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  1.  
  2.  
  3. CodeTyphon
  4. Project Licensed as FREEWARE
  5.  
  6. FREEWARE LICENSE
  7. END-USER LICENSE AGREEMENT
  8. For CodeTyphon Project
  9. By PilotLogic Software House
  10.  
  11. PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING
  12. THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE TERMS OF
  13. THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD,
  14. INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN THE ENTIRE
  15. UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT FOR A REFUND. THE
  16. SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT
  17. PRIOR WRITTEN AUTHORIZATION FROM PILOTLOGIC.
  18.  
  19. RIGHTS AND LICENSES
  20.  
  21. This PilotLogic Software License Agreement ("Agreement") is a legal
  22. agreement between You (an entity or a person) and PilotLogic, Software House.
  23. ("PilotLogic") with respect to the software product identified in the
  24. title of this Agreement, media (if any) and accompanying documentation
  25. (collectively the "Software").
  26.  
  27. The Software is a collective work of PilotLogic. You may make and use
  28. unlimited copies of the Software for Your distribution and use within
  29. Your Organization. You may make and distribute unlimited copies of
  30. the Software outside Your organization provided that: 1) You receive
  31. no consideration; and, 2) you do not bundle or combine the Software
  32. with another offering (e.g., software, hardware, or service). The
  33. term "Organization" means a legal entity, excluding subsidiaries and
  34. affiliates with a separate existence for tax purposes or for legal
  35. personality purposes. An example of an Organization in the private
  36. sector would be a corporation, partnership, or trust, excluding any
  37. subsidiaries or affiliates of the organization with a separate tax
  38. identification number or company registration number. In the public
  39. sector, an example of Organization would be a specific government
  40. body or local government authority.
  41.  
  42. The Software is a modular programming system. Most of the components
  43. are open source packages, developed independently, and accompanied by
  44. separate license terms. Your license rights with respect to
  45. individual components accompanied by separate license terms are
  46. defined by those terms; nothing in this Agreement (including, for
  47. example, the "Other License Terms and Restrictions," below) shall
  48. restrict, limit, or otherwise affect any rights or obligations You may
  49. have, or conditions to which You may be subject, under such license
  50. terms.
  51.  
  52. While the license terms for a component may authorize You to
  53. distribute the component, You may not use any PilotLogic marks (e.g., CodeTyphon)
  54. in distributing the component, whether or not the
  55. component contains PilotLogic marks.
  56.  
  57. OTHER LICENSE TERMS AND RESTRICTIONS
  58.  
  59. The Software is protected by the copyright laws and treaties of the
  60. United States ("U.S.") and other countries and is subject to the
  61. terms of this Agreement. The Software is licensed to You, not sold.
  62.  
  63. The Software may be bundled with other software programs ("Bundled
  64. Programs"). Your license rights with respect to Bundled Programs
  65. accompanied by separate license terms are defined by those terms;
  66. nothing in this Agreement shall restrict, limit, or otherwise affect
  67. any rights or obligations You may have, or conditions to which You may
  68. be subject, under such license terms.
  69.  
  70. PilotLogic reserves all rights not expressly granted to You. You may not:
  71. (1) reverse engineer, decompile, or disassemble the Software except
  72. and only to the extent it is expressly permitted by applicable law or
  73. the license terms accompanying a component of the Software; or (2)
  74. transfer the Software or Your license rights under this Agreement, in
  75. whole or in part.
  76.  
  77. You understand and agree that PilotLogic may use any feedback or
  78. information You provide and You hereby grant PilotLogic a perpetual and
  79. irrevocable license to use all such feedback and information for any
  80. purpose without compensation to You, provided that PilotLogic shall not
  81. publicly reference Your name in connection therewith. You represent
  82. and warrant that such feedback and information will not include any
  83. proprietary or confidential information of You or any third party and
  84. that You have full authority to grant the foregoing license.
  85.  
  86. OWNERSHIP RIGHTS
  87.  
  88. No title to or ownership of the Software is transferred to You. PilotLogic
  89. and/or its licensors owns and retains all title and ownership of all
  90. intellectual property rights in the Software, including any
  91. adaptations or copies. You acquire only a license to use the Software.
  92.  
  93. THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU
  94. "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE
  95. RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY
  96. YOU. PilotLogic DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
  97. INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
  98. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
  99. NONINFRINGEMENT. PilotLogic DOES NOT WARRANT THAT THE SOFTWARE WILL
  100. SATISFY YOUR REQUIREMENTS OR THAT THE OPERTATION OF THE SOFTWARE WILL
  101. BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers
  102. and limitations of warranties, so portions of the above limitations
  103. may not apply to You. This limited warranty gives You specific rights
  104. and You may also have other rights which vary from state to state.
  105.  
  106. Non-PilotLogic Products. The Software may include or be bundled with
  107. hardware or other software programs licensed or sold by a licensor
  108. other than PilotLogic. PILOTLOGIC DOES NOT WARRANT NON-PILOTLOGIC PRODUCTS. ANY
  109. SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE
  110. FOR NON-PILOTLOGIC PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN
  111. ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.
  112.  
  113. LIMITATION OF LIABILITY
  114.  
  115. (a) Consequential Losses. NEITHER PILOTLOGIC NOR ANY OF ITS LICENSORS,
  116. SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
  117. INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
  118. DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
  119. INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN
  120. IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
  121.  
  122. (b) Direct Damages. IN NO EVENT WILL PILOTLOGIC'S AGGREGATE LIABILITY FOR
  123. DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A
  124. SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE
  125. SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED
  126. THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations
  127. will not apply to claims relating to death or personal injury. In
  128. those jurisdictions that do not allow the exclusion or limitation of
  129. damages, PilotLogic's liability shall be limited or excluded to the
  130. maximum extent allowed within those jurisdictions.
  131.  
  132. GENERAL TERMS
  133.  
  134. Benchmark Testing. This benchmark testing restriction applies to You
  135. if You are a software vendor or if You are performing testing on the
  136. Software at the direction of or on behalf of a software vendor. You
  137. may not, without PilotLogic's prior written consent not to be unreasonably
  138. withheld, publish or disclose to any third party the results of any
  139. benchmark test of the Software. If You are a vendor of products that
  140. are functionally similar to or compete with the Software ("Similar
  141. Products"), or are acting on behalf of such a vendor, and You publish
  142. or disclose benchmark information on the Software in violation of this
  143. restriction, then notwithstanding anything to the contrary in the
  144. Similar Product's end user license agreement, and in addition to any
  145. other remedies PilotLogic may have, PilotLogic shall have the right to perform
  146. benchmark testing on Similar Products and to disclose and publish that
  147. benchmark information and You hereby represent that You have authority
  148. to grant such right to PilotLogic.
  149.  
  150. Transfer. This Agreement may not be transferred or assigned without
  151. the prior written approval of PilotLogic.
  152.  
  153. Law and Jurisdiction. This Agreement is governed by the laws of the
  154. State of Utah, U.S. Any action at law relating to this Agreement may
  155. only be brought before the courts of competent jurisdiction of the
  156. State of Utah. If, however, Your country of principal residence is a
  157. member state of the European Union or the European Free Trade
  158. Association, this Agreement is governed by the laws of that country,
  159. and any action at law may only be brought before a court of competent
  160. jurisdiction of that country.
  161.  
  162. Entire Agreement. This Agreement and the Upgrade/Additive Agreement
  163. (if applicable) sets forth the entire understanding and agreement
  164. between You and PilotLogic and may be amended only in a writing signed by
  165. both parties. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER,
  166. SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR
  167. TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN
  168. ADDITION TO, THE TERMS OF THIS AGREEMENT.
  169.  
  170. Waiver. No waiver of any right under this Agreement will be effective
  171. unless in writing, signed by a duly authorized representative of the
  172. party to be bound. No waiver of any past or present right arising from
  173. any breach or failure to perform will be deemed to be a waiver of any
  174. future right arising under this Agreement.
  175.  
  176. Severability. If any provision in this Agreement is invalid or
  177. unenforceable, that provision will be construed, limited, modified or,
  178. if necessary, severed, to the extent necessary, to eliminate its
  179. invalidity or unenforceability, and the other provisions of this
  180. Agreement will remain unaffected.
  181.  
  182. Export Compliance. Any person or entity exporting or re-exporting
  183. PilotLogic products directly or indirectly and via any means, including
  184. electronic transfer, is wholly responsible for doing so in accordance
  185. with the U.S. Export Administration Regulations and the laws of host
  186. countries. PilotLogic assumes no responsibility or liability for your
  187. failure to obtain any necessary export approvals. Approvals are
  188. dependent upon an item's technical characteristics, the destination,
  189. end-use and end-user, as well as other activities of the end user.
  190. Specifically, no PilotLogic product may be exported to embargoed or
  191. otherwise restricted countries or end users. Please consult the
  192. Bureau of Industry and Security web page and other sources before
  193. exporting PilotLogic products from the U.S. and familiarize yourself with
  194. the laws of destination countries before re-exporting PilotLogic products.
  195. This provision shall survive the expiration or earlier termination of
  196. this Agreement. Please refer to the export matrix for PilotLogic products
  197. for more information on exporting PilotLogic Software.
  198.  
  199. Other. The application of the United Nations Convention of Contracts
  200. for the International Sale of Goods is expressly excluded.
  201.  
  202. Questions. Should you have any questions concerning this EULA, or
  203. if you desire to contact the PilotLogic for any reason, please contact
  204. by electronic mail at: support@pilotlogic.com.
  205.  
  206. Copyright © 2008-2015 PilotLogic Software house. All Rights Reserved.
  207.  
  208. PilotLogic, and the logo are registered trademarks of PilotLogic.
  209. CodeTyphon, and the logo are registered trademarks of PilotLogic.
  210. Third party trademarks are property of their respective owners.
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