» version 2005 - posted on 2004-11-24
EULA - End User License Agreement
END USER LICENSE AGREEMENT FOR DEVELOPGUIDANCE EVALUATION SOFTWARE
Be sure to carefully read and understand all of the rights and restrictions described in this DevelopGuidance Software Evaluation License Agreement ("DSELA"). You will be asked to review and either accept or not accept the terms of the DSELA. This software will not install on your computer unless or until you accept the terms of this DSELA.
Your click of the "yes" button is a symbol of your signature that you accept the terms of the DSELA. For your reference, you may refer to the copy of this DSELA that can be found in the installation folder for this SOFTWARE.
This DSELA is a legal agreement between you (either an individual or a single entity) and DevelopGuidance for the DevelopGuidance software accompanying this DSELA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this DSELA. If you do not agree to the terms of this DSELA, you may not install or use the SOFTWARE.
SOFTWARE PRODUCT 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.
1. GRANT OF LICENSE.
This DSELA grants you the following rights:
You may evaluate the SOFTWARE for a trial period of 14 days. This trial period starts at the day when you install the SOFTWARE for the first time. It is not allowed to use the SOFTWARE for any purpose at all, other than to evaluate the SOFTWARE. It is not allowed to reinstall this SOFTWARE to restart a new trial period. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer, workstation, terminal, handheld PC or other digital electronic device ("COMPUTER"). A license for the SOFTWARE may be not shared or used concurrently on different COMPUTERS.
* Reservation of Rights.
All rights not expressly granted are reserved by DevelopGuidance.
* Limitations of Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent or lease or lend the SOFTWARE.
* Software Transfer. You may not transfer the rights under this DSELA.
* Support Services.
DevelopGuidance may provide you with support services related to the SOFTWARE ("Support Services"), in its discretion. Use of Support Services, if any, is governed by the DevelopGuidance policies and programs described in the user manual, in "online" documentation, and/or other DevelopGuidance-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this DSELA. With respect to technical information you provide to DevelopGuidance as part of the Support Services, DevelopGuidance may use such information for its business purposes, including for product support and development. DevelopGuidance will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
* Replacement, Modification and Upgrade of the Software.
DevelopGuidance reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by DevelopGuidance shall be considered part of the SOFTWARE and subject to the terms of this DSELA (unless this DSELA is superceded by a further DSELA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that DevelopGuidance offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding DSELA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
* Functionality Limitations.
From within your own source code or software, you are never allowed to call directly or indirectly any layout function provided by the SOFTWARE, or any other layout related function provided by the SOFTWARE, unless this DSELA is superceded by a further DSELA with specific written authorisation by DevelopGuidance to call any layout function or any other layout related function provided by the SOFTWARE.
* Software application product Limitations
Any software application product developed by you:
(a) is never allowed to be a complete or partly copy, in any form, as the SOFTWARE;
(b) is never allowed to be a complete or partly remake, in any form, as the SOFTWARE;
(c) is never allowed to have complete or partly the same purpose as the SOFTWARE.
(d) is never allowed to have complete or partly the same functionality as the SOFTWARE.
Contact DevelopGuidance for the applicable royalties due and other licensing terms to let your software application product function completely or partly the same as the SOFTWARE.
3. REDISTRIBUTABLE COMPONENTS.
a. Redistributable SOFTWARE.
This SOFTWARE does not contain any restributable components. This means you are not allowed to redistribute any of the files which are part of the SOFTWARE to anyone at all.
This DSELA will be terminated after a trial period of 14 days, starting at the day when you install the SOFTWARE for the first time.
Without prejudice to any other rights, DevelopGuidance may terminate this DSELA if you fail to comply with the terms and conditions of this DSELA. DevelopGuidance may terminate this DSELA by offering you a superceding DSELA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding DSELA. In addition, DevelopGuidance may terminate this DSELA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that DevelopGuidance terminates this DSELA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by DevelopGuidance or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This DSELA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE.
6. DISCLAIMER OF WARRANTIES.
DEVELOPGUIDANCE 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.
7. EXCLUSION OF ALL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVELOPGUIDANCE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEVELOPGUIDANCE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. LIMITATION AND RELEASE OF LIABILITY.
DevelopGuidance has included in this DSELA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE DEVELOPGUIDANCE AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this DSELA, do not install the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.
9. GOVERNING LAW.
The laws of the The Netherlands will apply to this contract.
Copyright 2004 by DevelopGuidance. All rights reserved.