home *** CD-ROM | disk | FTP | other *** search
- License Agreement And Limited Warranty
- TCK Software Inc. VForm MFC Control 2.0
-
- IMPORTANT--READ CAREFULLY
- This TCK Software License Agreement is a legal agreement
- between you (either an individual or a single entity)
- and TCK Software Inc. for the VForm MFC Control
- ("SOFTWARE PRODUCT"). By installing, copying, or otherwise
- using the SOFTWARE PRODUCT, you agree to be bound by the
- terms of this License Agreement. If you do not agree to
- the terms of this License Agreement, do not install or use the
- SOFTWARE PRODUCT; you may, however, return it to your place
- of purchase for a refund less a 20% restocking fee and
- shipping charges. The SOFTWARE PRODUCT may not be
- returned once a SOURCE CODE KEY is issued.
-
- 1. DEFINITIONS
- SOFTWARE PRODUCT: This is the TCK Software computer software
- contained in the VForm software package or any computer
- software containing parts of the computer software in the
- package. This software could be represented in any form,
- including but not limited to the following: in print, as
- electronic source code, as compiled object modules, as
- a library file, a dynamic link library, or an executable program.
- Additionally included is any associated media, printed materials,
- and "online" or electronic documentation.
-
- SOURCE CODE KEY. A Source Code Key is an encrypted sequence
- of numbers and letters that will provide access to the VForm
- source code. Once a Source Code Key is provided to you,
- you are no longer eligible to return the SOFTWARE PRODUCT.
-
- DISTRIBUTABLE COMPONENTS: The release compiled version of the
- VForm Dynamic Link Library (DLL) - vf.dll. This dll may be
- recompiled, modified and/or renamed. The VForm class library
- compiled object modules (in release compiled format only)
- statically linked into your specific purpose application
- software, whether into a DLL or an executable.
-
- The VForm Builder and AppWizard are NOT distributable components.
-
- None of the distributable components may be distributed in debug
- format (compiled with debugging information) unless otherwise
- agreed to by TCK Software in writing.
-
-
- 2. DEVELOPMENT LICENSE
- TCK Software grants to you, and you hereby accept, a non-exclusive
- Development License to use the SOFTWARE PRODUCT at a single
- location for the purpose of allowing not more than one person to
- develop custom software applications subject to the conditions
- and restrictions specified in this agreement. You agree to
- install the SOFTWARE PRODUCT on not more than one computer for
- the purpose of allowing not more than one person to develop
- applications using the SOFTWARE PRODUCT. You are purchasing
- only the right to use the SOFTWARE PRODUCT as described herein,
- and are acquiring no rights to the SOFTWARE PRODUCT itself.
-
- 3. DISTRIBUTION
- You may distribute DISTRIBUTABLE COMPONENTS without
- royalty payment if and only if all of the following
- conditions are satisfied:
-
- 3(a). you may distribute such components solely for the
- purpose of executing specific-purpose application
- programs written using an authorized copy of the
- SOFTWARE PRODUCT;
- 3(b). any component of the SOFTWARE PRODUCT must be
- compiled for release (without debugging information);
- 3(c) you may not distribute any other form of the
- SOFTWARE PRODUCT except as expressly provided herein;
- 3(d). you agree not to directly or indirectly distribute
- software which provides similar capabilities to the
- SOFTWARE PRODUCT and which also uses the SOFTWARE PRODUCT
- unless otherwise agreed to by TCK Software in writing;
- 3(e). you remain solely responsible for support, service,
- upgrades, and technical or other assistance,
- required or requested by anyone receiving such components;
- 3(f). you may not use the name, logo, or trademark of
- TCK Software or the SOFTWARE PRODUCT without
- written permission from TCK Software;
- 3(g). you may not alter, disassemble, decompile,
- translate, adapt or reverse-engineer any components that
- you have not purchased a source code license for;
- 3(h). TCK Software makes no warranty other than the
- Limited License warranty provided in this agreement
- to you; and
- 3(i). you will indemnify TCK Software against any
- claims or liabilities arising out of its use,
- reproduction or distribution, and the use by the
- recipients or copies made thereunder.
-
- 4. PRINTED DOCUMENTATION
- You are authorized to print one and only one copy of the on-line
- documentation for your reference provided that you mark any such
- printed documentation clearly with your serial number and
- provided that you did not obtain a printed copy of such
- documentation from TCK Software or its distributors. In the event
- that you print a copy and then later obtain a copy of the same
- documentation from TCK Software or its distributors, you agree to
- destroy the copy that you printed.
-
- 5. LIMITED USE
- You agree not to indirectly or directly use the SOFTWARE
- PRODUCT for the purposes of producing a software product which
- competes with the SOFTWARE PRODUCT. You agree that TCK Software
- will be the sole arbitrar for deciding if developed software
- competes with the SOFTWARE PRODUCT.
-
- 6. COPYRIGHT
- The Software and other accompanying materials, including but not
- limited to printed or electronic text and images, is owned by
- TCK Software or its suppliers and is protected by copyright laws
- and international treaty provisions. You may not make copies
- of this copyrighted material except as expressly provided herein.
- You may not alter, remove of destroy any copyright notice,
- trademark, trade secret or other proprietary rights.
-
- 7. LIMITED WARRANTY
- To the maximum extent permitted under applicable law, the
- SOFTWARE PRODUCT and accompanying materials are provided "AS IS".
- If for any reason you are dissatisfied with the SOFTWARE PRODUCT
- you may return it for a full refund less a 20% restocking fee
- and less shipping costs within 30 days after the date of purchase.
-
- NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, TCK SOFTWARE AND ITS SUPPLIERS DISCLAIM
- ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
- INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
- NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE
- PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS,
- WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
-
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, IN NO EVENT SHALL TCK SOFTWARE OR ITS SUPPLIERS
- BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
- DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
- OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFOR-
- MATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
- INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR
- FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TCK SOFTWARE HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
- TCK SOFTWAREÆS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
- LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
- ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00. BECAUSE
- SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- You accept full responsibility for determining whether the
- SOFTWARE PRODUCT is suitable for any particular purpose and
- for protecting yourself against any possible incidental or
- consequential damages.
-
- 8. OTHER RESTRICTIONS
- 8(a). Rental. You may not rent, loan or lease the
- SOFTWARE PRODUCT.
- 8(b). Export. Any export of the SOFTWARE PRODUCT or its
- technical data from the United States may be restricted
- by U.S. export control laws, and accordingly you must
- comply with such laws before engaging in any such export.
- 8(c). Limitations on Modifications or Reverse
- Engineering. You shall not cause or permit the
- reverse engineering, alteration, disassembly,
- decompilation, translation or adaptation of any
- non-source code component of the SOFTWARE PRODUCT,
- or take any action inconsistent with TCK Software's
- or its suppliers' ownership of the SOFTWARE PRODUCT.
- 8(d). No Separation of Components. The SOFTWARE
- PRODUCT is licensed as a single product, and neither
- the software programs comprising the SOFTWARE
- PRODUCT or any update or upgrade may be separated
- for use by more than one user at a time.
- 8(e). Termination. Without prejudice to any other
- rights, TCK Software may terminate this Agreement if
- you fail to comply with the terms and conditions of
- this Agreement. In such event, you must destroy all
- copies of the SOFTWARE PRODUCT.
-
- 9. SOFTWARE TRANSFER
- You may permanently transfer all of your rights under this
- license, provided you retain no copies, you transfer all of
- the SOFTWARE PRODUCT (including all component parts, the
- media and printed materials, and any upgrades), you notify
- TCK Software of such transfer in writing, and the recipient
- agrees to the terms of this license. If the SOFTWARE PRODUCT
- is an upgrade, any transfer must include all prior versions.
- You may not transfer, assign, rent, lease, sell or
- otherwise dispose of the License except as expressly provided
- herein.
-
- 10. GOVERNING LAW
- This agreement is governed by the laws of the State of Illinois,
- United States. Each party irrevocably submits to the exclusive
- jurisdiction of the courts of the State of Illinois.
-
- 11. U.S. GOVERNMENT RESTRICTED RIGHTS.
- The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS.
- Use, duplication, or disclosure by the Government is subject
- to restrictions as set forth in subparagraph (c)(1)(ii) of
- the Rights in Technical Data and Computer Software clause at
- DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
- Commercial Computer Software-Restricted Rights at
- 48 CFR 52.227-19, as applicable.
-
- 12. ENTIRE AGREEMENT
- This document constitutes the entire agreement of the
- parties regarding the subject matter herein. All rights
- not expressly granted to you are retained by TCK Software.
- The failure of TCK Software to enforce any right or claim
- against you shall not be deemed a waiver of such right or
- claim or any other right or claim hereunder. No modification
- to this Agreement shall have effect unless in writing and
- signed by the authorized representative of the parties. If
- any provision of this Agreement is ruled invalid, such
- invalidity shall not affect the validity of the remaining
- portions of this Agreement.
-
-
-
-