home *** CD-ROM | disk | FTP | other *** search
- REAL SOFTWARE INCORPORATED
-
- REALBASIC SOFTWARE DEVELOPMENT KIT END USER LICENSE AGREEMENT
-
- Notice to user: THIS IS A CONTRACT BETWEEN YOU AND REAL SOFTWARE
- INCORPORATED ("REAL SOFTWARE"), A TEXAS, U.S.A. CORPORATION. BY INDICATING
- YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
- THIS LICENSE AGREEMENT. This License Agreement accompanies REAL Software's
- Plug-In Software Development Kit ("SDK") and related explanatory
- materials and includes any upgrades, modified versions, updates,
- additions, and copies of the SDK licensed to You by REAL Software. This copy
- of the SDK is licensed to You as the end user or to Your employer or
- another third party authorized to permit Your use of the SDK.
-
- 1. DEFINITIONS. In this License Agreement, SDK means the API
- development software, Sample Code, Tools, Documentation, and other
- items, all as delivered to you by REAL Software and included within the
- Plug-In SDK folder when installed. The Plug-In software placed on
- your computer by executing the REALbasic installer is NOT included as
- part of the SDK. Only those items placed on your computer by
- executing the SDK installer are part of the SDK. REAL Software Products refer
- to REAL Software's application programs and software such as REALbasic
- Plug-Ins which are or may be made available for licensing to the
- general public, including any modified versions or upgrades thereof.
- API development software means that software in the API folder in
- object code format, not otherwise made available by REAL Software as a
- commercial product, that REAL Software has included for You as part of the
- SDK to distribute unmodified with Your application programs. Sample
- Code means software code that REAL Software has included for You to
- incorporate into Your application programs. Tools refer to programs
- and Utilities that may be included for You to test or compile Your
- application programs. REAL Software means REAL Software, Inc.
- Developer, You and Your refer to any person or entity acquiring or
- using the SDK under the terms of this License Agreement.
-
- 2. ROYALTY-FREE LICENSE. Subject to the restrictions contained
- in this Section 2, REAL Software grants to You a nonexclusive,
- nontransferable, royalty-free license to use the items in the SDK
- only for the purpose of internal development of application programs
- designed to function with REAL Software products.
-
- Under this License, You may use, modify or merge all or portions of
- the Sample Code with Your application programs and distribute it only
- as part of Your products in object code form. Any modified or merged
- portion of the Sample Code is subject to this License Agreement. You
- are required to include REAL Software's copyright notices on Your application
- programs except for those programs in which You include a copyright
- notice reflecting the copyright ownership of Developer in such
- programs. You may not use REAL Software's name, logo or trademarks to market
- Your products. You may not assign Your rights or obligations granted
- under this License Agreement without the prior written consent of
- REAL Software. Any attempted assignment or transfer without such prior
- written consent from REAL Software shall be void and of no effect.
-
- You may use the REAL Software Products included in the SDK, if any, subject
- to End User Licenses or conditions stated on the specific REAL Software
- Product. You may use the Tools, accompanying materials or other items
- in the SDK solely for the purpose of internal development. You may
- not include REAL Software Products and Tools and accompanying materials in
- the SDK in Developers products under this License Agreement. You may
- not sell, sublicense, rent, loan or lease the REAL Software Products, Tools
- and accompanying materials in the SDK to any third party. You may not
- reverse engineer, decompile or disassemble any REAL Software Products, API
- development software or Tools that are supplied to You under this
- License Agreement. To the extent that local law grants You the right
- to decompile software in order to obtain information necessary to
- render the software interoperable with other software, You shall
- first request to REAL Software in writing to provide You with the necessary
- information. REAL Software has the right to impose reasonable conditions such
- as a reasonable fee for doing so. Requests for information should be
- directed to the REAL Software at the address provided in the SDK or such
- other address made available on realsoftware.com from time to time.
-
-
- You may make a limited number of copies of the SDK to be used by Your
- employees or consultants as provided herein, and not for general
- business purposes, and such employees or consultants shall be subject
- to this License Agreement.
-
- You may use API development software only as provided in the REAL Software
- specification applicable thereto, and distribute it solely with Your
- products on the same media. You may not modify API development
- software. The API development software may be distributed to Your
- customers under the terms of Your standard End User License Agreement
- provided it includes terms which are substantially similar to those
- applicable to the API development software, as described herein.
-
- 3. PROPRIETARY RIGHTS. The items in the SDK are the
- intellectual property of REAL Software and its suppliers and are protected by
- United States copyright and patent law, international treaty
- provisions and applicable laws of the country in which it is being
- used. You agree to protect all copyright and other ownership
- interests of REAL Software and/or its suppliers in all items in the SDK
- supplied under this License Agreement. You agree that all copies of
- the items in the SDK, reproduced for any reason by You, contain the
- same copyright notices, and other proprietary notices as appropriate,
- as appear on or in the
- master items delivered by REAL Software in the SDK. REAL Software and/or its
- suppliers retain title and ownership of the items in the SDK, the
- media on which it is recorded, and all subsequent copies, regardless
- of the form or media in or on which the original and other copies may
- exist. Except as stated above, this License Agreement does not grant
- You any rights to patents, copyrights, trade secrets, trademarks or
- any other rights in respect to the items in the SDK.
-
- 4. TERM. This License Agreement is effective until terminated.
- REAL Software has the right to terminate Your License immediately, without
- judicial intervention, if You fail to comply with any term of this
- License Agreement. Upon any such termination You must return all full
- and partial copies of the items in the SDK immediately to REAL Software.
-
- 5. DISCLAIMER OF WARRANTY. REAL Software licenses the API development
- software, Sample Code and other items in the SDK to Developer only on
- an "as is" basis. REAL Software makes no representation with respect to the
- adequacy of the API development software, Sample Code and other items
- in the SDK used in the development of Developers products for any
- particular purpose or with respect to their adequacy to produce any
- particular result. REAL Software and its suppliers shall not be liable for
- loss or damage arising out of this License Agreement or from the
- distribution or use of Developers products containing portions of the
- Sample Code, API development software or from any of the other items
- in the SDK. REAL SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
- OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
- NONINFRINGEMENT OF ANY THIRD PARTY RIGHT IN RESPECT OF THE ITEMS IN
- THE SDK OR ANY SERVICES RELATED TO THE SDK.
-
- Some states or jurisdictions do not allow the exclusion or limitation
- of incidental, consequential or special damages, or the exclusion of
- implied warranties or limitations on how long an implied warranty may
- last, so the above limitations may not apply to You. You may have
- rights which vary from state to state or jurisdiction to
- jurisdiction. The foregoing does not affect or prejudice Your
- statutory rights. To the extent permissible any implied warranties
- are limited to ninety (90) days. For further warranty information You
- may contact REAL Software's Customer Support Department, at REAL Software
- Incorporated, PMB 220, 3300 Bee Caves Road, Suite 640, Austin, TX 78746.
-
- REAL Software is under no obligation to provide any support under this
- License Agreement, including upgrades or future versions of Sample
- Code, API development software or other items in the SDK, to
- Developer, end user or to any other party. REAL Software is acting on behalf
- of its suppliers for the purpose of disclaiming, excluding and/or
- restricting obligations, warranties and liability as provided in this
- Clause 5, but in no other respects and for no other purpose.
-
- 6. LIMITATION OF LIABILITY. Notwithstanding any other
- provisions of this License Agreement, REAL Software's liability to You under
- this License Agreement shall be limited to the amount paid by You for
- the SDK.
-
- IN NO EVENT WILL REAL Software BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
- INCIDENTAL OR SPECIAL DAMAGES INCLUDING DAMAGES FOR ANY LOST PROFITS,
- LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR
- NATURE ARISING OUT OF ANY PROVISION OF THIS LICENSE AGREEMENT OR THE
- USE OR INABILITY TO USE THE ITEMS IN THE SDK, EVEN IF AN REAL Software
- REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
- OR FOR ANY CLAIM BY ANY PARTY. Some jurisdictions do not allow the
- exclusion or limitation of incidental, consequential or special
- damages, so the above limitation or exclusion may not apply to You.
- Nothing contained in this Agreement shall prejudice the statutory
- rights of any party dealing as a consumer.
-
- 7. INDEMNIFICATION. Developer agrees to indemnify, hold
- harmless, and defend REAL Software from and against any claims or lawsuits,
- including attorneys' fees, that arise or result from the use or
- distribution of Developer's products containing Sample Code or API
- development software, provided that REAL Software gives Developer prompt
- written notice of any such claim, tenders to Developer the defense or
- settlement of such a claim at Developer's expense and cooperates with
- Developer, at Developer expense, in defending or settling such claim.
-
- 8. CHOICE OF LAW. This License Agreement shall be governed by
- the laws in force in the State of Texas in the United States,
- excluding the application of its conflict of law rules. This License
- Agreement shall not be governed by the United Nations Convention on
- Contracts for the International Sale of Goods, the application of
- which is expressly excluded.
-
- 9. U.S. GOVERNMENT REGULATIONS. You agree that any Developer
- product that includes Sample Code or API development software (i)
- will include in its license agreement a reference to applicable U.S.
- Government regulations that control licensing of software, and (ii)
- will not be shipped, transferred or exported into any country or used
- in any manner prohibited by the United States Export Administration
- Act.
-
- 10. WAIVER. None of the provisions of this License Agreement
- shall be deemed to have been waived by any act or acquiescence on the
- part of REAL Software, its agents or employees, but only by an instrument in
- writing signed by an officer of REAL Software.
-
- 11. INTEGRATION. When conflicting language exists between this
- License Agreement and any other agreement included in the SDK, this
- License Agreement shall supersede. If either REAL Software or Developer
- employs attorneys to enforce any rights arising out of or relating to
- this License Agreement, the prevailing party shall be entitled to
- recover reasonable attorneys' fees. You acknowledge that You have
- read this License Agreement, understand it and that it is the
- complete and exclusive statement of Your agreement with REAL Software which
- supersedes any prior agreement, oral or written, between REAL Software and
- You with respect to the licensing to You of the SDK. No variation of
- the terms of this License Agreement will be enforceable against REAL Software
- unless REAL Software gives its express consent, in writing signed by an
- officer of REAL Software.
-