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1999-06-04
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POLAR
SINGLE USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY!
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
YOUR INSTALLING OF THIS SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THEM.
By installing this software package (the "SOFTWARE"), or exercising your
rights to make and use copies of the SOFTWARE (as may be provided for
below), or pressing the 'Accept' button below, you agree to be bound by the
terms of this Polar License Agreement. If you do not agree to the
terms of this Agreement, you are not allowed to use the SOFTWARE.
If you would like specific rights not granted in this agreement,
please contact Polar for more information.
Polar Software License Agreement
The enclosed software, including, but not limited to, one or more of
the following: source code, object code, dynamic link libraries,
static libraries, header files, sample programs, utility programs,
Makefiles and scripts, together with the accompanying documentation
(collectively known as the "SOFTWARE") is owned by Polar or its
suppliers and is protected by international copyright laws and
treaties. Therefore, you must treat the SOFTWARE like any copyrighted
material (e.g., a book or musical recording) except that you may make
either (a) one backup copy of the SOFTWARE solely for backup purposes,
or (b) transfer the SOFTWARE to a hard disk and keep the original copy
solely for backup purposes.
Polar grants to you (one software programmer) the limited
right to use only one copy of the SOFTWARE on a single computer
(typically one personal computer) in the manner set forth in this
agreement. Each Software Programmer must have his or her own license
to use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
LICENSE - YOU MAY:
1. Use the SOFTWARE on a single computer for purposes of developing
application programs. The SOFTWARE is "in use" on a computer when
it is loaded into temporary memory or installed into permanent
memory of such computer. Installation on a network server for the
sole purpose of internal distribution does not constitute "use"
requiring a development license, but you must have a separate
license for each computer on the network used for developing
applications programs. Application programs include but are not
limited to programs and HTML pages.
2. Distribute an unlimited number of copies of the DLL, VBX or OCX
files as part of the application developed using the Software
provided the conditions described in paragraph 2.1 are met.
2.1 The application must include proper copyright notification
for the SOFTWARE. The copyright notice must be included with any
copyright notice for the including application or at least once
in the user interface, and in the printed and electronic
documentation, and packaging. The copyright notification must
be worded similar to the following: This product contains PRODUCT
from Polar. Copyright 1997-1998. All rights reserved.
Substitute the name of the included SOFTWARE for PRODUCT
(i.e. Polar Draw ActiveX control).
3. Make one copy of the SOFTWARE for backup or archival purposes or
copy the SOFTWARE to a single permanent storage medium provided
you keep the original solely for backup or archival purposes.
4. Combine the run time portion of the SOFTWARE with your software
program for use subject to the restrictions set forth in
Subparagraphs (1) and (2) above. Any portion of the SOFTWARE
distributed with your program will continue to be subject to the
terms and conditions of this License. You must reproduce and
include the Polar copyright notice on any copy or merged portion
of the SOFTWARE.
5. Permanently transfer the SOFTWARE together with this License to
another party, but only if the other party agrees to accept the
terms and conditions of this Agreement. If you transfer the
SOFTWARE and License, you must at the same time notify Polar of
the name and address of the transferee. You also must either
transfer all copies, merged portions, upgrades and prior versions
of the SOFTWARE, together with all SOFTWARE documentation, to the
same party or destroy those not transferred. Any such transfer
terminates your License.
6. Modify (i.e. modify the source code and rebuild) the dynamic link
libraries and statically linked libraries and incorporate the modified
dynamic link libraries and statically linked libraries into software
application products that you develop.
7. Make and distribute copies of the dynamic link libraries and
statically linked libraries of the SOFTWARE as incorporated into
software application products that you develop provided that the
SOFTWARE, or other Polar products, do not constitute a
major portion of the value of your product.
8. Solely with the respect to electronic documents, you may make an
unlimited number of copies (either in hardcopy or electronic form),
provided that such copies shall be used only for internal purposes and
are not republished or distributed beyond the licensee's premises.
9. Use and modify the source code version of those portions of the
SOFTWARE that are identified in the documentation as the Sample Code
("SAMPLE CODE"), provided you do not distribute the SAMPLE CODE, or
any modified version of the SAMPLE CODE, in source code form.
PROHIBITED USES - YOU MAY NOT:
10. RENT, LEASE, OR LEND THE SOFTWARE OR SOFTWARE DOCUMENTATION.
11. OTHERWISE TRANSFER OR USE, COPY, OR MERGE THE SOFTWARE,IN
WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED IN THIS LICENSE.
12. MODIFY, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR TRANSLATE
THE SOFTWARE.
13. REPRODUCE, MODIFY OR TRANSLATE THE SOFTWARE DOCUMENTATION.
14. REMOVE ANY PROPRIETARY NOTICES, LABELS OR MARKS ON THE SOFTWARE
OR SOFTWARE DOCUMENTATION.
15. DEVELOP OR DISTRIBUTE APPLICATIONS THAT PROVIDE DIRECT ACCESS
TO THE SOFTWARE'S PROGRAMMING INTERFACE.
16. BUNDLE THE SOFTWARE IN A DEVELOPMENT ENVIRONMENT.
17. USE THE SOFTWARE TO CREATE AN APPLICATION THAT IS NOT SIGNIFICANTLY
DIFFERENT THAN THE VBX/DLL OR OCX.
18. SEPARATION OF COMPONENTS. THE SOFTWARE PRODUCT IS LICENSED AS A
SINGLE PRODUCT. ITS COMPONENT PARTS MAY NOT BE SEPARATED FOR USE
ON MORE THAN ONE COMPUTER.
19. EXPOSE THE INTERFACES OF THE SOFTWARE THROUGH YOUR APPLICATION.
(e.g. an OCX, DLL, class library, etc..)
The source codes of the SOFTWARE are valuable assets of Polar.
You agree to keep all source codes of the SOFTWARE in confidence.
You may not transfer or assign the SOFTWARE or your rights under
this agreement.
TERM:
You may terminate your License and this Agreement at anytime by
destroying the SOFTWARE and SOFTWARE documentation together with
all copies in any form. They will also terminate automatically if
you fail to comply with any term or condition of this Agreement,
in which event you agree to destroy the SOFTWARE and SOFTWARE
documentation together with all copies in any form, and to provide
us upon our request with written certification of such destruction.
LIMITED WARRANTY/LIMITATION OF REMEDIES:
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE AND
SOFTWARE DOCUMENTATION IS PROVIDED AND LICENSED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
LIMITAITION OF LIABILITY
IN NO EVENT WILL POLAR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS OR REVENUES, LOSS OF DATA,
BUSINESS INTERRUPTION LOSS, RECOVERY OR SUBSTITUTION COSTS,
OR CLAIMS BY THIRD PARTIES, OR OTHER INDIRECT INCIDENTAL OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF POLAR OR A POLAR DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH