End User License Agreement for Perpetuum UI Controls for Windows 8
Perpetuum Software LLC
Perpetuum UI Controls for Windows 8
SOFTWARE COMPONENT PRODUCT
Copyright (C) 2013 Perpetuum Software LLC
END-USER LICENSE AGREEMENT FOR PERPETUUM UI CONTROLS FOR WINDOWS 8 SOFTWARE
COMPONENT PRODUCT
IMPORTANT - READ CAREFULLY: This Perpetuum Software LLC End-User License
Agreement ("EULA") is a legal agreement between you, a developer of
software applications ("Developer End User") and Perpetuum Software
LLC (“Vendor”) for Perpetuum UI Controls for Windows 8™ SOFTWARE COMPONENT
PRODUCT, its relevant controls, source code, demos, intermediate files, media,
printed materials, and "online" or electronic documentation
("PRODUCT") contained in the installation file.
By installing, copying, or otherwise using the PRODUCT, the Developer End User
agrees to be bound by the terms of this EULA. The PRODUCT is in "use"
on a computer when it is loaded into temporary memory (i.e. RAM) or installed
into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that
computer. If the Developer End User does not agree to any part of the terms of
this EULA, THE DEVELOPER END USER CAN NOT INSTALL, USE, DISTRIBUTE, OR
REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE PRODUCT, OR USE THIS
PRODUCT FOR ANY OTHER PURPOSES.
The PRODUCT is licensed, not sold.
LICENSE GRANT.
Upon acceptance of this EULA the Vendor grants the Developer End User a
personal, nonexclusive license to install and use the PRODUCT on compatible
devices for the sole purposes of designing, developing, testing, and deploying
application programs the Developer End User creates. If the Developer End User is
an entity, it must designate one individual within its organization to license
the right to use the PRODUCT in the manner provided herein.
The Developer End User may install and use the PRODUCT as permitted by the
license type purchased. The license type purchased is specified in the product
receipt.
EVALUATION LICENSE.
Under the terms of an Evaluation License the Developer End User may install and
use any number of copies of the PRODUCT on unlimited number of computers for
the limited purposes of testing, evaluation and demonstrations ONLY.
This License is granted for a limited period of thirty (30) days after
installation of the evaluation version of the PRODUCT ("Evaluation
Period"). After the Evaluation Period, the Developer End User shall either
(i) delete the PRODUCT and all related documentation from ALL computers onto
which it was installed or copied, or
(ii) contact the Vendor or one of its authorized resellers to purchase the
PRODUCT.
The Developer End User may not distribute ANY of the files provided with the
evaluation version of the PRODUCT to ANY PARTIES.
PRODUCT LICENSING
STANDARD EDITION
Standard Edition of the product is available free of charge. It can be used for the purposes of designing, developing, testing, and deploying software applications the Developer End User creates. One license should be used per developer computer.
PROFESSIONAL EDITION
Professional Edition is a commercial version of the PRODUCT and is licensed as
stated below. The design-time components of the PRODUCT are licensed for each
computer on which they are installed and used. If the Developer End User has to
install design-time components of the PRODUCT on more than one computer
Additional Licenses are required. This licensing is valid within a single
company. If the Developer End User has to order contractors to develop an
application with the use of the PRODUCT the mentioned licensing scheme shall be
applied for each such company. These contractors shall be contractually bound
to the terms of this EULA and may only perform development tasks permitted for
the Developer End User according to this EULA.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale Software.
If the PRODUCT is labeled and provided as "Not for Resale" or
"NFR", then, notwithstanding other sections of this EULA, the
Developer End User may not resell, distribute, or otherwise transfer for value
or benefit in any manner, the PRODUCT or any derivative work using the PRODUCT.
The Developer End User may not transfer, rent, lease, lend, copy, modify,
translate, sublicense, time-share or electronically transmit the PRODUCT, media
or documentation. This also applies to any and all intermediate files, source
code, and compiled executables.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
The Developer End User may not reverse engineer, decompile, create derivative
works, modify, translate, or disassemble the PRODUCT, and only to the extent
that such activity is expressly permitted by applicable law notwithstanding
this limitation. The Developer End User agrees to take all reasonable, legal
and appropriate measures to prohibit the illegal dissemination of the PRODUCT
or any of its constituent parts and redistributables to the fullest extent of
all applicable local, federal and international laws and treaties regarding
anti-circumvention, including but not limited to the Geneva and Berne World
Intellectual Property Organization (WIPO) Diplomatic Conferences.
Separation of Components, their Constituent Parts and Redistributables.
The PRODUCT is licensed as an indivisible unit. The PRODUCT and its constituent
parts and any provided redistributables may not be reverse engineered,
decompiled, disassembled or separated for use on more than one computer, nor
placed for distribution, sale, or resale as individual creations by the
Developer End User. The provision of source code, if included with the PRODUCT,
does not constitute transfer of any legal rights to such code, and resale or
distribution of all or any portion of all source code and intellectual property
will be prosecuted to the fullest extent of all applicable local, federal and
international laws. All PRODUCT libraries, source code, redistributables and
other files remain the Vendor’s exclusive property. The Developer End User may not
distribute any files, except those that the Vendor has expressly designated as
Redistributables.
REDISTRIBUTABLES.
The PRODUCT may include certain files intended for distribution by the
Developer End User to the users of the programs created by him/her –
“Redistributables”. Redistributables include, for example, those files
identified in printed or on-line documentation as redistributable files, those
files preselected for deployment by an install utility provided with the
PRODUCT (if any). In any event, the Redistributables for the PRODUCT are only
those files specifically designated as such by the Vendor. Subject to all of
the terms and conditions in this EULA, the Developer End User may reproduce and
distribute exact copies of the Redistributables, provided that such copies are
made from the original copy of the PRODUCT. Copies of Redistributables may only
be distributed with and for the sole purpose of executing application programs
permitted under this EULA that the Developer End User has created using the
PRODUCT. Under no circumstances may any copies of Redistributables be
distributed separately.
The following file(s) are considered redistributables under this EULA:
PerpetuumSoft.Controls.dll
THE DEVELOPER END USER IS NOT AUTHORIZED TO REDISTRIBUTE ANY OTHER FILE
CONTAINED IN THE PRODUCT.
Rental.
The Developer End User may not rent, lease, or lend the PRODUCT.
Transfer.
The Developer End User may NOT permanently or temporarily transfer ANY of
his/her rights under this EULA to any individual or entity. Regardless of any
modifications which the Developer End User makes and regardless of how the
Developer End User might compile, link, and/or package his/her programs, under
no circumstances may the libraries, redistributables, and/or other files of the
PRODUCT (including any portions thereof) be used for developing programs by
anyone other than the Developer End User. Only the Developer End User has the
right to use the libraries, redistributables, or other files of the PRODUCT (or
any portions thereof) for developing programs created with the PRODUCT. In
particular, the Developer End User may not share copies of the Redistributables
with other co-developers. The Developer End User may not reproduce or
distribute any PRODUCT documentation without the Vendor explicit permission.
Additional Restrictions.
Distribution by the Developer End User of any design-time tools (EXE's, OCX's
or DLL's), executables, and source code distributed by the Vendor as part of
this PRODUCT and not explicitly identified as a redistributable file is
strictly prohibited. Redistribution by the Developer End User’s users of the
Vendor DLL's and OCX's or PRODUCT redistributable files modified by the
Developer End User without an appropriate redistribution license obtained from
the Vendor is strictly prohibited.
The Developer End User may NOT distribute the PRODUCT, in any format, to other
users for development or application compilation purposes. Specifically, if
Developer End User creates a control using the PRODUCT as a constituent
control, Developer End User may NOT distribute the control created with the
PRODUCT (in any format) to users to be used at design time and or for ANY
development purposes.
THE DEVELOPER END USER MAY NOT USE THE PRODUCT TO CREATE ANY TOOL OR PRODUCT THAT
DIRECTLY OR INDIRECTLY COMPETES WITH THE PRODUCT.
SUBSCRIPTION.
Purchasing Professional Edition for the PRODUCT authorizes the Developer End User to get free updates, upgrades and new versions of the PRODUCT during one-year term of the subscription. After the subscription expiration the Developer End User is entitled to use the license (s) with the product versions released before the subscription expiration date without any limitations, however the Developer End User is not entitled to get free upgrades, updates and new versions of the PRODUCT released after the subscription expiration date. The Developer End User has the right to renew the subscription service for a successive one-year period, thereby to accrue the right to get free updates, upgrades and new product versions released within the subscription period.
IF THE DEVELOPER END USER IS USING THE EVALUATION VERSION OF THE PRODUCT OR THE
STANDARD EDITION OF THE PRODUCT, THE VENDOR WILL NOT PROVIDE THE DEVELOPER END
USER WITH UPDATES, UPGRADES, FIXES AND TECHNICAL SUPPORT RELATED TO THE
PRODUCT.
COPYRIGHT.
All title and copyrights in and to the PRODUCT (including but not limited to
any images, demos, source code, intermediate files, packages, photographs,
redistributables, animations, video, audio, music, text, and
"applets" incorporated into the PRODUCT, the accompanying printed
materials, and any copies of the PRODUCT) are owned by the Vendor. The PRODUCT
is protected by copyright laws and international treaty provisions. Therefore, the
Developer End User must treat the PRODUCT like any other copyrighted material
except that the Developer End User may install the PRODUCT on a single computer
provided that he/she keeps the original solely for backup or archival purposes.
The Developer End User may not copy the printed materials accompanying the
PRODUCT.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS.
If the licensed right of use for this PRODUCT is purchased by the Developer End
User with any intent to reverse engineer, decompile, create derivative works,
and the exploitation or unauthorized transfer of any intellectual property and
trade secrets of the Vendor, to include any exposed methods or source code
where provided, no licensed right of use shall exist, and any product created
as a result shall be judged illegal by definition of all applicable laws. Any
sale or resale of intellectual property or created derivatives so obtained will
be prosecuted to the fullest extent of all local, federal and international
laws.
Installation and Use.
The license granted in this EULA for the Developer End User to create his/her
own compiled programs and to distribute such programs and the Redistributables
(if any), is subject to all of the following conditions:
(i) the programs by the Developer End User that contain the PRODUCT must be
written using a licensed, registered copy of the PRODUCT;
(ii) the programs by the Developer End User must add primary and substantial
functionality, and may not be merely a set or subset of any of the libraries,
code, Redistributables or other files of the PRODUCT;
(iii) the Developer End User may not remove or alter any Vendor’s copyright,
trademark or other proprietary rights notices contained in any portion of the
Vendor’s libraries, source code, Redistributables or other files that bear such
a notice;
(iv) all copies of the programs the Developer End User creates must bear a
valid copyright notice, either his/her own or the Vendor’s copyright notice
that appears on the PRODUCT;
(v) the Developer End User may not use the Vendor’s or any of its suppliers'
names, logos, or trademarks to market his/her programs;
(vi) the Developer End User will remain solely responsible to anyone receiving
his/her programs for support, service, upgrades, or technical or other
assistance, and such recipients will have no right to contact the Vendor for
such services or assistance;
(vii) the Developer End User will indemnify and hold the Vendor, its related
companies and its suppliers, harmless from and against any claims or
liabilities arising out of the use, reproduction or distribution of his/her
programs.
WARRANTY
The Vendor represents and warrants that:
(i) The Vendor has all rights, authorizations or licenses to provide the PRODUCT to the Developer End User;
(ii) The Vendor will use its best efforts to prevent the PRODUCT from being infected with any "worms", "viruses", "Trojan horses" or other programs or programming devices that might be used to modify, delete, damage, deactivate or disable the software, computer hardware or data of the Developer End User;
(iii) The PRODUCT does not include any “open source” code as defined by the Open Source Foundation nor operate in such a way that it is compiled with or linked to open source code, without the Developer End User prior review and approval of the applicable license agreement.
LIMITATION ON AND EXCLUSION OF DAMAGES.
THE DEVELOPER END USER CAN RECOVER FROM THE VENDOR ONLY DIRECT DAMAGES UP TO THE AMOUNT THE DEVELOPER END USER PAID FOR THE SOFTWARE. THE DEVELOPER END USER CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR ANY OTHER DAMAGES.
This limitation applies to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate the Developer End User for any losses; or the Vendor knew or should have known about the possibility of the damages.
DISCLAIMER.
EXCEPT AS OTHERWISE DEFINED HEREIN, THE VENDOR EXPRESSLY DISCLAIMS ANY WARRANTY
FOR THE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE PRODUCT REMAINS WITH THE DEVELOPER END USER.
NO LIABILITIES.
To the maximum extent permitted by applicable law, in no event shall the Vendor
be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use the PRODUCT or
the provision of or failure to provide Support Services, even if the Vendor has
been advised of the possibility of such damages.
SUPPORT SERVICES.
The Vendor will provide the Developer End User with free support services
related to the Professional Edition of the PRODUCT ("Support
Services") for one year since the purchase date. Use of Support Services
is governed by the Vendor’s policies and programs described in the user manual,
in "on line" documentation and/or other Vendor provided materials.
Any supplemental PRODUCT provided to the Developer End User as part of the
Support Services shall be considered part of the PRODUCT and subject to the
terms and conditions of this EULA. With respect to technical information the
Developer End User provides to the Vendor as part of the Support Services, The
Vendor may use such information for its business purposes, including for
PRODUCT support and development. The Vendor will not utilize such technical
information in a form that personally identifies the Developer End User.
SUPPORT SERVICES ARE NOT PROVIDED IN RESPECT TO THE STANDARD EDITION OF THE PRODUCT.
Termination.
Without prejudice to any other rights or remedies, the Vendor will terminate
this EULA upon the failure of the Developer End User to comply with all the
terms and conditions of this EULA. In such events, the Developer End User must
destroy all copies of the PRODUCT and all of its component parts including any
related documentation, and must immediately remove ANY and ALL use of the
technology contained in the PRODUCT from any applications developed by the
Developer End User, whether in native, altered or compiled state.
GENERAL PROVISIONS.
This EULA may only be modified in writing signed by you and an authorized
officer of the Vendor. If any provision of this EULA is found void or
unenforceable, the remainder will remain valid and enforceable according to its
terms. If any remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in
the Limited Warranty shall remain in effect.
The Vendor reserves all rights not specifically granted in this EULA.
The Vendor reserves the right to make changes in this EULA at any moment by
publishing the appropriate alterations on http://www.perpetuumsoft.com 20
calendar days prior to the moment these alternations take effect.
ACKNOWLEDGEMENT.
THE DEVELOPER END USER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS
AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. THE DEVELOPER END USER FURTHER
AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN THE DEVELOPER END USER AND THE VENDOR, AND SUPERCEDES ANY
PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
RELATING TO THE SUBJECT MATER OF THIS AGREEMENT.
Last modified on May 15, 2013.