END-USER LICENSE AGREEMENT FOR KADMOS SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User license Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Kadmos for the use of Kadmos software products, which include computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT' or "SOFTWARE"). 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, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund within thirty days counted from the date of purchase.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed. not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights:
SOFTWARE PRODUCT. You may install and use the enclosed SOFTWARE PRODUCT on a single terminal connected to a single computer to design, develop, and test software application products ("Application"). You may not network the SOFTWARE or otherwise use it on more than one computer terminal at the same time.
SOFTWARE PRODUCT KEY. The SOFTWARE package includes a unique SOFTWARE PRODUCT KEY which allows for the registration of the SOFTWARE. The SOFTWARE PRODUCT KEY, is subject to the restrictions set forth in this license agreement and may not be distributed either with your applications or in any other way. However, Kadmos grants you a royalty-free right to reproduce and distribute the SOFTWARE with your applications provided that you:
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a) distribute the SOFTWARE only in conjunction with and as a part of your application (".EXE");
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b) do not use Kadmos’s name, logo. or trademarks to market your application without the express written consent of Kadmos;
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c) agree to indemnify, hold harmless, and defend Kadmos from and against any claims or lawsuits, including attorney's fees that may arise from the use or distribution of your application with the SOFTWARE modules;
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d) do not distribute, bundle, wrap or subclass the SOFTWARE as a component to be used in a DESIGNTIME development environment;
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e) use the SOFTWARE to create an application that is significantly different than the SOFTWARE. Kadmos reserves all rights not expressly granted to you in this EULA.
2. COPYRIGHT. All right, title, and copyright in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT, are owned by Kadmos. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you may either (a) copy the SOFTWARE PRODUCT solely for backup ot archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials which accompany the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
LlMlTATIONS ON REVERSE ENGINEERING , DECOMPILATION, AND DISASSEMBLY, You may not reverse engineer, decompile , or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
RENTAL. You may not rent or lease the SOFTWARE PRODUCT.
SOFTWARE TRANSFER. You may permanently transfer all of your rights under the EULA, provided that you retain no copies, that you transfer all the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and that the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
TERMlNATION. Without prejudice to any other rights. Kadmos may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
LIMITED WARRANTY: Kadmos warrants that the original disks or files are free from defects for 90 days from the date of delivery of the SOFTWARE.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Kadmos expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability of fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY AND CUSTOMER REMEDIES. Kadmos’s entire liability and your exclusive remedy under this EULA shall be, at Kadmos’s opinion, either (a) return of the price paid for the SOFTWARE or (b) replacement of the SOFTWARE which does not meet Kadmos’s Limited Warranty and which is returned to Kadmos with a copy of your receipt. Any replacement SOFTWARE will be warranted for the remainder of the original warrant period or 30 days, whichever is longer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Kadmos be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this product, even if Kadmos has been advised of the possibility of such damages.