PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING V12. BY USING V12, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
The enclosed computer program(s), license file and data (collectively, "Software") are licensed, not sold, to you by Integration Inc. ("Integration") for the purpose of using it for the development of your own products ("Products") only under the terms of this Agreement, and Integration reserves any rights not expressly granted to you. You own the floppy disk on which the Software is recorded or fixed. The Software is owned by Integration and is protected by International copyright laws and treaty provisions.
1. License. This License allows you to:
(a) Install one copy of the Software on a single computer. To "install" the Software means that the Software is either loaded or installed on the permanent memory of a computer (i.e., hard disk). This installed copy of the Software may be accessible by multiple computers, however, the Software cannot be installed on more than one computer at any time. You may only install the Software on another computer if you first remove the Software from the computer on which it was previously installed.
(b) Make one copy of the Software in machine readable form solely for backup purposes. As an express condition of this Agreement, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Integration.
(c) Permanently transfer all your rights under this Agreement to another party by providing to such party all copies of the Software licensed under this Agreement together with a copy of this Agreement and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this Agreement and that you keep no copy of the Software. If the Software is an update, any transfer must include the update and all prior versions.
(d) Your license is limited to the particular operating system and version (collectively "Version") of the Software you have purchased. Therefore, use of a Version other than the one encompassed by this License Agreement requires a separate license.
(e) The Software contains a license file (.LIC) and an installer (INSTALLER) which are subject to the restrictions set forth above and may not be distributed by you in any way. However, Integration grants you a royalty-free right to reproduce and distribute the files named "aa", "bb" XXX (collectively, "Runtime Kit") provided that (i) you distribute the Runtime Kit only in conjunction with and as part of your own Products; (ii) own a license for the specific Version of the Software that contains the Runtime Kit; (iii) agree to indemnify, hold harmless and defend Integration from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your Products with the Runtime Kit;
2. Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, you may not MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Copyright notices. You may not alter or change Integration's copyright notices as contained in V12. You must include (a) a copyright notice, in direct proximity to your own copyright notice, in substantially the following form "Portions of code are Copyright (c)1993-96 Integration, Inc." (b) place the "Powered by V12" logo on the packaging of your Products (c) place the "Powered by V12" logo within your Products in the credits section.
4. Acceptance. V12 shall be deemed accepted by you upon delivery unless you provide Integration, within two (2) weeks therein, with a written description of any bona fide defects.
5. Termination. This Agreement is effective until terminated. This Agreement will terminate immediately without notice from Integration or judicial resolution if you fail to comply with any provision of this Agreement. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 7 and 8 will survive any termination.
6. Limited Warranty. Integration warrants for a period of ninety (90) days from your date of purchase (as evidenced by a copy of your receipt) that the disk on which the Software is recorded will be free from defects in materials and workmanship under normal use. Integration's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Integration's option, replacement of the disk, refund of the purchase price or repair or replacement of the Software.
7. Limitation of Remedies and Damages. In no event will Integration, its parent or subsidiaries or any of the licensers, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of business information and the like), whether foreseeable or not, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Integration or an Integration representative has been advised of the possibility of such damage. Integration's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of US $350.00 or the money paid for the Software that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. General. This Agreement will be construed under the laws of the Province of Quebec, except for that body of law dealing with conflicts of law. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
9. The parties acknowledge having requested and being satisfied that this Agreement and its accessories be drawn in English. Les parties reconnaissent avoir demandΘ que cette entente et ses documents connexes soient rΘdigΘs en anglais et s'en dΘclarent satisfaits.
