?? chilkatlicense.txt
字號(hào):
SINGLE USER Software License
PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE
PACKAGE. IF YOU OPEN THIS PACKAGE OR KEEP IT FOR MORE THAN
THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT OPEN THIS SOFTWARE PACKAGE, AND PROMPTLY
RETURN THIS SOFTWARE PACKAGE ALONG WITH DATED PROOF OF
PAYMENT FOR A REFUND. YOU MAY ONLY UNLOCK AND/OR USE THE
SOFTWARE FOR WHICH YOU HAVE A PAID-UP LICENSE AND FOR
WHICH YOU HAVE LEGALLY RECEIVED AN UNLOCK KEY.
(1) DEFINITION OF TERMS
"Documentation": any explanatory written or on-line
material including, but not limited to, user guides, reference
manuals and HTML files.
"Software": all material in this distribution including, but
not limited to, one or more of the following: source code,
object code, byte code, dynamic-link libraries, shared
libraries, static libraries, header files, executables, scripts,
sample programs, utility programs, makefiles and Documentation.
"Licensed Software": the Software for which you have paid
the applicable license fee and received an authorized unlock
key.
"Software Application Programming Interface ("API")": the set
of access methods, whether provided by Chilkat Software, third
parties, or developed by the licensee, through which the
programmatic services provided by the Licensed Software are
made available. The aforementioned access methods may use
technology including, but not limited to, header files, events,
network communications, macro and scripting languages,
component technologies such as COM or JavaBeans, or distributed
technologies such as CORBA, DCOM, or Java RMI.
"Value-Added Interface": a programmatic interface that has
added significant value to the Software Application Programming
Interface and makes use of the Licensed Software in its
implementation, but without exposing any part of the Software
Application Programming Interface through any means either
directly or indirectly.
"User Software Product": an application developed by the
licensee intended for execution on a computer, that makes use
of the Licensed Software in its implementation, but without
exposing any part of the API through any means either directly
or indirectly.
SPECIAL LIMITED TERM EVALUATION LICENSE
If you have been provided with a copy of the Software for
evaluation purposes, Chilkat Software, Inc. ("Chilkat") grants
to you, subject to the terms of this Single User License
Agreement (excluding Section 4, under which you have no rights)
a non-exclusive, non-transferable, non-concurrent limited internal
use license for evaluation purposes only. This license is for a
period of thirty (30) days, commencing upon receipt of the Software,
or, if received electronically, from your initial downloading date,
to evaluate the Software. If the Software is acceptable, you agree
to promptly notify your Chilkat Sales Representative.
Otherwise, you shall immediately cease any further use of the
Software, and return all copies of the Software (including the
original) to Chilkat or destroy all copies of the Software
(including the original) and related Documentation provided to you
by Chilkat and provide Chilkat written confirmation that you have
done so.
(2) GENERAL
The Software is owned by Chilkat Software, Inc. ("Chilkat") and is
protected by U.S. copyright laws and other laws and by international
treaties. It is intended for use by a software programmer who has
experience using development tools and class libraries. The Software
is not intended for use by consumers for household use.
This Chilkat Single User Software License Agreement ("Agreement")
accompanies the Licensed Software. This copy of the Licensed Software
is licensed to you as the end user or to your employer ("Company") for
your exclusive use as an end user. "You" as used in the remainder of
this Agreement shall refer to the individual licensee, whether as an
individual programmer or as a Company. If you do not accept this
Agreement, you may return this package along with dated proof of
purchase to the place you obtained it within thirty (30) days and your
money will be refunded, and you will not be licensed
to unlock or to use the Software.
(3) LICENSE GRANTS
(a) Subject to the terms and conditions of this Agreement , if you
have agreed to pay the applicable license fee for the Licensed Software,
Chilkat grants to you the non-exclusive, non-transferable, non-concurrent
right to use the Software Application Programming Interface on a single
computer by a single individual user. If multiple copies have been
purchased, you may load one copy of the Licensed Software on a server and
permit those individuals (who purchased the Licensed Software or for whom
the Licensed Software was purchased) to access and execute the Licensed
Software. This is not a concurrent user license; the rights granted are not
for any individual(s) up to the number of licenses purchased. The rights
are granted only to the specified individual(s) in your purchase order for
whom the Licensed Software was purchased. You may also:
(i)Make one backup copy of the Licensed Software solely for archival
and disaster-recovery purposes, or
(ii)Transfer the Licensed Software to a hard disk and keep the original
copy solely for archival and disaster-recovery purposes.
(b) You may use the Licensed Software to develop Value-Added Interfaces
and User Software Products only for the single platform (operating system
environment) or platforms for which you have purchased the license.
(c) You may distribute User Software Products including those portions of
the Licensed Software used solely for purposes of supporting execution of
said User Software Product where steps have been taken to ensure that
no parts of the Software Application Programming Interface or any internally
used Value-Added Interfaces (if any) have been exposed directly or
indirectly, and where the license for said User Software Products explicitly
prohibits the use of the User Software Product for software development use.
You have no rights to use the Licensed Software beyond those specifically
granted in this section.
(4) LICENSE RESTRICTIONS
Notwithstanding any provisions in this Agreement to the contrary, you may
not distribute:
(i) any portion of the Software Application Programming Interface,
(ii) any Value-Added Interface,
(iii) any executable delivered with the Licensed Software,
(iv) any portion of the Documentation,
In addition, you may not:
(i) decompile, disassemble, or reverse engineer any object code form
of any portion of the Software,
(ii) export from the United States any portion of the Software without
obtaining the prior written consent of Chilkat and all applicable export
licenses and governmental permits,
(iii) disclose any source code of the Software to any person or entity,
(iv) copy the Documentation, including any Documentation available in
on-line form (except that, with respect to Documentation available only
in on-line form, you may make a single tangible copy solely for use with
the Licensed Software), or
(v) port the Software to any computer Operating System other than: any
version of Windows and Macintosh System 7 without the express written
consent of Chilkat.
(5) TITLE
You acknowledge and agree that all right, title and interest in and to the
Software, including all intellectual property rights therein, are the
property of Chilkat, subject only to the licenses granted to you under this
Agreement. This Agreement is not a sale and does not transfer to you any
title or ownership in or to the Software or any patent, copyright, trade
secret, trade name, trademark or other proprietary or intellectual property
rights related thereto.
(6) NON-TRANSFERABILITY
You may not rent, transfer, assign, sublicense or grant any rights in
the Software, in full or in part, to any other person or entity without
Chilkat抯 written consent.
(7) LIMITED WARRANTIES
Chilkat warrants to you that the Licensed Software will substantially
perform the functions described in the Documentation for a period of
thirty (30) days after the date of delivery of the Licensed Software
to you. Chilkat抯 sole and exclusive obligation, and your sole and
exclusive remedy, under this warranty is limited to Chilkat抯 using
reasonable efforts to correct material, documented, reproducible defects
in the Licensed Software that you describe and document to Chilkat during
the thirty (30) day warranty period. In the event that Chilkat fails to
correct a material, documented, reproducible defect within a reasonable
period, Chilkat may, at Chilkat抯 discretion, replace the defective Licensed
Software or refund to you the amount that you paid Chilkat for the defective
icensed Software and cancel this Agreement and the licenses granted herein.
In such event, you agree to return to Chilkat all copies of the Licensed
Software (including the original).
Chilkat also warrants that the physical media on which the Licensed
Software is delivered to you (unless the Licensed Software is downloaded
electronically by you and no media is supplied by Chilkat) will be free
from defects in manufacturing and workmanship for a period of thirty (30)
days from the date of delivery. Chilkat will, at Chilkat抯 expense,
replace any defective media returned to Chilkat within thirty (30) days
of the date of delivery of the media to you.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, CHILKAT EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
(8) LIMITATION OF LIABILITY
IN NO EVENT SHALL CHILKAT BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER ECONOMIC
ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, EVEN IF CHILKAT WAS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(9) AUDIT
Chilkat may, no more than once during any twelve (12) month period,
unless there is evidence of violation, request you to conduct an internal
audit of your use of the Software, or Chilkat may request an audit by an
independent party, to ensure compliance with the provisions of this
Agreement. Chilkat shall provide you with no less than fifteen (15) days
prior notice of each such audit. If Chilkat requests an independent auditor,
the cost of such audit will be paid by Chilkat, unless said audit shows you
to be in violation of this Agreement.
(10) TERMINATION
Chilkat reserves the right, at its sole discretion, to terminate this
Agreement upon written notice if you have breached the terms and
conditions hereof. You may terminate this Agreement at any time by
ceasing to use the Licensed Software and by returning all copies of
the Licensed Software (including the original) to Chilkat or by destroying
all copies of the Licensed Software (including the original).
Sections 4, 5, 6, 7, 8, 10 and 11 survive any termination of this
either party, this Agreement shall remain in effect.
(11) MISCELLANEOUS
Applicable Law and Jurisdiction. This Agreement will be governed by
and construed in accordance with the laws of the State of Illinois
without regard to conflict of laws principles and without regard to the
1980 U.N. Convention on Contracts for the International Sale of Goods.
The federal and state courts of Illinois shall have exclusive
jurisdiction and venue to adjudicate any dispute arising out of this
Agreement, and you expressly consent to (i) the personal jurisdiction
of the state and federal courts of Illinois, and (ii) service of process
being effected upon you by registered mail.
Limitation of Actions. No action or proceeding against Chilkat, whether
for breach, indemnification, contribution, or otherwise, shall be
commenced more than one year after delivery of the Software, and no
such claim may be brought unless Chilkat has first been given
commercially reasonable notice, a full written explanation of all
pertinent details (including copies of all materials), and a good
faith opportunity to resolve the matter.
Invalidity and Waiver. Should any provision of this Agreement be
held by a court of law to be illegal, invalid, or unenforceable, the
legality, validity, and enforceability of the remaining provisions
of this Agreement will not be affected or impaired thereby. The
failure of any party to enforce any of the terms or conditions of this
Agreement, unless waived in writing, will not constitute a waiver of
that party抯 right to enforce each and every term and condition
of this Agreement.
U.S. Government Restricted Rights. The Licensed Software is provided
with Restricted Rights. Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in subparagraph (c) (1) (ii)
of The Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial
Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Chilkat Software, Inc., 1719 E Forest Ave,
Wheaton, Illinois 60187 USA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU
AND CHILKAT WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR
CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT
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