» version 6 - posted on 2009-01-01
EULA - End User License Agreement
SINGLE DEVELOPER END-USER LICENSE AGREEMENT FOR VectorDrawｮ SOFTWARE PRODUCTS
IMPORTANT-READ CAREFULLY. This VectorDraw End-User License Agreement ("EULA") is a legal AGREEMENT between you (either as a registered individual developer or as the registered developer/representative and on behalf of a single entity) and VectorDraw Software Corporation for the VectorDraw software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT; in such event the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.
SOFTWARE PRODUCT LICENSE
1) GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed, not sold. This EULA grants you, the registered computer software developer, the following rights:
? Applications Software. The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version, on a per Developer basis (up to three machines); provided that such use complies with all applicable laws. You agree to indemnify, defend and hold harmless VectorDraw against any claims arising out of any allegation that your use of the SOFTWARE PRODUCT violates any such laws.
? Redistributable File(s). Notwithstanding the terms of this EULA to the contrary, certain of the executable files of the SOFTWARE PRODUCT may be redistributed by you to the extent required for the permitted operation of the application(s) software installation code created by you while using the SOFTWARE PRODUCT. The redistributable file(s) are limited to those specifically identified as "Redistributables" in the media, printed materials, and "online" or electronic documentation accompanying the particular embodiment of the SOFTWARE PRODUCT. You may distribute the vdpro.ocx, vdstd.ocx, vdview.ocx, royalty free, with any end-user application you develop. Appropriate Licenses must be purchased in order to develop commercial applications. The end users of your applications are not licensed to use VectorDraw products for developing any application, and they must not redistribute any of these files. It is your responsibility to make such restrictions clear to your end-users. However, you are not eligible to use our products to build another components.
To determine whether particular file(s) are redistributable, please contact the VectorDraw Information Center: VectorDraw Software Corporation, Nikoforou 12, Dafni, Athens, 17234, GREECE (or by FAX +30-1-90-27-422, e-mail to: email@example.com).
? STORAGE/NETWORK USE. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each developer using the SOFTWARE PRODUCT from the storage device. Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
? Academic Edition Software. If the SOFTWARE PRODUCT is identified as "Academic Edition" or "Educational Copy" or "AE," you must be a "Qualified Educational User" to use the SOFTWARE PRODUCT. If you have acquired such a SOFTWARE PRODUCT and are not a Qualified Educational User, you have no rights in the SOFTWARE PRODUCTS under this EULA. To determine whether you are a Qualified Educational User, please contact the VectorDraw Sales Information Center: VectorDraw Software Corporation, Nikoforou 12, Dafni, Athens, 17234, GREECE (or by FAX +30-210-90-27-422, e-mail to: firstname.lastname@example.org).
? Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
? Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR" or "Evaluation Copy", then, notwithstanding other sections of this EULA, you may not use the SOFTWARE PRODUCT for commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of the SOFTWARE PRODUCT to create publicly distributed computer software.
? Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party.
? Software Transfer. You may permanently and wholly transfer all of your rights under this EULA, provided you (a) retain no copies (whole or partial), (b) permanently and wholly transfer any and all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) to the recipient, and (c) the recipient first agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include any and all prior versions of the SOFTWARE PRODUCT and any and all of your rights therein, if any.
? Support Services. VectorDraw may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). The provision and use of Support Services is governed by the VectorDraw policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to VectorDraw as part of the Support Services, VectorDraw may use such information for its business purposes, including for product updates and development.
? Termination. Without prejudice to any of VectorDraw''s other rights, VectorDraw may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the SOFTWARE PRODUCT and all of its component parts.
3) UPGRADES. If the SOFTWARE PRODUCT is labeled or otherwise identified by VectorDraw as an "upgrade", you must be properly licensed to use a product identified by VectorDraw as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT, labeled or otherwise identified by VectorDraw as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4) COPYRIGHT AND TRADEMARKS.
? All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned or licensed by VectorDraw or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the SOFTWARE PRODUCT for back-up and archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
? You may not remove, modify or alter any VectorDraw copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the VectorDraw ''about'' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the SOFTWARE PRODUCT.
5) GREECE GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the GREECE Government is subject to restrictions. Manufacturer is:VectorDraw Software Corporation, Nikoforou 12, Dafni, Athens, 17234, GREECE (or by FAX +30-1-90-27-422, e-mail to: email@example.com).
This EULA is governed by the laws of the GREECE. Should you have any questions concerning this EULA, or if you desire to contact VectorDraw for any reason, please contact the VectorDraw distributor serving you or write: Manufacturer is: VectorDraw Software Corporation, Nikoforou 12, Dafni, Athens, 17234, GREECE (or by FAX +30-210-90-27-422, e-mail to: firstname.lastname@example.org).
7) LIMITED WARRANTY
? LIMITED WARRANTY. VectorDraw warrants that (a) the SOFTWARE PRODUCT will, for a period of thirty (30) days from the date of delivery, perform substantially in accordance with VectorDraw''s written materials accompanying it, and (b) any Support Services provided by VectorDraw shall be substantially as described in applicable written materials provided to you by VectorDraw.
? CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by VectorDraw, VectorDraw''s and its suppliers'' entire liability and your exclusive remedy shall be, at VectorDraw''s option, repair or replacement of the defective SOFTWARE PRODUCT. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
? NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VectorDraw 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. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO THIRTY (30) DAYS.
8) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VectorDraw 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 INFORMATION, 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 VECTORDRAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VectorDraw''s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO VECTORDRAW FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.