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- ===============================================
- TeeChart Pro v7
- Copyright (c) 1995-2005 by Steema Software.
- All Rights Reserved.
- ===============================================
-
- SOFTWARE LICENSING CONTRACT
-
- NOTICE TO USER: THIS IS A CONTRACT. BY
- CLICKING THE 'OK' BUTTON BELOW DURING
- INSTALLATION, YOU ACCEPT ALL THE TERMS AND
- CONDITIONS OF THIS AGREEMENT.
- ===========================================
-
- License Terms:
- ===============
-
- -- A Single License of TeeChart Pro VCL is per developer.
-
- -- A Site License of TeeChart Pro VCL is per
- "physical place" with unlimited number of
- developers under the same company building(s).
-
- -- For special licensing issues, volume discounts, integrations
- or redistribution please contact us at: sales@steema.com
-
-
- TeeChart Pro is royalty free
- under the following use conditions
- ==================================
-
- You can freely distribute TeeChart Pro code COMPILED into your
- applications as executables or dynamic link libraries, including
- as OCX ActiveX Controls or ActiveX Forms, excepting compilation
- as design-time packages or compilation into a DLL or OCX for
- use in a Web server scripting environment. The latter case
- requires that a WebServer runtime license be registered per
- installed server.
-
- You are NOT allowed to distribute stand-alone TeeChart Pro files,
- TeeChart Pro source code, TeeChart Pro manual and help file or
- everything else contained in this software without receiving our
- written permission.
-
- You are NOT allowed to distribute the TeeChart design-time package
- files and/or any of the TeeChart *.DCP or any other file from the
- source code files.
-
- You can freely distribute the TeeChart evaluation version, located
- at our web site http://www.steema.com
-
-
- END-USER LICENSE AGREEMENT FOR STEEMA SOFTWARE SL
-
- IMPORTANT- READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
-
- This End User License Agreement (this "EULA") contains the terms and
- conditions regarding your use of the SOFTWARE (as defined below) and
- material limitations to your rights in that regard.
- You should read this EULA carefully.
-
- By installing the TeeChart Pro VCL software (hereinafter the "SOFTWARE"),
- you are accepting the following EULA.
-
- I. THIS EULA.
-
- 1. Software Covered by this EULA.
- This EULA governs your use of the Steema Software SL ("Steema")
- SOFTWARE enclosed either as part of a SOFTWARE installer or otherwise
- accompanied herewith. The term "SOFTWARE" includes, to the extent provided
- by Steema:
-
- 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").
-
- 2. This EULA is a legal agreement between you and Steema.
-
- 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 principal, the entity or other legal person
- for whom you are acting. However, importantly, even if you are acting
- as an agent for another, you may still be personally liable for
- violation of laws such as copyright infringement.
-
- This EULA is a legal agreement between you and Steema.
- You intend to be legally bound to this EULA to the same extent as
- if Steema and you physically signed this EULA.
- By installing, copying, or otherwise using the SOFTWARE, you agree to
- be bound by the terms and conditions contained in this EULA.
- If you do not agree to all of the terms and conditions contained in this
- EULA, you may not install or use the SOFTWARE. If you have already
- installed or begun to install the SOFTWARE you should cancel any install
- in progress and uninstall the SOFTWARE. If you do not agree to all of
- these terms and conditions, then you must promptly return the uninstalled
- SOFTWARE to the place from which you purchased it in accordance with the
- return policies of that place.
-
- II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.
-
- Detailed below, this EULA grants you three licenses:
-
- 1) a license to use the SOFTWARE to develop other software products
- (the "Development License");
-
- 2) a license to use and/or distribute the Developed Software
- (the "Distribution License"); and
-
- 3) a license to use and/or distribute the Developed Software on a
- Network Server (the "Web Server License"). All of these licenses
- (individually and collectively, the "Licenses") are explained and defined
- in more detail below.
-
- 1. Definitions. Terms and their respective meanings as used in this EULA:
-
- "Network Server" means a computer with one or more computer central
- processing units (CPU's) that operates for the purpose of serving other
- computers logically or physically connected to it, including, but not
- limited to, other computers connected to it on an internal network,
- intranet or the Internet. "Web Server" means a type of Network Server that
- serves other computers more particularly connected to it over an intranet
- or the Internet.
-
- "Developed Software" means those computer software products that are
- developed by or through the use of the SOFTWARE. "Developed Web Server
- Software" means those Developed Software products that reside logically
- or physically on at least one Web Server and are operated (executed therein)
- by the Web Server's central processing unit(s) (CPU). "Developed
- Desktop Software" means those Developed Software products that are not
- Developed Web Server Software, including, for example, standalone
- applications. "Redistributable Files" means the SOFTWARE files or other
- portions of the SOFTWARE that are provided by Steema and are identified as
- such in the Documentation for distribution by you with the Developed
- Software. "Developer" means a person using the SOFTWARE in accordance with
- the terms and conditions of this EULA.
-
- "Development License" is a "Per-seat license". Per-seat means the license
- is required for each machine that the SOFTWARE will reside on. Every
- machine installing, running and/or using the software for development
- purposes must have a licensed copy and its appropriate license.
-
- "Developer seat" is the use of one "Per seat" licensed copy of the
- SOFTWARE by one concurrent Developer.
-
- 2. Your Development License.
- You are hereby granted a limited, royalty-free, non-exclusive right to use
- the SOFTWARE to design, develop, and test Developed Software, on the
- express condition that, and only for so long as, you fully comply
- with all terms and conditions of this EULA.
-
- The SOFTWARE is licensed to you on a Per Seat License basis.
-
- The Development License means that you may perform a single install of
- the SOFTWARE for use in designing, testing and creating Developed Software
- on a single computer with a single set of input devices, restricting the
- use of such computer to one concurrent Developer. 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 Developer.
- 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 if the additional developers are accessing the SOFTWARE on a
- computer network. If the SOFTWARE is used to create Developed Web Server
- Software, then you may perform a single install of the SOFTWARE for use
- in designing, testing and creating Developed Web Server Software by a single
- Developer on a single computer or Network Server. No additional End User
- Licenses are required for additional CPUs on the single computer or
- Network Server.
-
- In all cases, you may not use Steema's name, logo, or trademarks to
- market your Developed Software without the express written consent of
- Steema; agree to indemnify, hold harmless, and defend Steema, its suppliers
- and resellers, from and against any claims or lawsuits, including lawyer's
- fees that may arise from the use or distribution of your Developed Software;
- you may use the SOFTWARE only to create Developed Software that is
- significantly different than the SOFTWARE.
-
- 3. Your Distribution License.
- License to Distribute Developed Desktop Software. Subject to the terms
- and conditions in this EULA, you are granted the license to use and to
- distribute Developed Desktop Software on a royalty-free basis, provided
- that the Developed Desktop Software incorporates the SOFTWARE as an
- integral part of the Developed Software in machine language compiled format
- (customarily an ".exe", or ".dll", etc.). You may not distribute, bundle,
- wrap or subclass the SOFTWARE as Developed Software which, when used
- in a "designtime" development environment, exposes the programmatic interface
- of the SOFTWARE. You may distribute, on a royalty-free basis,
- Redistributable Files with Developed Desktop Software only.
-
- 4. Your Web Server License.
- Subject to the terms and conditions in this EULA, you are granted the
- license to use and to distribute Developed Web Server Software, provided
- that you must purchase one Web Server License for each Network Server
- operating the Developed Web Server Software (and/or Redistributable
- Files called or otherwise used directly by the Developed Web Server Software).
- Notwithstanding the foregoing, however, you may distribute or transfer,
- free of royalties, the Redistributable Files (and/or any Developed Desktop
- Software) to the extent that they are used separately on the client/workstation
- side of the network served by the Web Server.
-
- 5. License Serial Number.
- Upon purchase of the SOFTWARE a unique serial number (the "Serial Number")
- is provided by Steema either electronically or via the delivery channel.
- The Serial number provides a means to install and Register 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
- shall constitute a breach of this EULA, the effect of which shall be the
- automatic termination and revocation of all the rights granted herein.
-
- 6. Updates/Upgrades.
- Subject to the terms and conditions of this EULA, the Licenses are perpetual.
- Updates and upgrades to the SOFTWARE may be provided by Steema at their
- discretion at timely intervals though Steema does not commit to providing
- such updates or upgrades, and, if so provided by Steema, are provided upon
- the terms and conditions offered at that time by Steema.
-
- 7. Evaluation Copy.
- If you are using an "evaluation copy" or similar version, specifically designated
- as such by Steema on its website or otherwise, then the Licenses are
- limited as follows:
-
- a) you are granted a license to use the SOFTWARE for a period of fifty (50)
- days counted from the day of installation (the "Evaluation Period");
-
- b) upon completion of the Evaluation Period, you shall either
-
- i) delete the SOFTWARE from the computer containing the installation, or you may
-
- ii) contact Steema or one of its authorized dealers to purchase a license of
- the SOFTWARE, which is subject to the terms and limitations contained herein; and
-
- c) any Developed Software developed with an evaluation copy may not be
- distributed or used for any commercial purpose.
-
- III. INTELLECTUAL PROPERTY.
-
- 1. Copyright.
- You agree that all right, title, and interest in and to the SOFTWARE
- (including, but not limited to, any images, photographs, code examples and
- text 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 Steema, except to the limited extent that
- Steema 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. Steema reserves all rights not otherwise expressly and specifically
- granted to you in this EULA.
-
- 2. Backups.
- You may make one copy the SOFTWARE solely for backup or archival purposes.
-
- 3. General Limitations.
- You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and
- only to the extent that applicable law expressly permits such activity
- notwithstanding this limitation.
-
- 4. Software Transfers.
- You may not rent or lease the SOFTWARE. You may transfer the SOFTWARE to another
- computer, provided that it is completely removed from the computer from which
- it was transferred. 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 dates,
- upgrades, this EULA and, if applicable, the Certificate of Authenticity),
- and that the recipient agrees to the terms and conditions of this EULA as
- provided herein. Steema should be notified in writing of license transfers where
- the company of the recipient is different to that of the original licensee.
- If the SOFTWARE is an update or upgrade, any transfer must include all prior
- versions of the SOFTWARE.
-
- 5. Termination.
- Without prejudice to any other rights it may have, Steema may terminate this
- EULA and the Licenses if you fail to comply with the terms and conditions
- contained herein. In such an event, you must destroy all copies of the
- SOFTWARE and all of its component parts.
-
- IV. DISCLAIMER and WARRANTIES
-
- 1. Disclaimer
- Steema's entire liability and your exclusive remedy under this EULA shall be,
- at Steema's sole option, either (a) return of the price paid for the SOFTWARE;
- (b) repair the SOFTWARE through updates distributed online. Steema cannot and
- does not guarantee that any functions contained in the Software will meet your
- requirements, or that its operations will be error free. The entire risk as
- to the Software performance or quality, or both, is solely with the user
- and not Steema. You assume responsibility for the selection of the component
- to achieve your intended results, and for the installation, use, and results
- obtained from the SOFTWARE.
-
- 2. Warranty.
- Steema makes no warranty, to the maximum extent permitted by law, either
- implied or expressed, including with-out limitation any warranty with respect
- to this Software documented here, its quality, performance, or fitness for
- a particular purpose. In no event shall Steema be liable to you for damages,
- whether direct or indirect, incidental, special, or consequential arising out
- the use of or any defect in the Software, even if Steema has been advised of
- the possibility of such damages, or for any claim by any other party.
- All other warranties of any kind, either express or implied, including but not
- limited to the implied warranties of merchantability and fitness for a
- particular purpose, are expressly excluded.
-
-
- V. MISCELLANEOUS.
-
- 1. This is the Entire Agreement.
- This EULA (including any addendum or amendment to this EULA included with the
- SOFTWARE) is the final, complete and exclusive statement of the entire
- agreement between you and Steema 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
- in this EULA, 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, "clicking-through" a questionnaire, etc.) Employees, agents and
- other representatives of Steema are not permitted to orally modify this EULA.
-
- 2. You Indemnify Steema.
- You agree to indemnify, hold harmless, and defend Steema and its suppliers
- and resellers from and against any and all claims or lawsuits, including
- attorney's fees, that arise or result from this EULA.
-
- 3. Interpretation of this EULA.
- If for any reason a court of competent jurisdiction finds any provision of
- this EULA, or any portion thereof, to be unenforceable, that provision of this
- EULA will be enforced to the maximum extent permissible so as to effect the intent
- of the parties, and the remainder of this EULA will continue in full force and
- effect. Formatives of defined terms shall have the same meaning of the defined
- term. Failure by either party to enforce any provision of this EULA will not be
- deemed a waiver of future enforcement of that or any other provision. Except as
- otherwise required or superseded by law, this EULA is governed by the laws of
- Spain. If the SOFTWARE was acquired outside of Spain, then local law may apply.
-
- Steema Software
- www.steema.com
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-