|
EVALUATION & GPL USE: License Agreement for Java Image Acquisition UI Components
LAB Asprise! (c) 1998-2008
All Rights Reserved.
This License Agreement is a legal agreement between you ("Licensee")
(either an individual or a single entity)
and
LAB Asprise! ("LAB ASPRISE!") for the software product
Java Image Acquisition UI Components which includes computer software and electronic
documentation (collectively the "SOFTWARE").
Read it carefully before completing the installation process
and using the SOFTWARE. If you did not obtain this copy of the SOFTWARE legally,
please destroy the copy immediately.
By installing, copying, or otherwise using the SOFTWARE, you
agree to be bound by the terms of this License Agreement. If you do not agree
to the terms of this License Agreement, LAB ASPRISE! is unwilling to license
the SOFTWARE. In such event, you may not install, copy or otherwise use the
SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT
YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS.
-------------------------
I. GRANT
-------------------------
Subject to the provisions contained herein, LAB ASPRISE! hereby
grants you, Licensee a non-exclusive, non-transferable limited license to install
and use one (1) copy of its proprietary software ("Software"), for
the sole purpose of testing and evaluating whether to purchase an ongoing license
to the Software. Licensee may make one (1) copy of the SOFTWARE solely for backup
or archival purposes, provided that Licensee reproduces and includes all copyright
and other proprietary notice(s) on the copy.
-------------------------
II. DISTRIBUTION
-------------------------
In order to reproduce and distribute any binary/executable
files which have been generated in accordance with this license, Licensee must
be registered with LAB ASPRISE! as an authorized licensee. Licensee may then
distribute binary/executable files containing linked versions of the components.
Any binary/executable files generated for the sole purpose of personal use and/or
open source software development under GPL do not require authorized license
from LAB Asprise!. Distribution of the software components as part of other
component libraries is strictly prohibited under any and all circumstances.
Licensee may not reproduce or distribute copies of the individual software components,
source code, any of the documentation, nor may Licensee supply any means by
which your users could create or modify any SOFTWARE related files or installation.
Violations will be prosecuted to the maximum extent possible under law.
-------------------------
III. RESTRICTIONS
-------------------------
Licensee may NOT:
(a) Decompile, reverse engineer, disassemble or otherwise
reduce the SOFTWARE to a human perceivable form.
(b) unlock or bypass any "copy-protection" or authentication
algorithm utilized by the program
(c) Rent, lease, lend, transfer or otherwise transfer rights
to the SOFTWARE.
(d) Translate, adapts, modify the SOFTWARE or create derivative
works based upon the SOFTWARE or any part thereof.
(e) Remove any proprietary notices or labels on the SOFTWARE.
(f) Use the SOFTWARE to encode, reproduce or copy any material
or intellectual property you do not have the right to encode, reproduce or copy.
-------------------------
IV. TITLE
-------------------------
Ownership rights, and intellectual property rights in and
to the Software and Documentation shall remain in LAB Asprise! and/or its suppliers.
This Agreement does not include the right to copy or sub-License the Software
and is personal to you and therefore may not be assigned (by operation of law
or otherwise) or transferred without the prior written consent of LAB Asprise!.
The foregoing License Agreement gives Licensee limited rights to use the SOFTWARE
during the EVALUATION PERIOD. You further agree not to modify or create derivative
works of the Software.
-------------------------
V. DISCLAIMER OF WARRANTIES
-------------------------
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS
FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NONINFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD
THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS
SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN
ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT
LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS
ITS REQUIREMENTS.
-------------------------
VI. LIMITATION OF LIABILITY
-------------------------
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL LAB ASPRISE! OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LAB ASPRISE! BE LIABLE FOR ANY
DAMAGES IN EXCESS OF LAB ASPRISE!'S LIST PRICE FOR A LICENSE TO THE SOFTWARE,
EVEN IF LAB ASPRISE! SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
-------------------------
VII. ENTIRE AGREEMENT
-------------------------
This License Agreement constitutes the entire agreement between
Licensee and LAB ASPRISE! and supersedes any other prior agreements or understandings,
whether oral or written, regarding the SOFTWARE. If a provision of this agreement
is deemed null and void, invalid or without effect, the remainder of this agreement
shall remain in effect.
|