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3 <title>End-User License Agreement (EULA)</title>
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12<h2>END-USER LICENSE AGREEMENT FOR ACTIPRO SOFTWARE LLC SOFTWARE</h2>
13
14<hr><b>
15IMPORTANT - READ CAREFULLY: This Actipro Software LLC ("Actipro") End-User License Agreement ("EULA")
16is a legal agreement between you (�Licensee�), a developer of software applications, and Actipro for the Actipro software product
17accompanying this EULA, which includes computer software and may include associated source code, media, printed materials,
18and "on-line" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT,
19you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, use, distribute
20in any manner, or replicate in any manner, any part, file or portion of the SOFTWARE PRODUCT.
21</b><hr>
22
23<p>
24The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
25</p>
26
27<p>
28The Licensee is considered to be an authorized licensee (�Authorized�) if the Licensee has legitimately obtained a registered license for the SOFTWARE PRODUCT from Actipro or an authorized Actipro reseller.
29</p>
30
31<p>
32<b>RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS.</b>
33If the licensed right of use for this SOFTWARE PRODUCT is purchased by the Licensee with any intent to reverse engineer,
34decompile, create derivative works, and the exploitation or unauthorized transfer of, any Actipro intellectual property and
35trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any products
36created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or
37created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
38</p>
39
40<p>
41<b>GRANT OF LICENSE.</b> This EULA, if legally executed as defined herein, licenses and so grants the Licensee the following rights:
42</p>
43
44<p>
45<b>Evaluation.</b> If the downloaded SOFTWARE PRODUCT is designated as an Evaluation Release (�Evaluation Release�),
46the Licensee is granted a license for a period of only fifteen (15) days after installation of the Evaluation Release
47of the SOFTWARE PRODUCT ("Evaluation Period"). After the Evaluation Period, the Licensee must either:
48<ol>
49<li>Delete the SOFTWARE PRODUCT and all related files from ALL computers onto which it was installed or copied, or</li>
50<li>Contact Actipro or one of its authorized resellers to purchase the SOFTWARE PRODUCT.</li>
51</ol>
52</p>
53
54<p>
55The Licensee may use the Evaluation Release of the SOFTWARE PRODUCT for evaluation purposes only.
56The Licensee may not distribute ANY of the files, in any form or manner, provided with the Evaluation Release of the
57SOFTWARE PRODUCT to ANY PARTIES.
58</p>
59
60<p>
61<b>Development.</b> Actipro grants the Licensee the non-exclusive license to install and use multiple copies of the
62SOFTWARE PRODUCT or any prior version for the sole purpose of developing any number of end user applications that
63operate in conjunction with the SOFTWARE PRODUCT. If the Licensee is not Authorized, the Licensee may not use the
64SOFTWARE PRODUCT beyond the Evaluation Period.
65</p>
66
67<p>
68If the Licensee has purchased a single developer license (�Single Developer License�), the Licensee is Authorized
69to use the SOFTWARE PRODUCT indefinitely beyond the Evaluation Period. A Single Developer License for the SOFTWARE PRODUCT
70may not be shared or used concurrently by more than one individual developer. In a project that uses the SOFTWARE PRODUCT,
71each individual developer on the project requires a separate Single Developer License, regardless of whether they directly
72use the component or not. Single Developer Licenses may also be obtained in team discount packs.
73</p>
74
75<p>
76If the Licensee has purchased a site license (�Site License�), each of the developers at a single physical location is
77considered Authorized according to the terms and conditions of the Single Developer License. Each additional physical
78location requires an additional Site License to be considered Authorized.
79</p>
80
81<p>
82If the Licensee has purchased an enterprise license (�Enterprise License�), all developers in the Licensee's organization,
83regardless of location, are considered Authorized according to the terms and conditions of the Single Developer License.
84</p>
85
86<p>
87If the Licensee has purchased a blueprint license (�Blueprint License�), each of the Authorized developers for the SOFTWARE PRODUCT is
88considered Authorized to access source code for the SOFTWARE PRODUCT ("Source Code").
89The Blueprint License must be purchased at the same time as a Site License or Enterprise License.
90Source Code may exclude Actipro proprietary licensing code.
91The sale of Blueprint Licenses is considered final and neither the SOFTWARE PRODUCT nor Source Code may be returned under any circumstances.
92</p>
93
94<p>
95<b>Duplication and Distribution.</b> The SOFTWARE PRODUCT may include certain files ("Redistributables") intended for distribution
96by the Licensee to the users of programs the Licensee creates. Redistributables include, for example, those files identified in
97printed or electronic documentation as redistributable files, or those files pre-selected for deployment by an install utility
98provided with the SOFTWARE PRODUCT (if any). In any event, the Redistributables for the SOFTWARE PRODUCT are only those files
99specifically designated as such by Actipro.
100</p>
101
102<p>
103Subject to all of the terms and conditions in this EULA, if the Licensee is Authorized, Actipro grants the Licensee the non-exclusive,
104royalty-free license to duplicate the Redistributables and to distribute them solely in conjunction with software products
105developed by the Licensee that use them. The Licensee may not supply any means by which end users could incorporate the
106SOFTWARE PRODUCT or portions thereof into their own products.
107</p>
108
109<p>
110<b>Source Code.</b> If the Licensee has purchased a Blueprint License and is Authorized, the Licensee is provided Source Code
111for the SOFTWARE PRODUCT. The following stipulations and restrictions apply to Source Code:
112<ol>
113<li>Source Code shall be considered as part the SOFTWARE PRODUCT and all requirements stated above still apply,
114 meaning that developers at a separate site from the one which purchased the Blueprint License are NOT able to work on
115 any project created that uses the Source Code, unless that site has also purchased a Blueprint License.
116 The only exception is when an Enterprise License has been purchased along with the Blueprint License,
117 in which case the Source Code may be used by developers at any site.</li>
118<li>Actipro grants the Licensee the non-exclusive license to view and modify the Source Code for the sole purposes of education and troubleshooting.
119 If the Licensee troubleshoots the Source Code, the Licensee may compile the corrected source code and use and distribute the
120 resulting object code solely as a replacement for the corresponding Redistributables the Source Code compiles into.</li>
121<li>The Licensee may NOT distribute or sell the Source Code, or portions or modifications or derivative works thereof, to any third party
122 not Authorized by the Licensee�s Blueprint License(s), without explicit permission by Actipro.</li>
123<li>The Licensee may not compete against Actipro by repackaging, recompiling, or renaming the SOFTWARE PRODUCT for which the
124 Licensee purchased Source Code. Any derivative works based on the Source Code are illegal to be created or sold if they compete
125 in any way with the SOFTWARE PRODUCT or other Actipro products.</li>
126<li>Any object code that is created by using the Source Code or derivative code based on the Source Code must be obfuscated.</li>
127<li>Any object code that is created by using the Source Code or derivative code based on the Source Code may NOT bear "ActiproSoftware"
128 or the name of the SOFTWARE PRODUCT in the object code assembly name.</li>
129<li>All Source Code must be kept in its proper "ActiproSoftware" namespace.</li>
130<li>Actipro shall retain all rights, title and interest in and to all corrections, modifications and derivative works of the Source Code
131 created by the Licensee, including all copyrights subsisting therein, to the extent such corrections, modifications or
132 derivative works contain copyrightable code or expression derived from the Source Code.</li>
133<li>The Licensee acknowledges that the Source Code contains valuable and proprietary trade secrets of Actipro, and agrees to expend
134 every effort to insure its confidentiality.</li>
135<li>Source Code may be obtained by coordinating with Actipro during the support period for the Blueprint License, typically one year
136 in duration, starting on the date of purchase of the Blueprint License.</li>
137</ol>
138</p>
139
140<p>
141<b>Storage/Network Use.</b> The Licensee may also store or install a copy of the SOFTWARE PRODUCT on a storage device,
142such as a network server, used only to install or run the SOFTWARE PRODUCT on the the Licensee�s other computers over an internal network;
143however, the Licensee must acquire and dedicate a Single Developer License for each separate individual developer who wishes to use
144the SOFTWARE PRODUCT.
145</p>
146
147<p>
148<b>DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.</b>
149</p>
150
151<p>
152<b>Not for Resale Software.</b> If the SOFTWARE PRODUCT is labeled and provided as "Not for Resale" or "NFR", then, notwithstanding
153other sections of this EULA, the Licensee may not resell, distribute, or otherwise transfer for value or benefit in any manner,
154the SOFTWARE PRODUCT or any derivative work using the SOFTWARE PRODUCT. The Licensee may not transfer, rent, lease, lend, copy,
155modify, translate, sublicense, time-share or electronically transmit the SOFTWARE PRODUCT, media or documentation.
156This also applies to any and all intermediate files, source code, and compiled executables.
157</p>
158
159<p>
160<b>Limitations on Reverse Engineering, Decompilation, and Disassembly.</b> The Licensee may not reverse engineer, decompile,
161create derivative works, modify, translate, or disassemble the SOFTWARE PRODUCT, and only to the extent that such activity is
162expressly permitted by applicable law notwithstanding this limitation. The Licensee agrees to take all reasonable, legal and
163appropriate measures to prohibit the illegal dissemination of the SOFTWARE PRODUCT or any of its constituent parts and redistributables
164to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including
165but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
166</p>
167
168<p>
169<b>Rental.</b> The Licensee may not rent, lease, or lend the SOFTWARE PRODUCT.
170</p>
171
172<p>
173<b>Separation of Components, Their Constituent Parts and Redistributables.</b> The SOFTWARE PRODUCT is licensed as a single product.
174The SOFTWARE PRODUCT and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled,
175nor placed for distribution, sale, or resale as individual creations by the Licensee or any individual not expressly given
176such permission by Actipro. The provision of Source Code, if included with the SOFTWARE PRODUCT, does not constitute transfer of any
177legal rights to such code, and resale or distribution of all or any portion of all Source Code and intellectual property will be prosecuted
178to the fullest extent of all applicable local, federal and international laws. All Actipro libraries, Source Code, Redistributables and
179other files remain Actipro's exclusive property. The Licensee may not distribute any files, except those that Actipro has expressly
180designated as Redistributable.
181</p>
182
183<p>
184<b>Installation and Use.</b> The license granted in this EULA for the Licensee to create his/her own compiled programs and distribute
185the Licensee�s programs and the Redistributables (if any), is subject to all of the following conditions:
186<ol>
187<li>All copies of the programs the Licensee creates must bear a valid copyright notice, either their own or the Actipro copyright
188 notice that appears on the SOFTWARE PRODUCT.</li>
189<li>The Licensee may not remove or alter any Actipro copyright, trademark or other proprietary rights notice contained in any portion
190 of Actipro libraries, source code, Redistributables or other files that bear such a notice.</li>
191<li>Actipro provides no warranty at all to any person, and the Licensee will remain solely responsible to anyone receiving the
192 Licensee�s programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right
193 to contact Actipro for such services or assistance.</li>
194<li>The Licensee will indemnify and hold Actipro, its related companies and its suppliers, harmless from and against any claims or
195 liabilities arising out of the use, reproduction or distribution of the Licensee�s programs.</li>
196<li>The Licensee�s programs containing the SOFTWARE PRODUCT must be written using a licensed, registered copy of the SOFTWARE PRODUCT.</li>
197<li>The Licensee�s programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries,
198 Source Code, Redistributables or other files of the SOFTWARE PRODUCT.</li>
199<li>The Licensee may not use Actipro's or any of its suppliers' names, logos, or trademarks to market the Licensee�s programs,
200 unless expressly given such permission by Actipro.</li>
201</ol>
202</p>
203
204<p>
205<b>Support Services.</b> Actipro may provide the Licensee with support services related to the SOFTWARE PRODUCT ("Support Services").
206Use of Support Services is governed by Actipro policies and programs described in the user manual, in on-line documentation and/or other
207Actipro provided materials. Any supplemental software code provided to the Licensee as part of the Support Services shall be considered
208part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information the Licensee
209provides to Actipro as part of the Support Services, Actipro may use such information for its business purposes, including for product
210support and development.
211</p>
212
213<p>
214<b>Software Transfer.</b> The Licensee may NOT permanently or temporarily transfer ANY of the Licensee�s rights under this EULA to any
215individual or entity. Regardless of any modifications which the Licensee makes and regardless of how the Licensee might compile, link,
216and/or package the Licensee�s programs, under no circumstances may the libraries, redistributables, and/or other files of the
217SOFTWARE PRODUCT (including any portions thereof) be used for developing programs by anyone other than the Licensee. Only the Licensee
218as the licensed end user has the right to use the libraries, redistributables, or other files of the SOFTWARE PRODUCT (or any portions thereof)
219for developing programs created with the SOFTWARE PRODUCT. In particular, the Licensee may not share copies of the Source Code or
220Redistributables with other co-developers.
221</p>
222
223<p>
224<b>Termination.</b> Without prejudice to any other rights or remedies, Actipro will terminate this EULA upon the Licensee�s failure to
225comply with all the terms and conditions of this EULA. In such event, the Licensee must destroy all copies of the SOFTWARE PRODUCT and
226all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any
227applications using technology contained in the SOFTWARE PRODUCT developed by the Licensee, whether in native, altered or compiled state.
228</p>
229
230<p>
231<b>UPGRADES.</b> If the SOFTWARE PRODUCT is labeled as an upgrade, the Licensee must be properly licensed to use the SOFTWARE PRODUCT
232identified by Actipro as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade
233replaces and/or supplements the SOFTWARE PRODUCT that formed the basis for the Licensee�s eligibility for the upgrade, and together
234constitute a single SOFTWARE PRODUCT. The Licensee may use the resulting upgraded SOFTWARE PRODUCT only in accordance with all the
235terms of this EULA.
236</p>
237
238<p>
239<b>COPYRIGHT.</b> All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, demos, source code,
240intermediate files, packages, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT),
241the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Actipro or its subsidiaries.
242The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, the Licensee must treat the
243SOFTWARE PRODUCT like any other copyrighted material except that the Licensee may install the SOFTWARE PRODUCT for use by the Licensee.
244The Licensee may not copy any printed materials accompanying the SOFTWARE PRODUCT.
245</p>
246
247<p>
248<b>GENERAL PROVISIONS.</b> This EULA may only be modified in writing signed by the Licensee and an authorized officer of Actipro.
249If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
250</p>
251
252<p>
253<b>MISCELLANEOUS.</b> If the Licensee acquired this product in the United States, this EULA is governed by the laws of the State of Ohio.
254</p>
255
256<p>
257If this SOFTWARE PRODUCT was acquired outside the United States, then the Licensee, agrees and ascends to the adherence to all
258applicable international treaties regarding copyright and intellectual property rights which shall also apply.
259In addition, the Licensee agrees that any local law(s) to the benefit and protection of Actipro ownership of, and interest in,
260its intellectual property and right of recovery for damages thereto will also apply.
261</p>
262
263<p>
264Should you have any questions concerning this EULA, or if you desire to contact Actipro for any reason, please contact us via our
265support web pages at <a href="http://www.actiprosoftware.com">http://www.actiprosoftware.com</a>.
266</p>
267
268<p><b>
269NO WARRANTIES. ACTIPRO EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED
270"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
271FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH THE LICENSEE.
272</b></p>
273
274<p><b>
275LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACTIPRO OR ITS SUPPLIERS BE LIABLE
276FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
277BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
278INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ACTIPRO HAS BEEN ADVISED OF
279THE POSSIBILITY OF SUCH DAMAGES.
280</b></p>
281
282<p>
283Copyright (c) 2002-2007 Actipro Software LLC. All rights reserved.
284</p>
285
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