Internet ToolKit for 4D
Developper Software License and Limited Warranty

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE AND ENTERING THE LICENSE NUMBER, YOU (LICENSEE) AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE AND WARRANTY DISCLAIMER (collectively referred to herein as the "Agreement"). THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND THE AUTHOR. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN IT TO US FOR A FULL REFUND.

1.Definitions.
COMPILED: A set of high level language instructions as been transformed into a set of processor level instructions which.
APPLICATION: Software developed by the LICENSEE intended to be used in a Compiled form with the Program and which should never allow use of the Program outside the scope of the Application.

2.Ownership of Software.
The enclosed manual and computer programs ("Software") were developed and are copyrighted by Christian Quest, the author of Internet ToolKit for 4D ("THE AUTHOR") and are licensed, not sold, to you by THE AUTHOR for use under the following terms, and THE AUTHOR reserves any rights not expressly granted to you. You own the disk(s) on which any software is recorded, but THE AUTHOR retains ownership of all copies of the Software itself. Neither the manual nor the Software may be copied in whole or in part except as explicitly stated below.

3.Intellectual Property.
The Software is intellectual property of THE AUTHOR and/or its suppliers protected as such by French copyright law, international treaty provisions, and applicable laws of the country in which it is being used.
Trademarks, logos and trade-names quoted in this Agreement, on or in the Software are the property of their respective owners.
Any reproduction of the Software is only granted on the absolute condition that it contains all the legal specifications of the Software property.

4.License granted.
THE AUTHOR, as Licensor, grants to you, the LICENSEE, a non-exclusive, non-transferable right to use this SOFTWARE, on the operating system(s) specified on your invoice, subject to the terms of the license as described below:

LICENSEE may:

• Install and use the SOFTWARE on any computer, provided that the software cannot be used on more than one computer at a time,
• make backup copies of the SOFTWARE for its use provided they bear THE AUTHOR copyright notice,
• use the SOFTWARE in an unlimited number of custom or commercial COMPILED APPLICATIONS created by the original LICENSEE.

LICENSEE may not:

• distribute copies of the SOFTWARE to others (except as an integral part of a COMPILED APPLICATION within the terms of this License) or electronically transfer the SOFTWARE from one computer to another over a network,
• distribute copies of the SOFTWARE as an integral part of a development shell or non COMPILED APPLICATION,
• decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human perceivable form, as the SOFTWARE contains trade secrets,
• modify, alter or remove any copyright notice, trademarks, logos, or any of THE AUTHOR marks of intelectual property,
• use backup copies of the SOFTWARE (or allow any third party to do so) for any other purpose than replacing the orginal SOFTWARE.
• MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR RESELL FOR PROFIT THE SOFTWARE OR ANY PART THEREOF.

Use of the SOFTWARE on more than one computer or on another operating system is subject to additionnal fees, at the prices set at the time of the order.

5.Termination.
This license is effective until terminated. This license will terminate immediately without notice from THE AUTHOR if you fail to comply with any of its provisions. Upon termination you must destroy the SOFTWARE and all copies thereof, and you may terminate this license at any time by doing so.

6.Update Policy.
THE AUTHOR may create, from time to time, produce updated versions of the SOFTWARE. At its option, THE AUTHOR will make such updates available to the Licensee. Updated versions will constitute one an only product with the SOFTWARE subject of this agreement.

7.Warranty Disclaimer.
THE SOFTWARE IS PROVIDED "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. THE AUTHOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT THE AUTHOR OR IT'S DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. However, if the software has been sold to you on disk(s), THE AUTHOR warrants to the original Licensee that the disk(s) on which the Software is recorded is free from defects in materials and workmanship under normal use and service for a period of thirty (30) days from the date of delivery as evidenced by a copy of the receipt.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY THE AUTHOR ON THIS SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR, IT'S DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

8.Miscellaneous Provisions.
LICENSEE shall not directly or indirectly transfer the SOFTWARE to any country to which such transfer would be prohibited by any applicable export control laws.
No change or modification to this Agreement will be valid unless it is in writing and is signed by a duly authorized representative of each party.
If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
The waiver by THE AUTHOR of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.
This is the entire agreement between THE AUTHOR and LICENSEE relating to the contents of the SOFTWARE and supersedes any other communications with respect to the SOFTWARE.
The relationship between THE AUTHOR and the LICENSEE is that of LICENSOR/LICENSEE. In all matters regarding to the present Agreement, the LICENSEE shall act as an independent contractor.

9.Licensee's status.
The terms and conditions of the present license regarding THE AUTHOR's liability cannot exclude any other legal warranty arising from a legislation of the user's country and takes precedence over the contravening provision.
Equally, some countries forbid the limitation and exclusion of liabilities mentioned above for the consecutive or incidental damages, consequently the present limitation of liability might not be applicable in this case.

10.Non-Disclosure.
The LICENSEE undertakes to respect the confidentiality of information and document which are prensented as such by THE AUTHOR, particularly the present Agreement and the results of any benchmark tests, without prior written consent of THE AUTHOR.

11.Governing Law.
This agreement shall be governed by the french laws.

YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT INDICATED ABOVE.
Should you have any questions, please contact THE AUTHOR or the nearest distributor.

* Notice to United States Government end users:
Use, duplication or disclosure by the US Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.

Internet ToolKit for 4D and the Internet ToolKit Logo are trademarks of Christian Quest