END USER LICENSE AGREEMENT

This License Agreement is your proof of license. Please treat it as valuable property.

END-USER LICENSE AGREEMENT FOR ComponentOne SOFTWARE

IMPORTANT-READ CAREFULLY: This End-User license Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ComponentOne for the use of one or more ComponentOne software products designated below, which include computer software and any 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 to you, not sold. ComponentOne or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT.

  1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights provided you comply with all terms and conditions of this EULA:

    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.

    If you have licensed:

    1. VSDOCX: The SOFTWARE PRODUCT KEY is subject to the restrictions set forth in this license agreement and may not be distributed either with your applications, application components or in any other way.
    2. VSREPORTS: The SOFTWARE PRODUCT KEY is subject to the restrictions set forth in this license agreement and may not be distributed either with your applications, application components or in any other way. The SOFTWARE also includes at least three executable files listed as "TRANS95.EXE," "TRANS97.EXE" and "TRANS00.EXE" which function is that of translating information read out of a database created with Microsoft Access'95, Microsoft Access'97, or Microsoft Access 2000 respectively. The SOFTWARE PRODUCT KEY, the file "TRANS95.EXE," "TRANS97.EXE" and the file "TRANS00.EXE," are subject to the restrictions set forth in this license agreement and may not be distributed either with your applications, application components or in any other way. However, ComponentOne grants you a royalty-free right to reproduce and distribute the SOFTWARE with your applications or application components provided that you (a) distribute the SOFTWARE only in conjunction with and as a part of your application ("EXE") or as an application component; (b) do not use ComponentOne's name, logo, or trademarks to market your application or application component without the express written consent of ComponentOne; (c) include ComponentOne's copyright notice for the SOFTWARE on your product label or in the "About Box" of your application or application component; (d) agree to indemnify, hold harmless, and defend ComponentOne from and against any claims or lawsuits, including attorney's fees that may arise from the use or distribution of your application or application component with the SOFTWARE modules; (e) do not distribute, bundle, wrap or subclass the SOFTWARE as a component which, when used in a DESIGNTIME development environment exposes the programmatic interface of the SOFTWARE; (f) use the SOFTWARE to create an application or an application component that is significantly different than the SOFTWARE. ComponentOne reserves all rights not expressly granted to you in this EULA.
    3. VSFORUM: The SOFTWARE PRODUCT KEY is subject to the restrictions set forth in this license agreement and may not be distributed in any way. This SOFTWARE PRODUCT consists of a type of software, generally known as "Server Software", that provides services on a computer called a "Server". ComponentOne grants to you the following rights to the Server Software (hereinafter called the "SOFTWARE PRODUCT"): A) Installation: You may install one copy of the SOFTWARE PRODUCT on a single computer (the computer running the SOFTWARE PRODUCT shall be referred to as the "Server"). B) Use of the SOFTWARE PRODUCT: When installed and set up, the SOFTWARE PRODUCT creates a database file which contains the embodiment of a discussion forum (said database hereinafter called the "FORUM"). You may use the SOFTWARE PRODUCT to create one copy of the FORUM on one Server, which may be connected at any point to an unlimited number of workstations or computers operating on one or more networks. You are specifically NOT LICENSED to run multiple FORUMs. To run multiple FORUMs you must obtain an equal number of licensed copies of the SOFTWARE PRODUCT.
    4. ALL OTHERS: The SOFTWARE PRODUCT KEY is subject to the restrictions set forth in this license agreement and may not be distributed either with your applications, application components or in any other way. However, ComponentOne grants you a royalty-free right to reproduce and distribute the SOFTWARE with your applications or application components provided that you (a) distribute the SOFTWARE only in conjunction with and as a part of your application ("EXE") or as an application component; (b) do not use ComponentOne's name, logo, or trademarks to market your application or application component without the express written consent of ComponentOne; (c) include ComponentOne's copyright notice for the SOFTWARE on your product label or in the "About Box" of your application; (d) agree to indemnify, hold harmless, and defend ComponentOne from and against any claims or lawsuits, including attorney's fees that may arise from the use or distribution of your application or application component with the SOFTWARE modules; (e) do not distribute, bundle, wrap or subclass the SOFTWARE as a component which, when used in a DESIGNTIME development environment exposes the programmatic interface of the SOFTWARE; (f) use the SOFTWARE to create an application or an application component that is significantly different than the SOFTWARE. ComponentOne reserves all rights not expressly granted to you in this EULA.

  • 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 ComponentOne. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you may either (a) copy the SOFTWARE PRODUCT solely for backup or 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, if any, which accompany the SOFTWARE PRODUCT.

  • DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

    LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation.
    RENTAL. You may not rent or lease the SOFTWARE PRODUCT.
    SOFTWARE TRANSFER. You may transfer the SOFTWARE PRODUCT to another computer, provided that it is completely removed from the computer from which it was transferred. 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.
    TERMINATION. Without prejudice to any other rights, ComponentOne 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.

  • EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is of U.S. origin. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or other such governmental entity as may have jurisdiction over such export or transmission.

    LIMITED WARRANTY. ComponentOne warrants that the original media, if any, are free from defects for 90 days from the date of delivery of the SOFTWARE PRODUCT.

    NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, ComponentOne 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. This limited warranty gives you specific legal rights. You may have others which vary from state to state.

    LIMITATION OF LIABILITY AND CUSTOMER REMEDIES. ComponentOne's entire liability and your exclusive remedy under this EULA shall be, at ComponentOne's option, either (a) return of the price paid for the SOFTWARE or (b) replacement of the SOFTWARE which does not meet ComponentOne's Limited Warranty and which is returned to ComponentOne with a copy of your receipt. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA.

    NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall ComponentOne 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 ComponentOne has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

    U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (l) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (l) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ComponentOne; 4516 Henry Street, Suite 500; Pittsburgh, PA 15213.

    ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA included with the SOFTWARE PRODUCT) is the entire agreement between you and ComponentOne relating to the SOFTWARE PRODUCT and supercedes all prior contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject covered by this EULA.

    The SOFTWARE PRODUCT is licensed, not sold.

    If you acquired this product in the United States, this Agreement is governed by the laws of the State of Pennsylvania.

    If this product was acquired outside the United States, then local law may apply.