under this EULA that
you have created using the SOFTWARE DEVELOPMENT PRODUCT(S).
Developer End User MAY NOT REDISTRIBUTE any files in the SOFTWARE DEVELOPMENT
PRODUCT(S) distribution if using an evaluation, trial, Not for Resale, or demo
version of the SOFTWARE DEVELOPMENT PRODUCT(S).
7. COPYRIGHT.
All title and copyrights in and to the SOFTWARE DEVELOPMENT PRODUCT(S) (including
but not limited to any DEVEXPRESS trademarks, copywritten images, demos, source
code, intermediate files, packages, photographs, redistributables, animations,
video, audio, music, text, and "applets" incorporated into the SOFTWARE DEVELOPMENT
PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE
DEVELOPMENT PRODUCT(S)) are owned by DEVEXPRESS or its subsidiaries.
Pricing for the 12 month SOFTWARE DEVELOPMENT PRODUCT(S) subscription and any
subsequent renewal of the subscription are listed on devexpress.com and subject to
change with or without notice.
REDISTRIBUTABLES listed in this EULA are dependent upon the type of 12 month
subscription purchased from DEVEXPRESS.
Developer End User understands that the SOFTWARE DEVELOPMENT PRODUCT(S) may produce
inaccurate results because of a failure or fault within the SOFTWARE DEVELOPMENT
PRODUCT(S) or failure by Developer End User to properly use and or deploy the
SOFTWARE DEVELOPMENT PRODUCT(S). Developer End User assumes full and sole
responsibility for any use of the SOFTWARE DEVELOPMENT PRODUCT(S), and bears the
entire risk for failures or faults within the SOFTWARE DEVELOPMENT PRODUCT(S). You
agree that regardless of the cause of failure or fault or the form of any claim,
YOUR SOLE REMEDY AND DEVEXPRESS'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS
AGREEMENT AND IN NO EVENT SHALL DEVEXPRESS'S LIABILITY EXCEED THE PRICE PAID TO
DEVEXPRESS FOR THE SOFTWARE DEVELOPMENT PRODUCT(S). This Limited Warranty is void
if failure of the SOFTWARE DEVELOPMENT PRODUCT(S) has resulted from accident,
abuse, alteration, unauthorized use or misapplication of the SOFTWARE DEVELOPMENT
PRODUCT(S).
13. INDEMNIFICATION.
You hereby agree to indemnify DEVEXPRESS and its officers, directors, employees,
agents, and representatives from each and every demand, claim, loss, liability, or
damage of any kind, including actual attorney's fees, whether in tort or contract,
that it or any of them may incur by reason of, or arising out of, any claim which
is made by any third party with respect to any breach or violation of this
Agreement by you or any claims based on the Applications and the SOFTWARE
DEVELOPMENT PRODUCT(S) included herein.
DEVEXPRESS may provide you with support services related to the SOFTWARE
DEVELOPMENT PRODUCT(S) ("Support Services"). Use of Support Services is governed by
DEVEXPRESS policies and programs described in the user manual, in "on line"
documentation and/or other DEVEXPRESS provided materials. Any supplemental SOFTWARE
DEVELOPMENT PRODUCT(S) provided to you as part of the Support Services shall be
considered part of the SOFTWARE DEVELOPMENT PRODUCT(S) and subject to the terms and
conditions of this EULA. With respect to technical information you provide to
DEVEXPRESS as part of the Support Services, DEVEXPRESS may use such information for
its business purposes, including for SOFTWARE DEVELOPMENT PRODUCT(S) support and
development.
15. TERMINATION.
Without prejudice to any other rights or remedies, DEVEXPRESS will terminate this
EULA upon your failure to comply with all the terms and conditions of this EULA. In
such events, Developer End User must destroy all copies of the SOFTWARE DEVELOPMENT
PRODUCT(S) and all of its component parts including any related documentation, and
must remove ANY and ALL use of DEVEXPRESS intellectual property from any
applications distributed by Developer End User, whether in native, altered or
compiled states.
16. TAX.
DEVEXPRESS delivers its software electronically and does not collect sales or use
tax for residents of US states in which it operates. You should confirm that your
local, state, or federal government does not impose any sales or use tax on
electronically delivered software. You are entirely liable for any such sales or
use tax.
17. MISCELLANEOUS.
No right of use or license is granted for the Map providers available in the
SOFTWARE DEVELOPMENT PRODUCT. Developer End User must obtain and follow the
appropriate licensing terms and right of use set forth by each map provider.
When using OpenStreetMap data, you must read and understand the OpenStreetMap terms
of use. Read the OpenStreetMap Legal FAQ.
http://wiki.openstreetmap.org/wiki/Legal_FAQ
If using OpenStreetMap Tiles, you must read and understand the OpenStreetMaps Tile
Usage Policy. Read the OpenStreetMap Tile Policy.
http://wiki.openstreetmap.org/wiki/Tile_usage_policy
When using Bing Maps, you must read and understand Microsoft's terms of use. Read
the Bing Maps Licensing and Pricing Information.
http://www.microsoft.com/maps/product/licensing.aspx
This EULA shall be construed, interpreted and governed by the laws of the State of
Nevada, U.S.A. This EULA gives you specific legal rights; you may have others that
vary from state to state and from country to country.
This EULA may only be modified in writing signed by you and an authorized officer
of DEVELOPER EXPRESS INC. If any provision of this EULA is found void or
unenforceable, the remainder will remain valid and enforceable according to its
terms. If any remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in the
Limited Warranty shall remain in effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO
BE BOUND BY THE TERMS OF THIS AGREEMENT UPON INSTALLATION AND/OR USE of ALL
SOFTWARE DEVELOPMENT PRODUCT(S) INCLUDED IN THIS DISTRIBUTION.
Should you have any questions concerning this EULA, contact us directly in the
United States at +1 (818) 844 3383, or write: Developer Express Inc. Legal
department / 505 N. Brand Blvd Suite 1600, Glendale CA 91203.
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� use, copy, modify or merge copies of the SOFTWARE and any accompanying
documents except as permitted in this LICENSE;
� separate the computer software programs comprising the SOFTWARE for use by
more than one user at a time; or
V. REDISTRIBUTABLE COMPONENTS.
A. In addition to the license and rights granted in Sections I and II, Infragistics
grants you the right to use the presentation layer framework portion of the
SOFTWARE in electronic format (collectively "PLF") provided:
� You may use the PLF to create your own components, as long as, it is NOT the
basis for creating a product that provides the same, or substantially the same,
functionality as any Infragistics product; and
� in the event You or any of Your developers design, develop or create any
Modifications to the PLF, either independently or jointly with Infragistics, such
Modifications and all Intellectual Property Rights associated therewith will be the
exclusive property of Infragistics.
You will, however, be entitled to use such Modifications under the terms set forth
in this LICENSE. You and Your developers agree to assign, and hereby assign, to
Infragistics the ownership of all such right, title and interests in such
Modifications to the PLF including, without limitation, all Intellectual Property
Rights therein and Infragistics shall have the right to obtain and hold same in its
own name, without obligation of any kind to You except for the rights granted under
this LICENSE. You also agree to, and shall ensure Your developer(s), execute,
acknowledge and deliver to Infragistics all documents and do all things
Infragistics deems necessary or desirable, at no cost to You or them but at
Infragistics expense, to enable Infragistics to obtain and secure its rights to
such Modifications anywhere in the world. You agree to secure all necessary rights
and obligations from Your employees, consultants or agents in order to satisfy the
foregoing obligations. You will not grant, either expressly or impliedly, any
rights, title, interest, or licenses to any such Modifications to any third party.
B. In addition to the license and rights granted in Sections I and II, Infragistics
grants You a non-exclusive, royalty-free, revocable and limited license right to
reproduce and distribute, in object code form, those portions of the SOFTWARE
identified in the documentation as: (i) the VBX and/or OCX controls and/or DLL
controls and/or class files and/or jar files; and (ii) REDISTRIBUTABLE DLLs,
(collectively the "REDISTRIBUTABLES"); provided that:
� You do not use Infragistics' name, logo or trademarks to market your software
application product.
C. In addition to the other requirements set forth in this Section V, You hereby
agree to indemnify, hold harmless, and defend Infragistics from and against any and
all liabilities, damages, losses, costs and expenses (including reasonable
attorneys' fees) arising from or related to any claim, action, proceeding or
allegation that arises or results, either directly or indirectly, from: (i) Your
use and the use by Your employees, consultants and agents of the SOFTWARE; (ii) any
breach by YOU or them of the terms of this LICENSE; and (iii) the use and
distribution of any of Your software application product(s) or components.
IX. TERM;TERMINATION.
A. The term of this LICENSE will commence on the Effective Date and will remain in
effect in perpetuity, unless otherwise terminated in accordance with this Section
IX.
B. You may voluntarily terminate this LICENSE at any time by deleting all copies
of the SOFTWARE. Infragistics credit policy is available upon request.
C. This LICENSE and your right to use the SOFTWARE will terminate immediately
without notice from Infragistics if You fail to comply with the terms and
conditions of this LICENSE. This is in addition to and not in lieu of any
criminal, civil or other remedies available to Infragistics.
D. Upon any termination of this LICENSE, all rights granted to You in the SOFTWARE
and under this LICENSE will immediately cease. You agree to destroy the SOFTWARE
(including all accompanying documentation) and all copies thereof in any form.
In addition to this Section IX, the following Sections will survive any termination
or of this LICENSE: I.A, III, IV.B. V, X, XII, XIII and XV.
X. CONFIDENTIALITY.
You acknowledge and agree that the SOFTWARE provided to you pursuant to this
LICENSE, as well as any Source Code, Updates and Modifications thereto contain
trade secrets, know-how and other confidential and proprietary information
including, without limitation, the concepts, techniques, ideas, algorithms,
methods, and structure and design elements embodied and expressed in any computer
programs or modules included in the SOFTWARE, as well as the structure, sequence
and organization of such programs or modules (�Confidential Information�) that is
the exclusive property of Infragistics, the development of which required the
expenditure of considerable time and money by Infragistics. You further
acknowledge that any disclosure to third parties of the Confidential Information
may cause immediate and irreparable harm to Infragistics.
You agree to maintain in confidence the SOFTWARE, Source Code, any Updates and
Modifications as well as all Confidential Information by using at least the same
physical and other security measures as you use for your own confidential technical
information and documentation, but in no event less that a commercially reasonable
standard of care. You further agree not to disclose the SOFTWARE, Source Code, any
Updates and Modifications and the Confidential Information to anyone other than
Your employees or contractors who have a need to know or obtain access to such
Confidential Information in order to support your authorized use of the SOFTWARE
and who are bound to protect the SOFTWARE, Source Code, any Updates and
Modifications and such Confidential Information against any other use or
disclosure. You shall be fully responsible for Your employees' or consultants'
compliance with this Section X. These obligations shall not apply to any portion
of the SOFTWARE, Source Code, any Updates and Modifications or Confidential
Information which is: (i) generally available to the public, or (ii) independently
developed by You without reliance on the Confidential Information, or (iii)
approved in writing for release by Infragistics without restriction.
XV. MISCELLANEOUS.
This LICENSE is governed by, and shall be construed in accordance with the laws of
the State of New Jersey as applied to agreements entered into and to be performed
entirely within New Jersey. This LICENSE is the entire agreement between You and
Infragistics regarding the subject matter hereof and supersedes all other
agreements between us, whether written or oral, relating to this subject matter
hereof. In the event of a conflict between this Agreement and any terms of service
or other information on the Infragistics web-site, this Agreement will prevail.
You may not transfer Your rights under this LICENSE to any third party. If any
provision of this LICENSE is invalid, illegal, or incapable of being enforced by
any rule of law or public policy, all other provisions of this LICENSE will
nonetheless remain in full force and effect.
PATENTS PENDING. The following products are covered by one or more pending patents:
NetAdvantage� Ultimate, NetAdvantage for .NET, NetAdvantage for ASP.NET,
NetAdvantage for Windows Forms, NetAdvantage for WPF, NetAdvantage for Silverlight,
NetAdvantage AppStylist� for ASP.NET, NetAdvantage for Windows Phone, NetAdvantage
Reporting, NetAdvantage for Visual Studio LightSwitch, NetAdvantage for SharePoint,
NetAdvantage AppStylist for Windows Forms, NetAdvantage AppStylist for ASP.NET (Web
AppStylist), IgniteUI, Indigo Studio, NucliOS, IguanaUI, ReportPlus and SharePlus.
The SOFTWARE is protected by United States copyright laws and international treaty
provisions. All rights are reserved worldwide.
-----------------------------------------------------------------------------------
---------------------------------------------------------------
Customer MUST:
a) Comply with and ensure that its Distributors comply with US and other
government export control regulations.
b) Ensure that its End Users and Distributors agree not to decompile, reverse
compile, decrypt or disassemble the REDISTRIBUTABLES.
c) Include the appropriate Government Restricted Rights legend specified below
on all copies of its products incorporating Northwoods technology in accordance
with applicable FAR and DFAR regulations.
d) Have all its employees and contractors who have access to the Software sign
(or confirm they have signed) an employee, contractor or other agreement that
obligates them to protect the Software as confidential.
e) Ensure that Distributors of its software products which include permitted
parts of the Software distribute same to End Users subject to a written or shrink
wrap license meeting the requirements defined in this Agreement.
f) Obtain a written license from its Distributors and End Users, which may be a
shrink-wrap or download license, which incorporates these same requirements (a)-
(f).
g) Safeguard the Software as it does its own confidential information.
The source code of the Software is a valuable asset of Northwoods. Customer agrees
to keep all source code of the Software in confidence. Except as expressly
provided in this License Agreement, Customer may not transfer or assign the
Software or Customer's rights under this License Agreement without Northwoods'
consent (which consent shall not be unreasonably withheld) except to the transferee
of all or substantially all of Customer's assets whether pursuant to a sale,
merger, or otherwise.
Limited Warranty
Northwoods warrants that the Software will operate substantially in accordance with
its user documentation, and that the media on which the Software is furnished will
be free from defects in material and workmanship under normal use for a period of
thirty (30) days from the date of delivery of the Software to Customer. Northwoods
and its licensor do not otherwise warrant that the operation or execution of the
Software will be uninterrupted or error free, or as to the accuracy or completeness
of user documentation.
Upon written notice from Customer within the thirty (30) day warranty period
Northwoods' entire liability, and Customer's exclusive remedy, shall be: (i) the
replacement of the media on which the Software is furnished if the media proves
defective, (ii) repair or replace any defective Software, or (iii) if neither of
these remedies is practical in Northwoods' sole opinion, Northwoods� authorized
dealer from which Customer purchased the product may refund money Customer has paid
as the License Fee under this agreement and Northwoods shall cancel this License
Agreement and the licenses granted herein. In the last event, Customer agrees to
return all copies of the Software and certify in writing they have been removed
from all Customer systems or destroyed.
This warranty is void if the media defect has resulted from accident, abuse, or
misapplication. Any replacement of media will be warranted for the remainder of
the original warranty period. This warranty does not apply to failure of the
Software to operate in accordance with the user documentation which results from
(i) improper use of the Software not substantially in accordance with the related
documentation, (ii) other conditions external to the Software that occur following
the delivery of the Software by Northwoods, and (iii) any modifications to the
Software not made by Northwoods or its agents.
In connection with any warranty claim, Customer will use its best efforts to
provide Northwoods with sufficient information to allow reproduction of any
reported bugs.
THE ABOVE WARRANTIES ARE CUSTOMER'S EXCLUSIVE WARRANTIES AND NO OTHER WARRANTIES
SHALL APPLY. NORTHWOODS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING,
WITHOUT LIMITATION, ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. .
NORTHWOODS' WARRANTY DOES NOT APPLY TO CONDITIONS RESULTING FROM IMPROPER USE,
EXTERNAL CAUSES, OR MODIFICATIONS TO DELIVERABLES NOT MADE BY NORTHWOODS OR ITS
AGENTS.
LIMITATION OF LIABILITY
NORTHWOODS' LIABILITY FOR ANY CAUSE WHATSOEVER UNDER THIS LICENSE AGREEMENT, SHALL
BE LIMITED TO THE LICENSE FEE PAID TO NORTHWOODS. IN NO EVENT WILL NORTHWOODS BE
LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY
INDIRECT, INCIDENTAL, LOSS OF DATA OR USE, LOST PROFITS, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION EVEN IF NOTIFIED IN ADVANCE OF
SUCH POSSIBILITY) ARISING OUT OF OR PERTAINING TO THE SUBJECT MATTER OF THIS
LICENSE AGREEMENT. Some jurisdictions do not allow exclusion or limitation of
liability for consequential or incidental damages, so the above limitation may not
apply to you.
If Northwoods terminates this Agreement for cause Customer shall deliver the
Software and all copies thereof to Northwoods within thirty (30) days of the
effective termination date; provided however, that (I) Customer shall have the
right to distribute any products incorporating the Software in inventory as of the
date of termination, (II) Customer's license shall survive to the extent necessary
to support existing end users and (III) that all then existing end user licenses
shall survive.
General Terms
Each party to this Agreement shall be and remain an independent contractor, nothing
herein shall be deemed to constitute the parties as partners; and neither party
shall have any authority to act, or attempt to act, or represent itself, directly
or by implication, as an agent of the other or in any manner assume or create, or
attempt to assume or create, any obligation on behalf of or in the name of the
other, nor shall either be deemed the agent or employee of the other.
All rights and remedies, whether conferred by this Agreement or by any other
instrument or by law shall be cumulative, and may be exercised singularly or
concurrently. If any provision of this Agreement is held invalid by any law, rule,
order or regulation of any government or by the final determination of any court of
competent jurisdiction, such invalidity shall not affect the enforceability of any
other provisions not held invalid.
In the event a court of competent jurisdiction finds any of the provisions of this
Agreement to be invalid, illegal, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions shall not in any way be
affected or impaired but shall remain in full force and effect, unless such
provision may be reduced in scope by the court to the extent it deems necessary to
render the provision reasonable and enforceable, and the parties shall negotiate in
good faith to achieve a new legally enforceable provision(s) which most closely
approximates the original intent of the provision(s) declared unenforceable or
illegal.
This Agreement constitutes the entire agreement between the parties on the subject
matter of this Agreement and supersedes any previous understandings, commitments or
agreements, oral or written, pertaining to the subject matter of this Agreement.
It may not be modified except by a writing signed by authorized representatives of
both parties. If either party fails to enforce any term, failure to enforce on
that occasion shall not prevent enforcement on any other occasion.
This License Agreement is governed by the laws of the state of New Hampshire,
excluding its conflict of laws provisions.
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7. Go Xam 2.1
This Agreement sets forth the terms and conditions applicable to your License of
the Licensed Software and the Documentation. Please note that, as more
particularly set forth in this Agreement, certain of the terms and conditions set
forth in this Agreement may not be applicable to your License, depending on the
type of License that you purchased and the terms of your License Certificate.
*** IMPORTANT NOTICE ***
BY INSTALLING, COPYING, OR OTHERWISE USING ANY OF THE LICENSED SOFTWARE, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT INSTALL ANY OF THE LICENSED
SOFTWARE.
NOTE: Unless you have purchased an OEM License or an Internal Use License, your
usage of any Licensed Software and related Documentation is governed by an
Evaluation License, as such terms are defined below.
In addition to the foregoing, the terms and conditions of this Agreement include
the following:
1.0 DEFINITIONS
The following terms and variations thereof shall have the following meanings:
�Agreement� means this Software License Agreement between Northwoods and Customer.
�Customer� means you, the individual or single entity in whose name the License
Certificate was issued.
�Developer� means an Internal User who uses a Licensed Product to develop one or
more Licensed Applications.
�Intellectual Property Right� means any U.S. or foreign patent, copyright, trade
secret, trademark, industrial property, or other proprietary or intellectual
property right of any kind.
�License Effective Date� means the date on which Customer first installs any
Licensed Software on a computer for evaluation purposes, or, if the Customer
purchased an Internal Use License or an OEM License, the date on which Customer
placed the order therefor.
�License Term� means the duration of the License, which depends on the type of
License and the License-Specific Terms, all as more particularly set forth in this
Agreement.
�Licensed Software� means any Northwoods� computer software product licensed for
use under this Agreement, including any Updates of such computer software product
that may be supplied to Customer by Northwoods. The Licensed Software is
identified in the License-Specific Terms.
�Object Code� means, with respect to software, an encoded form of such software
that allows such software to be used on a computer, but which is not intended to
allow such software to be enhanced or otherwise modified.
�Redistributables� means (a) the Object Code form of portions of the Licensed
Software, which portions are described as such in the Documentation and are usually
provided as Dynamic Link Libraries (DLL�s), tar files, zip files, JAR files, or
javascript files (depending on the specific product), and (b) also the Source Code
or Object Code form of the Sample Code as originally supplied to, or as modified
by, Customer.
�Sample Code� means the Source Code version of the computer software supplied by
Northwoods and described as �sample code� in the Documentation, which computer
software is intended to illustrate how to use the Licensed Software.
�Source Code� means, with respect to software, an encoded form of such software
that allows a software developer to enhance and otherwise modify such software and
that can be used, with certain software development tools, to produce Object Code.
�Update� means any bug fix, correction, patch, workaround, enhancement, release,
version, or other update of a Licensed Product provided by Northwoods to Customer
after the initial delivery of such Licensed Product.
2.1.1 Subject to the further terms and conditions of this Agreement, Northwoods
grants to Customer a License to use each Licensed Product, as follows:
(i) Customer may only use the Licensed Product for evaluation purposes; and
(ii) the License Term shall commence on the License Effective Date and shall
continue thereafter for the Trial Period, subject to termination of the License
during the License Term as otherwise set forth in this Agreement.
The Licensed Software may include a duration limitation that tracks the License
Term and may disable the Licensed Software when the License Term expires. If
Customer purchases an Internal Use License or an OEM License for the Licensed
Product, Northwoods will provide Customer with a software code which, when
activated, will deactivate any such duration limitation.
(b) Internal Use License. If the License is an Internal Use License, then:
(i) the License Term shall commence on the License Effective Date and shall
continue thereafter for the period set forth in the License-Specific Terms, subject
to termination of the License during the License Term as otherwise set forth in
this Agreement;
(ii) the aggregate number of Developers who may use the Licensed Software to
develop Licensed Applications is specified in the License-Specific Terms;
(iii) the aggregate number of Licensed Applications that such Developer(s) may
develop is specified in the License-Specific Terms;
(iv) all Licensed Application End Users must be Internal Users; and
(v) the aggregate number of Licensed Application End Users who are authorized to
use each Licensed Application is specified in the License-Specific Terms.
(i) the License Term shall commence on the License Effective Date and shall
continue thereafter for the period set forth in the License-Specific Terms, subject
to termination of the License during the License Term as otherwise set forth in
this Agreement;
(ii) the aggregate number of Developers who may use the Licensed Software to
develop Licensed Applications is specified in the License-Specific Terms;
(iii) the aggregate number of Licensed Applications that such Developer(s) may
develop is specified in the License-Specific Terms;
(iv) the Licensed Application End Users may be Internal Users or External Users;
and
(v) the aggregate number of Licensed Application End Users who are authorized to
use each Licensed Application is not limited.
For the avoidance of doubt, upon the expiration or earlier termination of the
License Term (unless, and then only to the extent that, the License Term is renewed
by Northwoods), (A) no further Licensed Applications may be developed, and (B) with
respect to any Licensed Application that was developed prior to such expiration or
termination, any Licensed Application End User who was using such Licensed
Application prior to such expiration or termination may continue to use such
Licensed Application after such expiration or termination, but no other Licensed
Application End Users or anyone else may use such Licensed Application.
2.1.2 Customer may make such number of copies of each Licensed Product as may
reasonably be required for Customer�s exercise of its License rights and for
archival purposes. Each such copy shall be and remain subject to all usage and
other restrictions applicable to such Licensed Product under this Agreement. All
such copies are and shall remain the sole property of Northwoods and subject to
this Agreement. All Intellectual Property Rights notices included in such Licensed
Product must be maintained in all such copies and may not be altered or removed.
2.1.3 Customer is solely responsible for all hardware, infrastructure systems, and
third party software associated with operating the Licensed Software.
2.1.4 Except as may otherwise expressly be permitted by this Agreement, and subject
to such additional limitations and restrictions as are set forth in this Agreement,
CUSTOMER MAY NOT:
(b) modify any Licensed Product, or create any derivative work of any Licensed
Product;
(c) reverse engineer, disassemble, decompile, or take any other action to derive
the Source Code form of any of the Licensed Software;
(d) use any Licensed Product, nor permit any Licensed Product to be used, other
than by one or more Developers (the number of permitted Developers being specified
in the License-Specific Terms) to develop a Licensed Application;
(e) rent, lease, transfer, sell, sublicense, or distribute any Licensed Product
thereof to any third party without the express written consent of Northwoods; for
the avoidance of doubt, no time-sharing or service-sharing use of any Licensed
Product by any third party is permitted;
(f) use any Licensed Product to develop a Licensed Application whereby such
Licensed Product either (i) is competitive with the Licensed Product, or (ii)
constitutes a substantial portion of the value of such Licensed Application; nor
(g) distribute any portion of any Licensed Product other than the
Redistributables, which may only be distributed in Object Code form and only as
part of a Licensed Application.
2.1.5 Except as otherwise set forth in this Section, the Licensed Software is
provided and may only be used in Object Code form. If the License-Specific Terms
expressly provide that any of the Licensed Software is being licensed with Source
Code rights, then such Licensed Software shall also be provided and may be used in
Source Code form. In such case, Customer:
(a) may modify such Licensed Software and use the modified Licensed Software in
the same fashion, and subject to the same restrictions, as the unmodified Licensed
Software (however, for the avoidance of doubt, Customer shall not redistribute any
Source Code); and
(b) shall defend, indemnify, and hold harmless Northwoods and its affiliates, and
its and their respective successors and assigns, and all of the respective
officers, directors, employees, stockholders, managers, members, agents, and
representatives of any of the foregoing (each, an �Indemnitee�) from and against
any and all claims, losses, damages, liabilities, costs, and expenses (including
reasonable attorneys� and other professional fees) suffered or incurred by
Northwoods or any other Indemnitee that arise out of or relate to any modifications
of such Licensed Software made by Customer.
(a) Customer may terminate such License at any time and for any reason by written
notice to Northwoods;
(b) if Customer breaches any of its obligations under this Agreement, then such
License shall automatically terminate; and
2.2.2 Upon the expiration or earlier termination of such License, Customer shall:
(a) immediately cease all use of each Licensed Product that is listed in the
applicable License Certificate; and
(b) promptly destroy all copies (including tangible, electronic, magnetic, and
other copies) of each such Licensed Product.
2.3.1 Each Licensed Product and all Intellectual Property Rights therein are the
exclusive property of Northwoods or its licensors. All rights in and to each
Licensed Product not specifically granted to Customer under this Agreement are
reserved to Northwoods.
2.3.2 Customer shall not alter or remove any Intellectual Property Rights notices
or any other legal notices contained on or in copies of any Licensed Product. If
Customer is permitted by Northwoods to make any copies of any Licensed Product,
Customer shall reproduce all such notices on or in all copies. The existence of
any copyright notice shall not constitute publication and shall not be construed as
an admission or presumption of publication of any Licensed Product.
2.4 Confidentiality
2.4.1 Customer agrees that each Licensed Product is confidential and proprietary to
Northwoods. Customer agrees to hold each Licensed Product in confidence and not to
disclose such Licensed Product without the prior written approval of Northwoods,
except:
(c) that Customer may distribute Redistributables (in Object Code form) as part
of Licensed Applications as permitted by Section 2.1.
2.4.2 Customer shall take all reasonable steps to safeguard all copies of each
Licensed Product and ensure that no persons, whether or not authorized to have
access to a Licensed Product, shall take any action in violation of this Agreement.
(a) If the License is an Internal Use License or an OEM License, then Northwoods
warrants (the �Limited Warranty�) that the Licensed Software will, for a period of
thirty (30) days following the date on which the Licensed Software was first
delivered to Customer (the �Limited Warranty Period�), function substantially as
set forth in the Documentation therefor. The Limited Warranty is only for the
benefit of Customer. The Limited Warranty shall not apply to an Evaluation
License.
(b) Customer�s sole and exclusive remedy for any breach of the Limited Warranty
shall be as follows:
(i) If the Limited Warranty is breached, Customer must, during the Limited
Warranty Period, notify Northwoods in writing of the non-conformity in the Licensed
Software that constitutes the breach.
(ii) In the event such a notification is given to Northwoods during the Limited
Warranty Period, Northwoods will attempt to verify the non-conformity reported by
Customer and, if verified, ascertain the reason for the non-conformity and supply a
correction or bypass.
(c) The Limited Warranty shall not apply if any breach of the Limited Warranty is
due to: (i) the use of the Licensed Software other than in accordance with the
Documentation; or (ii) any modification of the Licensed Software other than an
Update provided by Northwoods during the Limited Warranty Period.
3.2 Disclaimers.
(a) All software contains errors, and Customer acknowledges that the use of any
software (including the Licensed Software) entails the likelihood of some human and
machine errors, omissions, delays, interruptions, and losses, including inadvertent
loss of data or damage to media, which may give rise to loss or damage.
Accordingly, NORTHWOODS MAKES NO WARRANTY THAT THE LICENSED SOFTWARE IS ERROR-FREE.
(b) NORTHWOODS ALSO MAKES NO WARRANTY THAT ANY LICENSED PRODUCT WILL MEET
CUSTOMER�S REQUIREMENTS.
(c) EXCEPT FOR THE LIMITED WARRANTY (WHICH APPLIES ONLY TO AN INTERNAL USE
LICENSE AND AN OEM LICENSE, AND NOT TO AN EVALUATION LICENSE), EACH LICENSED
PRODUCT IS PROVIDED �AS IS� AND NORTHWOODS MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO ANY LICENSED PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, NORTHWOODS DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AND ANY OTHER IMPLIED WARRANTY ARISING OUT OF OR IN
CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY LICENSED PRODUCT.
4.1 THE TOTAL LIABILITY OF NORTHWOODS UNDER THIS AGREEMENT (INCLUDING AS A RESULT
OF A BREACH OF ANY OF NORTHWOODS� OBLIGATIONS HEREUNDER AND/OR FOR THE DELIVERY,
USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY LICENSED PRODUCT), WHETHER ARISING IN
CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER CLAIM OR ACTION, SHALL BE
LIMITED TO THE DIRECT LOSSES AND DAMAGES SUFFERED BY CUSTOMER THAT ARE OTHERWISE
RECOVERABLE UNDER THIS AGREEMENT, IN AN AMOUNT NOT TO EXCEED THE SUM OF TEN DOLLARS
($10.00).
4.2 NORTHWOODS NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ON
NORTHWOODS� BEHALF, ANY LIABILITIES IN ADDITION TO THOSE LIABILITIES OF NORTHWOODS
SPECIFICALLY SET FORTH IN THIS AGREEMENT.
4.3 Except as otherwise expressly set forth in Section 3.1(b)(iii), ALL AMOUNTS
PAID BY CUSTOMER TO NORTHWOODS ARE NON-REFUNDABLE.
4.5 Customer is responsible for any and all uses of each Licensed Product
(including testing of the same to determine whether it does or does not meet
Customer�s requirements) and for the distribution and use of any Redistributables
as part of Licensed Applications. Customer agrees that Northwoods shall have no
liability or responsibility for any use of any Redistributable as part of any
Licensed Application, and Customer shall defend, indemnify, and hold harmless
Northwoods and all other Indemnitees from and against any and all claims, losses,
damages, liabilities, costs, and expenses (including reasonable attorneys� and
other professional fees) that arise out of or relate to any such uses.
4.6 Customer acknowledges that the limitations on Northwoods� liability set forth
in this Agreement are a material part of the consideration payable by Customer to
Northwoods under this Agreement and that Northwoods would not have entered into
this Agreement without such limitations.
5.1 Customer is solely responsible for any and all sales, use, and other taxes
and governmental charges applicable to this Agreement and/or each Licensed Product,
including the transfer of any media and/or data. Notwithstanding the foregoing, in
no event shall Customer be responsible for any taxes based on the net income of
Northwoods.
5.2 Customer may not export or otherwise use any Licensed Product or any
Redistributable except as authorized by United States law and the laws of the
jurisdiction(s) in which such Licensed Product or Redistributable is to be used.
In particular, but without limitation, no Licensed Product or Redistributable may
be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Department of Commerce Denied Person�s List or Entity List. Customer
represents and warrants that Customer is not located in any such country or on any
such list.
5.3 If any Licensed Product is licensed to or for use by the U.S. Government or
any agency thereof, the following provisions shall apply: Such license and usage
rights include only those rights expressly set forth in this Agreement (which are
the rights customarily provided by Northwoods to the public) and do not include any
additional rights to use, modify, reproduce, release, perform, display, or disclose
any Licensed Product or Redistributable. All Licensed Software and
Redistributables are �Commercial Computer Software�, and all Documentation is
�Commercial Computer Software Documentation�, within the meaning of the applicable
civilian and military Federal acquisition regulations and any supplement thereto.
If a government agency has a need for rights not conveyed under these terms, it
must negotiate with Northwoods to determine if there are acceptable terms for
transferring such rights, and a mutually acceptable written addendum specifically
conveying such rights must be executed and delivered by Northwoods and the
government agency. The contractor/manufacturer is Northwoods Software Corporation,
142 Main Street, Nashua, New Hampshire, USA.
5.4 All unpublished rights are reserved under the copyright laws of the United
States and all applicable foreign countries.
(a) This Agreement shall be governed by and construed in accordance with the laws
of the State of New Hampshire, USA, without reference to its conflict of laws
principles. The provisions of the United Nations Convention on Contracts for the
International Sale of Goods are excluded.
(b) The parties agree that, in the event of any action for enforcement of or
breach of this Agreement, the Federal and State courts of the State of New
Hampshire shall have exclusive jurisdiction over the enforcement of this Agreement,
and the parties specifically consent to, and agree that they are subject to, the
jurisdiction of such courts; provided, that Northwoods shall be entitled to seek
injunctive or other equitable relief in any court of competent jurisdiction.
6.2 Notices. Except as otherwise specifically set forth in this Agreement, all
notices and other communications required to be given under this Agreement shall be
in writing and shall be deemed to have been sufficiently given if sent by
registered or certified mail, return receipt requested, or by a nationally
recognized express courier. Any such notice (a) if given to Northwoods, shall be
sent to Northwoods at its address set forth on its web site (www.nwoods.com or any
successor thereto), or (b) if given to Customer, shall be sent to Customer at its
address set forth in the License-Specific Terms or such other address as Customer
may have notified Northwoods in writing.
6.4 Enforceability. Each provision of this Agreement shall be valid and enforced
to the fullest extent permitted by law. If there is any conflict between any
provision of this Agreement and any statute, law, or governmental ordinance, order,
rule, or regulation, the latter shall prevail; provided, that any such conflicting
provision shall be curtailed and limited only to the extent necessary to bring it
within the legal requirements and the remainder of this Agreement shall not be
affected thereby.
6.5 Waiver. The failure of any party to enforce any term or condition of this
Agreement shall not constitute a waiver of such party�s right to enforce such term
or condition or any other term or condition of this Agreement, unless waived in
writing.
6.6 Force Majeure. Neither party will be liable for any failure to perform any
of such party�s obligations under this Agreement (excluding, however, a party�s
payment obligations) due to any causes beyond such party�s reasonable control,
including acts of God (including earthquakes and other natural disasters), war,
riot, embargoes, acts of civil or military authorities, fire, flood, accident, and
strikes. In the event of any such cause, the affected party�s time for delivery or
other performance will be extended for a period equal to the duration of the delay
caused thereby.
6.8 Entire Agreement. This Agreement, including the License-Specific Terms, (a)
is the entire agreement between Northwoods and Customer with respect to Northwoods�
license to Customer of the Licensed Product(s) and Customer�s right to use the
same, and (b) supersedes all prior agreements, covenants, understandings,
representations, warranties, and undertakings, whether written, electronic, or
oral, between the parties regarding such matters.
6.9 Amendments. This Agreement may only be amended by a writing duly executed
and delivered by each party.
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8. Teigha 3.08
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9. CadLib 4.0
This EULA is a binding legal agreement between you and Wout Ware (hereinafter
"Licensor") for the materials accompanying this EULA, including the accompanying
computer software, associated media, printed materials and any "online" or
electronic documentation (hereinafter the "Software"). By installing the Software,
you agree to be bound by the terms of this EULA. If you do not agree to the terms
of this EULA, do not install or attempt to use the Software.
1. Grant of License
The Software is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The Software is licensed,
not sold. Wout Ware retains all rights not expressly granted to you in this EULA.
This EULA grants you the following rights:
A. You as a single developer are granted to use the Software on your compatible
computer, up to the Permitted Number of Developers. You are licensed to use all
versions of the Software released within the period of a year of the date of
purchase of the license.
B. If you are a licensee of the Software, you are granted a license to
distribute the Software royalty-free as part of any applications developed by you.
You may not distribute or sell the Software as part of another component or library
without Licensor�s prior express written consent. The Software may not be used in
applications other than those developed by you.
C. You may store or install a copy of the Software on a storage device, such as
a network server. You must, however, acquire a license for each separate Developer
who uses the Software.
D. Your license rights under this EULA are non-exclusive. All rights not
expressly granted herein are reserved by Licensor.
E. You may not sell, transfer or convey the Software to any third party without
Licensor's prior express written consent..
2. Support Services
Licensor may provide you with support services related to the Software ("Support
Services"), at its discretion. Use of Support Services, if any, is governed by
Licensor's policies and programs described in any users manual, in online
documentation, and/or in other Licensor-provided materials. Any supplemental
Software code provided to you as a part of Support Services will be considered part
of the Software and subject to the terms of this EULA. With respect to technical
information you provide to Licensor as part of the Support Services, Licensor may
use such information for its business purposes, including for product support and
development. Licensor will not utilize such technical information in a form that
personally identifies you except to the extent necessary to provide you with
support.
3. Replacement, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade the
Software. When accepted by you, any such replacement or modified Software code or
upgrade to the Software will be considered part of the Software and subject to the
terms of this EULA (unless this EULA is superceded by a further EULA accompanying
such replacement or modified version of or upgrade to the Software).
4. Termination
You may terminate this EULA at any time by destroying all your copies of the
Software. Your license to the Software automatically terminates if you fail to
comply with the terms of this agreement. Upon termination, you are required to
remove the Software from your computer and destroy any copies of the Software in
your possession.
5. Copyright
A. All title and copyrights in and to the Software (including but not limited to
any source code, images, photographs, animations, video, audio, music and text
incorporated into the Software), the accompanying printed materials, and any copies
of the Software, are owned by Licensor or its suppliers. This EULA grants you no
rights to use such content (with the exception of example source code). If this
Software contains documentation that is provided only in electronic form, you may
print one copy of such electronic documentation. Except for any copies of this
EULA, you may not copy the printed materials accompanying the Software.
B. You may not reverse engineer, de-compile, disassemble, alter, modify, rent,
lease, loan, sublicense the Software in whole or part.
6. Export Restrictions
You may not export, ship, transmit or re-export software in violation of any
applicable law or regulation including but not limited to Export Administration
Regulations issued by the U. S. Department of Commerce.
7. Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND
HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF
VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
8. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS
SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE
EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Arbitration
Any dispute arising under this EULA will be subject to binding arbitration by a
single Arbitrator with the American Arbitration Association (AAA), in accordance
with its relevant industry rules, if any. The parties agree that this EULA will be
governed by and construed and interpreted in accordance with the laws of the State
of Texas. The arbitration will be held in Texas. The Arbitrator will have the
authority to grant injunctive relief and specific performance to enforce the terms
of this EULA. Judgment on any award rendered by the Arbitrator may be entered in
any Court of competent jurisdiction.
10. Severability
If any term of this EULA is found to be unenforceable or contrary to law, it will
be modified to the least extent necessary to make it enforceable, and the remaining
portions of this Agreement will remain in full force and effect.
11. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in
writing signed by a duly authorized representative of the party against whom the
waiver is to be asserted, and no waiver of any past or present right arising from
any breach or failure to perform will be deemed to be a waiver of any future rights
arising out of this EULA.
12. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its
subject matter, and supersedes all prior agreements, proposals, negotiations,
representations or communications relating to the subject matter. Both parties
acknowledge that they have not been induced to enter into this EULA by any
representations or promises not specifically stated herein.
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Herein, �Use�, �Uses� or �Used� means to access any of the files that are included
with the Software, to develop an application that makes use of the Software, to
consult any of the documentation included with the Software, or to otherwise
benefit from using the Software, either directly, or indirectly through a software
wrapper around the Software.
The license rights granted under this Agreement do not apply to development or
distribution of: (1) software development products or toolkits of any kind,
including but not limited to any class libraries, components, controls, XML web
services, cloud services, compilers, plug-ins, adapters, DLLs, APIs or SDKs
destined to be used by software developers other than licensees that are
Authorized; and (2) software to be licensed or distributed under an open source
model, including, without limitation, models similar to Microsoft Public License,
GNU's General Public License (GPL), Lesser GPL, the Artistic License (e.g., PERL),
the Mozilla Public License, the Netscape Public License, the Sun Community or
Industry Source License or the Apache Software license.
If Licensee is Authorized and has purchased a �site� subscription, the Software may
be Used by any number of software developers on any number of computers in up to
two physical buildings at Licensee�s premises.
The Software includes certain runtime libraries and binary files intended for
duplication and distribution by a Licensee that is Authorized. These runtime
libraries and binary files are specifically identified in the �Redistributable
Files� section of the documentation included with the Software (herein,
�Redistributable Files�).
The source code to the Software (�Source Code�) is provided to the Licensee by
Xceed, in a separate installation package, provided that Licensee has legitimately
obtained a �Blueprint Subscription� for the Software from Xceed or an authorized
reseller (Licensee is then considered �Blueprint Authorized�). If some portions of
the Software�s source code are not provided, they are generally listed in the
"Source Code Information" topic in the documentation included with the Software.
The foregoing license is subject to the following conditions: (i) Xceed shall
retain all rights, title and interest in and to all corrections, modifications and
derivative works of the Source Code created by Licensee, including all copyrights
subsisting therein, to the extent such corrections, modifications or derivative
works contain copyrightable code or expression derived from the Source Code; (ii)
Licensee may not distribute or disclose the Source Code, or any portions or
modifications or derivative works thereof, to any third party, in source code form;
(iii) Licensee acknowledges that the Source Code contains valuable and proprietary
trade secrets of Xceed, and agrees to take reasonable measures to help insure its
confidentiality; (iv) 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 Xceed product; (v) If Licensee
distributes a compiled version of the modified Source Code or portions thereof,
Licensee must distribute it in accordance with the conditions listed in section 3
(�GRANT OF DUPLICATION AND DISTRIBUTION LICENSE�) regarding the distribution of
Redistributable Files; and (vi) Licensee will not request technical support or
error corrections from Xceed on issues arising out of any modifications of the
Source Code.
Licensee shall not be considered liable for any 3rd party malicious attempts to
directly or indirectly acquire the Source Code by decompiling, disassembling or
otherwise reverse engineering the Software.
In addition to the licenses granted above, Xceed grants Licensee the non-exclusive
license to Use, copy and modify the source code version of those portions of the
Software identified as "Samples" or "Sample Code" or "Sample applications" ("Sample
Code") for the sole purposes of designing, developing, and testing Licensee�s
software product(s). If Licensee is Authorized, Licensee may distribute any
software products developed by Licensee that contain the Sample Code or
modifications thereof.
The foregoing license is subject to the following condition: Licensee agrees to (i)
not use Xceed�s name, logo, or trademarks to market their software product(s); (ii)
include a valid copyright notice on all copies of the Sample Code and any
derivative works thereof; (iii) to indemnify and hold harmless Xceed from and
against any claims or lawsuits, including attorneys� fees, that arise from or
result from the use, copying, modification or distribution of the Sample Code
and/or derivative works thereof, and (iv) not permit further distribution of the
Sample Code and/or derivative works by third parties.
8. REVERSE-ENGINEERING
9. RESTRICTIONS
Licensee may not Use, copy, modify, translate, or transfer the Software,
documentation, license key, or any of the files included with the Software except
as expressly defined in this agreement. Licensee may not attempt to unlock or
bypass any �copy-protection�, licensing or authentication algorithm utilized by the
Software. Licensee may not remove or modify any copyright notice, nor any "About"
dialog or the method by which it may be invoked. Licensee may not rent or lease the
Software. Violations will be prosecuted to the maximum extent possible under the
law.
The Software is provided as is, without any representation or warranty of any kind,
either express or implied, including without limitation any representations or
endorsements regarding the use of, the results of, or performance of the product,
its appropriateness, accuracy, reliability, or correctness. The entire risk as to
the use of this product is assumed by Licensee. Xceed does not assume liability for
the use of the Software beyond its original purchase price. In no event will Xceed
be liable for additional direct or indirect damages including any lost profits,
lost savings, or other special, incidental or consequential damages arising from
any defects, or the use or inability to use the Software, even if Xceed has been
advised of the possibility of such damages.
Licensee acknowledges and agrees that the Software may be subject to export
restrictions and controls. Licensee agrees and certifies that neither the Software
nor any direct product thereof (e.g. any application software product developed by
Licensee that uses the Software) is being or will be acquired, shipped,
transferred, exported or re-exported, directly or indirectly, into any country
prohibited by U.S. or Canadian export restrictions and controls. Licensee bears all
responsibility for export law compliance and will indemnify Xceed against all
claims based on Licensee�s exporting the Software.
14. COPYRIGHT
The Software is Copyright �1994-2012 Xceed Software Inc., all rights reserved. The
Software is protected by Canadian and United States copyright laws, international
treaties and all other applicable national or international laws.
Except for the limited licenses granted herein, Xceed retains exclusive ownership
of all proprietary rights (including all ownership rights, title and interest, and
including moral rights in jurisdictions where applicable) in and to the Software.
Licensee agrees not to represent that Xceed is affiliated with or approves of
Licensee�s software product(s) in any way.
16. GENERAL
This Agreement shall be interpreted, construed, and enforced according to the laws
of the Province of Quebec, Canada. In the event of any action under this Agreement,
the parties agree that federal and provincial courts located in Longueuil, Quebec
will have exclusive jurisdiction and that a suit may only be brought in Longueuil,
Quebec and Licensee submits itself for the jurisdiction and venue of the provincial
and federal courts located in Longueuil, Quebec.
This Agreement constitutes the entire agreement and understanding of the parties
and may be modified only in writing signed by both parties. No officer, salesman or
agent has any authority to obligate Xceed by any terms, stipulations or conditions
not expressed in the Agreement.
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This AMYUNI ("Amyuni") End User License Agreement ('EULA') accompanies all Amyuni
Document Converter products and related
explanatory materials ("Software"). The Document Converter Products include the
Amyuni PDF Converter, Amyuni PDF Creator, Amyuni
DHTML Converter, Amyuni RTF Converter, Amyuni JPEG Converter and Amyuni XL
Converter products, or any combination of these
products. The term �Software� also shall include any upgrades, modified versions or
updates of the Software licensed to you by Amyuni.
Please read this Agreement carefully. You will be asked to accept this agreement
and continue to install or, if you do not wish to accept this
Agreement, to decline this agreement, in which case you will not be able to use the
Software.
Upon your acceptance of this Agreement, Amyuni grants to you a perpetual but
nonexclusive license to use the Software, provided that you
agree to the following:
1. Use of the Software. You may install the Software on a single hard disk or other
storage device; and make backup copies of the Software.
The Software cannot be used in a server environment, i.e. on any system that can be
accessed by multiple users at the same time. Use of
the software in such a server environment requires a specific license and is not
covered by this license agreement.
2. Copyright and Trademark Rights. The Software is owned by Amyuni, and its
structure, organization and code are the valuable trade
secrets of Amyuni. The Software also is protected by Canadian Copyright Law and
International Treaty provisions. This Agreement does not
grant you any intellectual property rights in the Software.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source
code of the Software.
4. No Warranty. The Software is being delivered to you AS IS and Amyuni makes no
warranty as to its use or performance. AMYUNI AND
ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE
SOFTWARE OR DOCUMENTATION. AMYUNI AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL AMYUNI OR
ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY ON SEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY
LOST PROFITS OR
LOST SAVINGS, EVEN IF AN AMYUNI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the
exclusion or limitation of incidental, consequential
or special damages, or the exclusion of implied warranties or limitations on how
long an implied warranty may last, so the above limitations
may not apply to you.