Steware Studio .NET for WinForm 2.0
Revised September 25rd, 2007
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR OTHERWISE USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE AND DESIST USING THE SOFTWARE AND MAY RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED FOR A FULL REFUND OF THE AMOUNT YOU ORIGINALLY PAID.
This License Agreement (“Agreement”) is a legal agreement between Steware Technology Inc. (“Steware”) and you, the user (“Licensee”), is effective the date Licensee installs, downloads, copies or otherwise Uses, in whole or in part, an Steware software product (“Software”), and is limited to the specific version installed, downloaded, copied or otherwise Used by Licensee. Herein, “Use”, “Uses” or “Used” means to access any of the files that are included with the Software, to develop an application that makes use of the Software, to consult any of the documentation included with the Software, or to otherwise benefit from using the Software.
The Software is licensed, not sold. If Licensee has legitimately obtained a registered license for the Software from Steware or an authorized reseller, Licensee is considered to be an authorized (“Authorized”) licensee.
1. GRANT OF INSTALL LICENSE
Steware grants Licensee royalty-free, non-exclusive license to install the Software on an unlimited number of computers at Licensee’s premises and on portable computers operated solely by Licensee. If Licensee is Authorized, the granted installation license is perpetual.
2. GRANT OF EVALUATION LICENSE
If the Software is licensed as an Evaluation license, the following additional provisions apply: (a) This license expires sixty (60) days after grant. (b) The Work may only be used for testing and evaluation purposes and may not be redistributed.
3. GRANT OF DEVELOPMENT LICENSE
Steware grants Licensee a perpetual, royalty-free, non-exclusive license to Use the Software on a single computer at any given time for the sole purpose of developing any number of end user applications that operate in conjunction with the Software. Only a Licensee that is Authorized may Use the Software for a period longer than 60 days after the date the Software was first installed on any computer at Licensee’s premises. The license rights granted under this Agreement do not apply to development or distribution of: (1) software development products or toolkits of any kind, including but not limited to any class libraries, components, controls, XML web services, beans, compilers, plug-ins, adapters, DLLs, APIs or SDKs destined to be used by software developers other than licensees that are Authorized; and (2) software to be licensed or distributed under an open source model, including, without limitation, models similar to GNU`s General Public License (GPL), Lesser GPL, the Artistic License (e.g., PERL), the Mozilla Public License, the Netscape Public License, the Sun Community or Industry Source License or the Apache Software license.
If Licensee is Authorized and has purchased a “team”, “multi-developer” license, the Software may be Used on more than one computer at Licensee’s premises by the number of software developers associated with the team, multi-developer license (e.g. a “Team4”, “4-developer” license allows up to four software developers to Use the Software on up to four computers at Licensee`s premises).
If Licensee is Authorized and has purchased a “site” or “unlimited” license, the Software may be Used by any number of software developers on any number of computers in up to two physical buildings at Licensee’s premises.
4. GRANT OF DUPLICATION AND DISTRIBUTION LICENSE
The Software includes certain runtime libraries and binary files intended for duplication and distribution by a Licensee that is Authorized. These runtime libraries and binary files are specifically identified in the “Redistributable Files” section of the documentation included with the Software (herein, “Redistributable Files”).
If Licensee is Authorized, Steware grants Licensee a perpetual, royalty-free, non-exclusive license to duplicate the Redistributable Files and to distribute them solely in conjunction with software products developed by Licensee that use them.
The foregoing license is subject to the following conditions: If Licensee distributes the Redistributable Files, Licensee agrees to (i) not supply any means by which end users could incorporate the Software or portions thereof into their own products; (ii) not use Steware’s name, logo or trademarks to market a software product; (iii) include a valid copyright notice on Licensee`s software product; (iv) indemnify, hold harmless, and defend Steware from and against any claims or lawsuits, and reasonable attorney’s fees, that arise or result from the use and distribution of Licensee’s software product; and (v) not permit further distribution of the Redistributable Files by end user(s) of Licensee’s software product.
5. SAMPLE CODE LICENSE
In addition to the licenses granted above, Steware grants Licensee the non-exclusive license to Use, copy and modify the source code version of those portions of the Software identified as "Samples" or "Sample Code" or "Sample applications" ("Sample Code") for the sole purposes of designing, developing, and testing Licensee’s software product(s). If Licensee is Authorized, Licensee may distribute any software products developed by Licensee that contain the Sample Code or modifications thereof.
The foregoing license is subject to the following conditions: (i) Licensee shall not use Steware’s name, logo, or trademarks to market their software product(s); (ii) Licensee shall include a valid copyright notice on all copies of the Sample Code and any derivative works thereof; (iii) Licensee shall agree to indemnify and hold harmless Steware from and against any claims or lawsuits, including attorneys’ fees, that arise from or result from the use, copying, modification or distribution of the Sample Code and/or derivative works thereof, and (iv) otherwise comply with the terms of this agreement. Licensee shall not permit further distribution of the Sample Code and/or derivative works by third parties.
6. BACK-UP AND TRANSFER
Licensee may make one copy of the Software solely for "back-up" purposes, as prescribed by United States, and international copyright laws. Licensee must reproduce and include the copyright notice on the back-up copy. Licensee may transfer the Software to another party only if the other party agrees to the terms and conditions of the Agreement, and completes and returns registration information (name, address, etc.) to Steware within 30 days of the transfer. Upon transferring the Software to another party, Licensee must terminate this Agreement by following the instructions in the "AGREEMENT TERMS" section below.
Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of Steware and/or its suppliers and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer the Software or attempt to do so, except as otherwise permitted in this agreement. Licensee agrees to refrain from disclosing the Software (and to take reasonable measures with its employees to ensure they do not disclose the Software) to any person, firm or entity except as expressly permitted herein.
Licensee may not Use, copy, modify, translate, or transfer the Software, documentation, license key, or any of the files included with the Software except as expressly defined in this agreement. Licensee may not attempt to unlock or bypass any “copy-protection”, licensing or authentication algorithm utilized by the Software. Licensee may not remove or modify any copyright notice, nor any "About" dialog or the method by which it may be invoked. Licensee may not rent or lease the Software. Violations will be prosecuted to the maximum extent possible under the law.
9. LIABILITY DISCLAIMER
The Software is provided as is, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of this product is assumed by Licensee. Steware does not assume liability for the use of the Software beyond its original purchase price. In no event will Steware be liable for additional direct or indirect damages including any lost profits, lost savings, or other special, incidental or consequential damages arising from any defects, or the use or inability to use the Software, even if Steware has been advised of the possibility of such damages.
10. AGREEMENT TERMS
This Agreement is effective until terminated. Licensee may terminate it by destroying the Software, all the Redistributable Files Licensee may have distributed, the documentation and copies thereof. This Agreement will also terminate if Licensee fails to comply with any terms or conditions of this Agreement. Licensee agrees upon such termination to destroy all copies of the Software or return them to Steware for disposal.
11. PARTIES BOUND
If Licensee is executing this Agreement on behalf of an entity, then Licensee represents he or she has the authority to execute this agreement on behalf of such entity.
The Software is Copyright ?2003-2008 Steware Technology Inc., all rights reserved. The Software is protected by United States copyright laws, international treaties and all other applicable national or international laws.
13. OTHER RIGHTS AND RESTRICTIONS
Except for the limited licenses granted herein, Steware retains exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees not to represent that Steware is affiliated with or approves of Licensee’s software product(s) in any way.
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