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- Copyright (C) 2001-2002 DMSoft Technologies
-
- Commercial License Agreement
-
- PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE, YOU ARE
- AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
- AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT INSTALL THE SOFTWARE.
-
- This is a legal agreement between you and DMSoft Technologies. This
- Agreement states the terms and conditions upon which DMSoft Technologies
- offers to license the software together with all related documentation and
- accompanying items including, but not limited to, the executable programs,
- drivers, libraries and data files associated with such programs
- (collectively, the "Software").
-
- 1. License. DMSoft Technologies grants to you ("Licensee") a
- nonexclusive, nontransferable, worldwide, royalty-free license to use this
- version of the Software.
-
- 2. Copyright. The Software is owned by DMSoft Technologies and is
- protected by international treaty provisions. You may not remove the
- copyright notice from any copy of the Software or any copy of the written
- materials, if any, accompanying the Software.
-
- 3. One Archival Copy. You may make one (1) archival copy of the
- machine-readable portion of the Software for backup purposes only in
- support of your use of the Software on a single computer, provided that
- you reproduce on the copy all copyright and other proprietary rights
- notices included on the originals of the Software.
-
- 4. Transfer of License. You may not transfer your license of the
- Software to a third party.
-
- 5. Decompiling, Disassembling, or Reverse Engineering. You acknowledge
- that the Software contains trade secrets and other proprietary information
- of DMSoft Technologies and its licensors. You may not decompile,
- disassemble or otherwise reverse engineer the Software, or engage in any
- other activities to obtain underlying information that is not visible to
- the user in connection with normal use of the Software. In particular,
- you agree not for any purpose to transmit the Software or display the
- Software's object code on any computer screen or to make any hard copy
- memory dumps of the Software's object code. If you believe you require
- information related to the interoperability of the Software with other
- programs, you shall not decompile or disassemble the Software to obtain
- such information, and you agree to request such information from DMSoft
- Technologies. Upon receiving such a request, DMSoft Technologies shall
- determine whether you require such information for a legitimate purpose
- and, if so, DMSoft Technologies will provide such information to you
- within a reasonable time and on reasonable conditions. In any event, you
- will notify DMSoft Technologies of any information derived from reverse
- engineering or such other activities, and the results thereof will
- constitute the confidential information of DMSoft Technologies that may be
- used only in connection with the Software.
-
- 6. Termination. The license granted to you is effective until
- terminated. You may terminate it at any time by destroying the Software
- (including any portions or copies thereof) currently in your possession or
- control. The license will also terminate automatically without any notice
- from DMSoft Technologies if you fail to comply with any term or condition
- of this Agreement. You agree upon any such termination to destroy the
- Software (including any portions or copies thereof). Upon termination,
- DMSoft Technologies may also enforce any and all rights provided by law.
- The provisions of this Agreement that protect the proprietary rights of
- DMSoft Technologies will continue in force after termination.
-
- 7. NO WARRANTY. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE
- SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE
- MAXIMUM EXTENT PERMITTED BY LAW, DMSOFT TECHNOLOGIES DISCLAIMS ALL
- WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
- LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE.
-
- DMSoft Technologies does not warrant that the functions contained in the
- Software will meet your requirements or that the operation of the Software
- will be uninterrupted or error-free. Any representation, other than the
- warranties set forth in this Agreement, will not bind DMSoft Technologies.
- You assume full responsibility for the selection of the Software to
- achieve your intended results, and for the downloading, use and results
- obtained from the Software. You also assume the entire risk as it applies
- to the quality and performance of the Software
-
- This warranty gives you specific legal rights, and you may also have other
- rights which vary from country/state to country/state. Some
- countries/states do not allow the exclusion of implied warranties, so the
- above exclusion may not apply to you
-
- 8. NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL
- DAMAGES. In no event shall DMSoft Technologies or its Licensors be liable
- for any damages whatsoever (including, without limitation, incidental,
- direct, indirect, special or consequential damages, damages for loss of
- business profits, business interruption, loss of business information, or
- other pecuniary loss) arising out of the use or inability to use this
- Software, even if DMSoft Technologies or its Licensors have been advised
- of the possibility of such damages. Because some states/ countries do not
- allow the exclusion or limitation of liability for consequential or
- incidental damages, the above limitation may not apply to you.
-
- 9. INDEMNIFICATION BY YOU. If you distribute the Software in violation
- of this Agreement, you hereby indemnify, hold harmless and defend DMSoft
- Technologies from and against any and all claims or lawsuits, including
- attorney's fees and costs that arise, result from or are connected with
- the use or distribution of the Software in violation of this Agreement.
-
- 10. GENERAL. This Agreement is binding on you as well as your employees,
- employers, contractors and agents, and on any successors and assignees.
- This Agreement is the entire agreement between you and DMSoft Technologies
- and you agree that DMSoft Technologies will not have any liability for any
- untrue statement or representation made by its, its agents or anyone else
- (whether innocently or negligently) upon which you relied upon entering
- this Agreement, unless such untrue statement or representation was made
- fraudulently. This Agreement supersedes any other understandings or
- agreements, including, but not limited to, advertising, with respect to
- the Software.
-
- If any provision of this Agreement is deemed invalid or unenforceable by
- any country or government agency having jurisdiction, that particular
- provision will be deemed modified to the extent necessary to make the
- provision valid and enforceable, and the remaining provisions will remain
- in full force and effect.
-
- For questions concerning this Agreement, please contact DMSoft
- Technologies at info@dmsofttech.com
-
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