PC World 2001 May/PCWorld_2001-05_cd.bin/Software/Vyzkuste/javacrea/EULA.txt

Text File | 2000-05-03 | 6KB | 118 lines

END-USER LICENSE AGREEMENT FOR JCREATOR


NOTICE TO ALL USERS:CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT,
FOR THE LICENSE OF SPECIFIED SOFTWARE BY XINOX SOFTWARE. BY INSTALLING
THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT
TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT
INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO
NOT INSTALL THE SOFTWARE.

1. GENERAL

This End-User License Agreement ("EULA") is a legal agreement between
you and Xinox Software for the Xinox Software products identified above,
which may include computer software and associated media, electronic
documentation and printed materials ("The Software"). By installing,
copying, distributing or otherwise using The Software you agree to be
bound by the terms of this EULA. If you do not agree to the terms of
this EULA, you must not install, use or distribute The Software, and
you must destroy all copies of The Software that you have.

The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
The Software is licensed, not sold and always remains the property of
Xinox Software.

2. LICENSE RESTRICTIONS:

YOU MAY NOT: (a) Sublicense, sell, assign, transfer, pledge, distribute,
rent or remove any proprietary notices on the Software except as expressly
permitted in this Agreement; (b) Use, copy, adapt, disassemble, decompile,
reverse engineer or modify the Software, in whole or in part, except as
expressly permitted in this Agreement; (c) Take any action designed to
unlock or bypass any Company-implemented restrictions on usage, access to,
or number of installations of the Software; or (d) Use the Software if you
fail to pay any license fee due and the Company notifies you that your
license is terminated.

IF YOU DO ANY OF THE FOREGOING, YOUR RIGHTS UNDER THIS LICENSE WILL AUTOMATICALLY
TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL,
CIVIL OR OTHER REMEDIES AVAILABLE TO XINOX SOFTWARE.


3. TRANSFER OF RIGHTS

You may permanently transfer all of your rights under this EULA, provided you
retain no copies of The Software, you transfer all of The Software (including
all component parts, documentation upgrades, and this EULA), and the recipient
agrees to the terms of this EULA. If The Software is an upgrade, any transfer
must include all prior versions of The Software.

4. TERMINATION

Without prejudice to any other rights, Xinox Software may terminate this EULA
if you fail to comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of The Software.

5. COPYRIGHT

All title, including but not limited to copyrights, in and to The Software and
any copies thereof are owned by Xinox Software. All title and intellectual
property rights in and to the content which may be accessed through use of The
Software is the property of the respective content owner and may be protected
by applicable copyright or other intellectual property laws and treaties. This
EULA grants you no rights to use such content. All rights not expressly granted
are reserved by Xinox Software.

6. LIMITED WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XINOX SOFTWARE DISCLAIMS ALL
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, AND THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES.XINOX SOFTWARE DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR FREE.THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU, THE USER.

7. LIMITATIONS OF REMEDIES AND LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XINOX
SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF 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 XINOX SOFTWARE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. DISTRIBUTION

You are hereby licensed to make as many copies of the installation package for
The Software as you wish; give exact copies of the original installation package
for The Software to anyone; and distribute the original installation package for
The Software in its unmodified form via electronic or other means. The Software
must be clearly identified as an free version where described.

You are specifically prohibited from charging, or requesting donations, for any
such copies, however made; and from distributing The Software including documentation
with other products (commercial or otherwise) without prior written permission
from Xinox Software. You are also prohibited from distributing components of
The Software other than the complete original installation package.

9. FINAL

9.1 This Licence is governed by Dutch Law and is subject to exclusive jurisdiction
of the Dutch courts.

9.2 This Licence constitutes the complete and exclusive statement of our agreement
with you and supercedes all proposals, representations, understandings and prior
agreements whether oral or written and all communications with you relating thereto.