The Buttonbar Applet
Terms of License (TOL)
IMPORTANT- PLEASE READ CAREFULLY:
These Terms Of License are a legal
agreement between you the End User (whether an individual or a recognised
legal entity) (the "LICENSEE") and Dirk Middendorf ("THE AUTHOR"),
the author of the Buttonbar Applet, which includes computer software and
may include "online" or electronic documentation ("SOFTWARE PRODUCT" or
"SOFTWARE").
By exercising your rights to make and
use copies of the SOFTWARE PRODUCT, the LICENSEE agrees to be bound by
the terms of these TOL. If the LICENSEE does not agree to the terms of
these TOL, the LICENSEE may not use the SOFTWARE PRODUCT.
Copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties protect
the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not
sold.
1) GRANT OF LICENSE.
These TOL grant the LICENSEE
the following permissions:
Depending which License the LICENSEE
bought he may embed the SOFTWARE PRODUCT in one or more websites. Only
if he bought the "Webdesigner License" he is allowed to resell the applet
as part of a website as often as he wishes. The other licenses require
a reregistration for each use.
2) REPRODUCTION AND DISTRIBUTION.
The LICENSEE MUST NOT reproduce, distribute
or make any copies of this SOFTWARE, or any of the accompanying material,
for any purpose, except for making ONE copy for the LICENSEE’S own use
- for backup purposes only.
3) DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
-
Limitations on Reverse Engineering,
Decompilation, and Disassembly.
-
The LICENSEE may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT.
-
Separation of Components.
-
The SOFTWARE PRODUCT is licensed as a
single product.
-
It’s component parts may not be separated
for use on more than one computer, except as expressly permitted by the
License information referred to by section 1 of these TOL.
-
Software Transfer.
-
The rights granted under these TOL are
personal to the LICENSEE only and are integral to the LICENSEE'S continued
usage of the SOFTWARE PRODUCT.
-
The LICENSEE may not transfer, assign,
sub-license or re-sell all or any of the rights granted under these TOL.
-
Termination.
-
Without prejudice to any other rights,
THE AUTHOR may terminate these TOL if the LICENSEE fails to comply with
the terms and conditions of these TOL. In such event, the LICENSEE must
destroy ALL copies of the SOFTWARE PRODUCT and ALL of it’s component parts.
-
Where required by THE AUTHOR, the LICENSEE
shall do all such things and acts, including but not limited to, signing
a statutory declaration or affidavit verifying that the LICENSEE has destroyed
ALL copies of the SOFTWARE PRODUCT and ALL of it's components in accordance
with THE AUTHOR's requirements following the termination of these TOL.
4) COPYRIGHT.
All title to and copyrights in and
to the SOFTWARE PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into
the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT are owned
by THE AUTHOR.
Copyright laws and international
treaty provisions protect the SOFTWARE PRODUCT. Therefore, the LICENSEE
must treat the SOFTWARE PRODUCT like any other Copyrighted material.
5) LIMITED WARRANTY.
-
NO WARRANTIES.
-
The LICENSEE acknowledges that it has
purchased the SOFTWARE PRODUCT "as is" and based upon the LICENSEE'S own
knowledge, own requirements and needs, and not based upon any representation
or warranty of THE AUTHOR.
-
The author expressly disclaims any warranty
for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation
is provided "as is" without warranty of any kind, either express or implied,
including, without limitation, the implied warranties or merchantability,
fitness for a particular purpose, or non-infringement. The entire risk
arising out of use or performance of the SOFTWARE PRODUCT remains with
the LICENSEE.
-
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
-
In no event shall THE AUTHOR be liable
for any damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use of or inability to
use this product, even if THE AUTHOR has been advised of the possibility
of such damages prior to the purchase of the SOFTWARE PRODUCT by the LICENSEE.
6) JURISDICTION.
-
The LICENSEE acknowledges and agrees that
these TOL are entered into in Germany and is thereby governed by the Laws
of the Federal Republic of Germany. The LICENSEE and THE AUTHOR submit
to the jurisdiction of the Courts of the Federal Republic of Germany.