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- CodeTyphon
- Project Licensed as FREEWARE
- FREEWARE LICENSE
- END-USER LICENSE AGREEMENT
- For CodeTyphon Project
- By PilotLogic Software House
- PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING
- THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE TERMS OF
- THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD,
- INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN THE ENTIRE
- UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT FOR A REFUND. THE
- SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT
- PRIOR WRITTEN AUTHORIZATION FROM PILOTLOGIC.
- RIGHTS AND LICENSES
- This PilotLogic Software License Agreement ("Agreement") is a legal
- agreement between You (an entity or a person) and PilotLogic, Software House.
- ("PilotLogic") with respect to the software product identified in the
- title of this Agreement, media (if any) and accompanying documentation
- (collectively the "Software").
- The Software is a collective work of PilotLogic. You may make and use
- unlimited copies of the Software for Your distribution and use within
- Your Organization. You may make and distribute unlimited copies of
- the Software outside Your organization provided that: 1) You receive
- no consideration; and, 2) you do not bundle or combine the Software
- with another offering (e.g., software, hardware, or service). The
- term "Organization" means a legal entity, excluding subsidiaries and
- affiliates with a separate existence for tax purposes or for legal
- personality purposes. An example of an Organization in the private
- sector would be a corporation, partnership, or trust, excluding any
- subsidiaries or affiliates of the organization with a separate tax
- identification number or company registration number. In the public
- sector, an example of Organization would be a specific government
- body or local government authority.
- The Software is a modular programming system. Most of the components
- are open source packages, developed independently, and accompanied by
- separate license terms. Your license rights with respect to
- individual components accompanied by separate license terms are
- defined by those terms; nothing in this Agreement (including, for
- example, the "Other License Terms and Restrictions," below) shall
- restrict, limit, or otherwise affect any rights or obligations You may
- have, or conditions to which You may be subject, under such license
- terms.
- While the license terms for a component may authorize You to
- distribute the component, You may not use any PilotLogic marks (e.g., CodeTyphon)
- in distributing the component, whether or not the
- component contains PilotLogic marks.
- OTHER LICENSE TERMS AND RESTRICTIONS
- The Software is protected by the copyright laws and treaties of the
- United States ("U.S.") and other countries and is subject to the
- terms of this Agreement. The Software is licensed to You, not sold.
- The Software may be bundled with other software programs ("Bundled
- Programs"). Your license rights with respect to Bundled Programs
- accompanied by separate license terms are defined by those terms;
- nothing in this Agreement shall restrict, limit, or otherwise affect
- any rights or obligations You may have, or conditions to which You may
- be subject, under such license terms.
- PilotLogic reserves all rights not expressly granted to You. You may not:
- (1) reverse engineer, decompile, or disassemble the Software except
- and only to the extent it is expressly permitted by applicable law or
- the license terms accompanying a component of the Software; or (2)
- transfer the Software or Your license rights under this Agreement, in
- whole or in part.
- You understand and agree that PilotLogic may use any feedback or
- information You provide and You hereby grant PilotLogic a perpetual and
- irrevocable license to use all such feedback and information for any
- purpose without compensation to You, provided that PilotLogic shall not
- publicly reference Your name in connection therewith. You represent
- and warrant that such feedback and information will not include any
- proprietary or confidential information of You or any third party and
- that You have full authority to grant the foregoing license.
- OWNERSHIP RIGHTS
- No title to or ownership of the Software is transferred to You. PilotLogic
- and/or its licensors owns and retains all title and ownership of all
- intellectual property rights in the Software, including any
- adaptations or copies. You acquire only a license to use the Software.
- THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU
- "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE
- RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY
- YOU. PilotLogic DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
- INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
- NONINFRINGEMENT. PilotLogic DOES NOT WARRANT THAT THE SOFTWARE WILL
- SATISFY YOUR REQUIREMENTS OR THAT THE OPERTATION OF THE SOFTWARE WILL
- BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers
- and limitations of warranties, so portions of the above limitations
- may not apply to You. This limited warranty gives You specific rights
- and You may also have other rights which vary from state to state.
- Non-PilotLogic Products. The Software may include or be bundled with
- hardware or other software programs licensed or sold by a licensor
- other than PilotLogic. PILOTLOGIC DOES NOT WARRANT NON-PILOTLOGIC PRODUCTS. ANY
- SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE
- FOR NON-PILOTLOGIC PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN
- ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.
- LIMITATION OF LIABILITY
- (a) Consequential Losses. NEITHER PILOTLOGIC NOR ANY OF ITS LICENSORS,
- SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
- INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
- DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
- INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN
- IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
- (b) Direct Damages. IN NO EVENT WILL PILOTLOGIC'S AGGREGATE LIABILITY FOR
- DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A
- SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE
- SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED
- THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations
- will not apply to claims relating to death or personal injury. In
- those jurisdictions that do not allow the exclusion or limitation of
- damages, PilotLogic's liability shall be limited or excluded to the
- maximum extent allowed within those jurisdictions.
- GENERAL TERMS
- Benchmark Testing. This benchmark testing restriction applies to You
- if You are a software vendor or if You are performing testing on the
- Software at the direction of or on behalf of a software vendor. You
- may not, without PilotLogic's prior written consent not to be unreasonably
- withheld, publish or disclose to any third party the results of any
- benchmark test of the Software. If You are a vendor of products that
- are functionally similar to or compete with the Software ("Similar
- Products"), or are acting on behalf of such a vendor, and You publish
- or disclose benchmark information on the Software in violation of this
- restriction, then notwithstanding anything to the contrary in the
- Similar Product's end user license agreement, and in addition to any
- other remedies PilotLogic may have, PilotLogic shall have the right to perform
- benchmark testing on Similar Products and to disclose and publish that
- benchmark information and You hereby represent that You have authority
- to grant such right to PilotLogic.
- Transfer. This Agreement may not be transferred or assigned without
- the prior written approval of PilotLogic.
- Law and Jurisdiction. This Agreement is governed by the laws of the
- State of Utah, U.S. Any action at law relating to this Agreement may
- only be brought before the courts of competent jurisdiction of the
- State of Utah. If, however, Your country of principal residence is a
- member state of the European Union or the European Free Trade
- Association, this Agreement is governed by the laws of that country,
- and any action at law may only be brought before a court of competent
- jurisdiction of that country.
- Entire Agreement. This Agreement and the Upgrade/Additive Agreement
- (if applicable) sets forth the entire understanding and agreement
- between You and PilotLogic and may be amended only in a writing signed by
- both parties. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER,
- SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR
- TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN
- ADDITION TO, THE TERMS OF THIS AGREEMENT.
- Waiver. No waiver of any right under this Agreement will be effective
- unless in writing, signed by a duly authorized representative of the
- party to be bound. No waiver of any past or present right arising from
- any breach or failure to perform will be deemed to be a waiver of any
- future right arising under this Agreement.
- Severability. If any provision in this Agreement is invalid or
- unenforceable, that provision will be construed, limited, modified or,
- if necessary, severed, to the extent necessary, to eliminate its
- invalidity or unenforceability, and the other provisions of this
- Agreement will remain unaffected.
- Export Compliance. Any person or entity exporting or re-exporting
- PilotLogic products directly or indirectly and via any means, including
- electronic transfer, is wholly responsible for doing so in accordance
- with the U.S. Export Administration Regulations and the laws of host
- countries. PilotLogic assumes no responsibility or liability for your
- failure to obtain any necessary export approvals. Approvals are
- dependent upon an item's technical characteristics, the destination,
- end-use and end-user, as well as other activities of the end user.
- Specifically, no PilotLogic product may be exported to embargoed or
- otherwise restricted countries or end users. Please consult the
- Bureau of Industry and Security web page and other sources before
- exporting PilotLogic products from the U.S. and familiarize yourself with
- the laws of destination countries before re-exporting PilotLogic products.
- This provision shall survive the expiration or earlier termination of
- this Agreement. Please refer to the export matrix for PilotLogic products
- for more information on exporting PilotLogic Software.
- Other. The application of the United Nations Convention of Contracts
- for the International Sale of Goods is expressly excluded.
- Questions. Should you have any questions concerning this EULA, or
- if you desire to contact the PilotLogic for any reason, please contact
- by electronic mail at: support@pilotlogic.com.
- Copyright © 2008-2015 PilotLogic Software house. All Rights Reserved.
- PilotLogic, and the logo are registered trademarks of PilotLogic.
- CodeTyphon, and the logo are registered trademarks of PilotLogic.
- Third party trademarks are property of their respective owners.
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