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XD++™
Library Evaluation License
END-USER LICENSE AGREEMENT FOR XD++™ EVALUATION
IMPORTANT - READ CAREFULLY. This XD++™ End-User License Agreement (“EULA”) is a legal AGREEMENT
between you and UCanCode.Net Software® for the XD++™ software product
identified above, which product includes computer software and may include
associated media, printed materials, and “online” or electronic
documentation (“SOFTWARE PRODUCT”). 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, then DO NOT install
or use the SOFTWARE PRODUCT.
Software Product License
TERMS
AND CONDITIONS of an AGREEMENT by and between UCanCode.Net Software® and
you (either an individual or an entity) . By installing this software
package, or exercising your rights to make and use copies of the Software
(as may be provided for below), you agree to be bound by the terms of this
UCanCode.Net Software® License Agreement. If you do not agree to the terms
of this Agreement, do not install this SOFTWARE PRODUCT.
The
enclosed software, including, but not limited to, one or more of the
following: source code, object code, dynamic link libraries, static
libraries, header files, sample programs, utility programs, make files and
scripts, together with the accompanying documentation (collectively known
as the "Software") is owned by UCanCode.Net Software® or its suppliers and
is protected by copyright laws and international treaties. Therefore, you
must treat the Software like any copyrighted material (e.g., a book or
musical recording) except that you may make either
(a) one
backup copy of the Software solely for backup purposes, or
(b)
transfer the Software to a hard disk and keep the original copy solely for
backup purposes.
UCANCODE.NET SOFTWARE® GRANTS TO YOU THE LIMITED RIGHT TO USE THE SOFTWARE
IN THE MANNER SET FORTH IN THIS AGREEMENT.
Subject To The Restrictions Contained In This Agreement You May
(i) Use
the SOFTWARE PRODUCT for a period of thirty (30) days from the date you
receive the software (the "Term"). You are granted a non-exclusive and
non-transferable license to install and internally use the SOFTWARE
PRODUCT for beta testing and evaluation purposes only. At the end of the
Term, you must immediately cease use of and destroy the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT may contain a mechanism which
(a)
disables the SOFTWARE PRODUCT at the end of the Term and/or
(b)
advises the end user that the license has expired and/or
(c)
advises the end user that your application is using evaluation software.
(ii)
use and modify the source code version of those portions of the Software
that are identified in the documentation as the Sample Code ("SAMPLE
CODE"), provided you do not distribute the SAMPLE CODE, or any modified
version of the SAMPLE CODE, in source code form.
Notwithstanding Any Provisions In This Agreement To The Contrary, You May
Not
(i)
Distribute in any manner any of the header files, source code, SAMPLE
CODE, make files, object modules or independent static libraries of the
Software;
(ii)
use, copy, modify, merge or compile all or any portion of the source code
or object code of the Software except as expressly provided in this
agreement.
(iii)
modify the dynamic link libraries and statically linked libraries and
incorporate the modified dynamic link libraries and statically linked
libraries into software application products that you develop;
(iv)
make and distribute copies of the dynamic link libraries and statically
linked libraries of the Software as incorporated into software application
products that you develop
(v)
make telecommunication transmittal of the Software;
(vi)
distribute any portion of the Software or any derivative of any portion of
the Software in a software development product or otherwise in competition
with UCanCode.Net Software's distribution of the Software;
(vii)
decompile, disassemble or reverse engineer any object code form of any
portion of the Software;
(viii)
expose the interfaces of the Software through your application (e.g. an
OCX, DLL, class library, etc..);
(ix)
rent or lease the Software;
(x)
disclose any source codes of the Software to any person or entity;
(xi)
port the Software to any computer Operating System other than: Windows NT,
Windows 95, Windows 98, Windows ME, Windows 2000 or Windows XP.
THE
SOURCE CODES OF THE SOFTWARE ARE VALUABLE ASSETS OF UCANCODE.NET
SOFTWARE®. YOU AGREE TO KEEP ALL SOURCE CODES OF THE SOFTWARE IN
CONFIDENCE. YOU MAY NOT TRANSFER OR ASSIGN THE SOFTWARE OR YOUR RIGHTS
UNDER THIS AGREEMENT.
Limited Warranty
THE
SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR
USE) ARE PROVIDED "AS IS". UCANCODE.NET SOFTWARE® DOES NOT WARRANT,
GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF
USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, CURRENT, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK
AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
UCanCode.Net Software® does not warrant that the Software will meet your
requirements, that operation of the Software will be uninterrupted or
error-free, or that all Software errors will be corrected. UCanCode.Net
Software® is not responsible for problems caused by changes in the
operating characteristics of computer hardware or computer operating
systems which are made after the release of the Software nor for problems
in the interaction of the Software with non-UCanCode.Net Software®.
UCanCode.Net Software® will have no responsibility to replace or refund
the license fee for media damaged by accident, abuse or misapplication.
THIS
SOFTWARE IS INTENDED FOR COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL USERS.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UCANCODE.NET SOFTWARE®, ITS
EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE
ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. NEITHER UCANCODE.NET
SOFTWARE® NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS LOSSES, BUSINESS INTERRUPTION, LOSS OF DATA,
AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR
ANY OTHER CLAIM BY ANY PARTY EVEN IF UCANCODE.NET SOFTWARE® HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT UCANCODE.NET
SOFTWARE® IS LIABLE FOR ANY DAMAGES, UCANCODE.NET SOFTWARE'S LIABILITY FOR
DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE UNDER THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
UCanCode.Net Software®
http://www.ucancode.net
Copyright?1999-2006
UCanCode.Net Software®
UCanCode.Net Software®
All rights reserved.
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