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TeeChart Pro for .NET (Native
C#.NET version) |
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END-USER LICENSE AGREEMENT FOR
STEEMA SOFTWARE SL
IMPORTANT- READ CAREFULLY BEFORE INSTALLING THE
SOFTWARE.
This End User License Agreement (this "EULA") contains
the terms and conditions regarding your use of the
SOFTWARE (as defined below) and material limitations to
your rights in that regard. You should read this EULA
carefully.
By installing the TeeChart for .NET version 2009
software (hereinafter the "SOFTWARE"), you are accepting
the following EULA.
I. THIS EULA.
1. Software Covered by this EULA.
This EULA governs your use of the Steema Software SL ("Steema")
SOFTWARE enclosed either as part of a SOFTWARE installer
or otherwise accompanied herewith. The term "SOFTWARE"
includes, to the extent provided by Steema: 1) any
revisions, updates and/or upgrades thereto; 2) any data,
image or executable files, databases, data engines,
computer software, or similar items customarily used or
distributed with computer software products; 3) anything
in any form whatsoever intended to be used with or in
conjunction with the SOFTWARE; and 4) any associated
media, documentation (including physical, electronic and
online) and printed materials (the "Documentation").
2. This EULA is a legal agreement between you and Steema.
If you are acting as an agent of a company or another
legal person, such as an officer or other employee
acting for your employer, then "you" and "your" mean
your principal, the entity or other legal person for
whom you are acting. However, importantly, even if you
are acting as an agent for another, you may still be
personally liable for violation of laws such as
copyright infringement.
This EULA is a legal agreement between you and Steema.
You intend to be legally bound to this EULA to the same
extent as if Steema and you physically signed this EULA.
By installing, copying, or otherwise using the SOFTWARE,
you agree to be bound by the terms and conditions
contained in this EULA. If you do not agree to all of
the terms and conditions contained in this EULA, you may
not install or use the SOFTWARE. If you have already
installed or begun to install the SOFTWARE you should
cancel any install in progress and uninstall the
SOFTWARE. If you do not agree to all of these terms and
conditions, then you must promptly return the
uninstalled SOFTWARE to the place from which you
purchased it in accordance with the return policies of
that place.
II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.
Detailed below, this EULA grants you three licenses: 1)
a license to use the SOFTWARE to develop other software
products (the "Development License"); 2) a license to
use and/or distribute the Developed Software (the "Distribution
License"); and 3) a license to use and/or distribute the
Developed Software on a Network Server (the "Web Server
License"). All of these licenses (individually and
collectively, the "Licenses") are explained and defined
in more detail below.
1. Definitions. Terms and their respective meanings as
used in this EULA:
"Developer" means a person using the SOFTWARE in
accordance with the terms and conditions of this EULA.
"Network Server" means a computer with one or more
computer central processing units (CPU's) that operates
for the purpose of serving other computers logically or
physically connected to it, including, but not limited
to, other computers connected to it on an internal
network, intranet or the Internet. "Web Server" means a
type of Network Server that serves other computers more
particularly connected to it over an intranet or the
Internet.
"Developed Software" means those computer software
products that are developed by or through the use of the
SOFTWARE. "Developed Web Server Software" means those
Developed Software products that reside logically or
physically on at least one Web Server and are operated (executed
therein) by the Web Server's central processing unit(s)
(CPU). "Developed Desktop Software" means those
Developed Software products that are not Developed Web
Server Software, including, for example, standalone
applications. "Redistributable Files" means the SOFTWARE
files or other portions of the SOFTWARE that are
provided by Steema and are identified as such in the
Documentation for distribution by you with the Developed
Software. "Developer" means a person using the SOFTWARE
in accordance with the terms and conditions of this EULA.
"Seat" is a computer on which the SOFTWARE is installed.
"Developer seat" is the use of one "Per seat" licensed
copies of the SOFTWARE by one concurrent Developer.
"Development License" defines the right to use the
SOFTWARE for development purposes. Every machine
installing, running and/or using the SOFTWARE for
development purposes must have a licensed copy and its
appropriate license.
"Subscription period" is the period during which an
active subscription agreement exists as confirmed in
writing by Steema, usually at the moment of subscription
purchase.
2. Your Development License.
You are hereby granted a limited, royalty-free,
non-exclusive right to use the SOFTWARE to design,
develop, and test Developed Software, on the express
condition that, and only for so long as, you fully
comply with all terms and conditions of this EULA.
The SOFTWARE is licensed to you on a Per Seat License
basis.
The Development License means that one Developer may
install two seats not to be used concurrently,
performing a maximum of two installs of the SOFTWARE for
use in designing, testing and creating Developed
Software on two single computers with a single set of
input devices, restricting the use of the SOFTWARE to a
maximum of one concurrent seat. Conversely, you may not
install or use the SOFTWARE on a computer that is a
network server or a computer at which the SOFTWARE is
used by more than one Developer. You may not network the
SOFTWARE or any component part of it, where it is or may
be used by more than one Developer unless you purchase
an additional Development License for each Developer.
You must purchase another separate license to the
SOFTWARE in order to add additional developer seats if
the additional developers are accessing the SOFTWARE on
a computer network. If the SOFTWARE is used to create
Developed Web Server Software, then you may perform a
single install of the SOFTWARE for use in designing,
testing and creating Developed Web Server Software by a
single Developer on a single computer or Network Server.
No additional End User Licenses are required for
additional CPUs on the single computer or Network
Server.
In all cases, you may not use Steema's name, logo, or
trademarks to market your Developed Software without the
express written consent of Steema; agree to indemnify,
hold harmless, and defend Steema, its suppliers and
resellers, from and against any claims or lawsuits,
including lawyer's fees that may arise from the use or
distribution of your Developed Software; you may use the
SOFTWARE only to create Developed Software that is
significantly different than the SOFTWARE.
3. Your Distribution License.
License to Distribute Developed Desktop Software.
Subject to the terms and conditions in this EULA, you
are granted the license to use and to distribute
Developed Desktop Software on a royalty-free basis,
provided that the Developed Desktop Software
incorporates the SOFTWARE as an integral part of the
Developed Software in machine language compiled format
(customarily an ".exe", or ".dll", etc.). You may not
distribute, bundle, wrap or subclass the SOFTWARE as
Developed Software which, when used in a "designtime"
development environment, exposes the programmatic
interface of the SOFTWARE. You may distribute, on a
royalty-free basis, Redistributable Files with Developed
Desktop Software only.
4. Your Web Server License.
Subject to the terms and conditions in this EULA, you
are granted the license to use and to distribute
Developed Web Server Software, provided that you must
purchase one Web Server License for each Network Server
operating the Developed Web Server Software (and/or
Redistributable Files called or otherwise used directly
by the Developed Web Server Software). Notwithstanding
the foregoing, however, you may distribute or transfer,
free of royalties, the Redistributable Files (and/or any
Developed Desktop Software) to the extent that they are
used separately on the client/workstation side of the
network served by the Web Server.
5. License Serial Number.
Upon purchase of the SOFTWARE a unique serial number
(the "Serial Number") is provided by Steema either
electronically or via the delivery channel. The Serial
number provides a means to install and Register the
SOFTWARE. The Serial Number is subject to the
restrictions set forth in this EULA and may not be
disclosed or distributed either with your Developed
Software or in any other way. The disclosure or
distribution of the Serial Number shall constitute a
breach of this EULA, the effect of which shall be the
automatic termination and revocation of all the rights
granted herein.
6. Updates/Upgrades.
Subject to the terms and conditions of this EULA, the
Licenses are perpetual. Updates, bug fixes and upgrades
to the SOFTWARE may be provided by Steema at their
discretion at timely intervals only during the
Subscription period though Steema does not commit to
providing such updates or upgrades, and, if so provided
by Steema, are provided upon the terms and conditions
offered at that time by Steema.
7. Evaluation or Beta Copy.
If you are using an "evaluation copy", "Beta" copy or
similar version, specifically designated as such by
Steema on its website or otherwise, then the Licenses
are limited as follows: a) you are granted a license to
use the SOFTWARE for a period of fifty (50) days counted
from the day of installation (the "Evaluation Period");
b) upon completion of the Evaluation Period, you shall
either i) delete the SOFTWARE from the computer
containing the installation, or you may ii) contact
Steema or one of its authorized dealers to purchase a
license of the SOFTWARE, which is subject to the terms
and limitations contained herein; and c) any Developed
Software developed with an evaluation or Beta copy may
not be distributed or used for any commercial purpose.
III. INTELLECTUAL PROPERTY.
1. Copyright.
You agree that all right, title, and interest in and to
the SOFTWARE (including, but not limited to, any images,
photographs, code examples and text incorporated into
the SOFTWARE), and any copies of the SOFTWARE, and any
copyrights and other intellectual properties therein or
related thereto are owned exclusively by Steema, except
to the limited extent that Steema may be the rightful
license holder of certain third-party technologies
incorporated into the SOFTWARE. The SOFTWARE is
protected by copyright laws and international treaty
provisions. The SOFTWARE is licensed to you, not sold to
you. Steema reserves all rights not otherwise expressly
and specifically granted to you in this EULA.
2. Backups.
You may make one copy the SOFTWARE solely for backup or
archival purposes.
3. General Limitations.
You may not reverse engineer, decompile, or disassemble
the SOFTWARE, except and only to the extent that
applicable law expressly permits such activity
notwithstanding this limitation.
4. Software Transfers.
You may not rent or lease the SOFTWARE. You may transfer
the SOFTWARE to another computer, provided that it is
completely removed from the computer from which it was
transferred. You may permanently transfer all of your
rights under the EULA, provided that you retain no
copies, that you transfer all the SOFTWARE (including
all component parts, the media and printed materials,
any dates, upgrades, this EULA and, if applicable, the
Certificate of Authenticity), and that the recipient
agrees to the terms and conditions of this EULA as
provided herein. Steema should be notified in writing of
license transfers where the company of the recipient is
different to that of the original licensee. If the
SOFTWARE is an update or upgrade, any transfer must
include all prior versions of the SOFTWARE.
5. Termination.
Without prejudice to any other rights it may have,
Steema may terminate this EULA and the Licenses if you
fail to comply with the terms and conditions contained
herein. In such an event, you must destroy all copies of
the SOFTWARE and all of its component parts.
IV. DISCLAIMER and WARRANTIES
1. Disclaimer
Steema's entire liability and your exclusive remedy
under this EULA shall be, at Steema's sole option,
either (a) return of the price paid for the SOFTWARE;
(b) repair the SOFTWARE through updates distributed
online. Steema cannot and does not guarantee that any
functions contained in the Software will meet your
requirements, or that its operations will be error free.
The entire risk as to the Software performance or
quality, or both, is solely with the user and not
Steema. You assume responsibility for the selection of
the component to achieve your intended results, and for
the installation, use, and results obtained from the
SOFTWARE.
2. Warranty.
Steema makes no warranty, to the maximum extent
permitted by law, either implied or expressed, including
with-out limitation any warranty with respect to this
Software documented here, its quality, performance, or
fitness for a particular purpose. In no event shall
Steema be liable to you for damages, whether direct or
indirect, incidental, special, or consequential arising
out the use of or any defect in the Software, even if
Steema has been advised of the possibility of such
damages, or for any claim by any other party. All other
warranties of any kind, either express or implied,
including but not limited to the implied warranties of
merchantability and fitness for a particular purpose,
are expressly excluded.
V. MISCELLANEOUS.
1. This is the Entire Agreement.
This EULA (including any addendum or amendment to this
EULA included with the SOFTWARE) is the final, complete
and exclusive statement of the entire agreement between
you and Steema relating to the SOFTWARE. This EULA
supersedes any prior and contemporaneous proposals,
purchase orders, advertisements, and all other
communications in relation to the subject matter of this
EULA, whether oral or written. No terms or conditions,
other than those contained in this EULA, and no other
understanding or agreement which in any way modifies
these terms and conditions, shall be binding upon the
parties unless entered into in writing executed between
the parties, or by other non-oral manner of agreement
whereby the parties objectively and definitively act in
a manner to be bound (such as by continuing with an
installation of the SOFTWARE, "clicking-through" a
questionnaire, etc.) Employees, agents and other
representatives of Steema are not permitted to orally
modify this EULA.
2. You Indemnify Steema.
You agree to indemnify, hold harmless, and defend Steema
and its suppliers and resellers from and against any and
all claims or lawsuits, including attorney's fees, that
arise or result from this EULA.
3. Interpretation of this EULA.
If for any reason a court of competent jurisdiction
finds any provision of this EULA, or any portion
thereof, to be unenforceable, that provision of this
EULA will be enforced to the maximum extent permissible
so as to effect the intent of the parties, and the
remainder of this EULA will continue in full force and
effect. Formatives of defined terms shall have the same
meaning of the defined term. Failure by either party to
enforce any provision of this EULA will not be deemed a
waiver of future enforcement of that or any other
provision. Except as otherwise required or superseded by
law, this EULA is governed by the laws of Spain. If the
SOFTWARE was acquired outside of Spain, then local law
may apply.
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