BUSINESS END-USER LICENSE AGREEMENT FOR ONE DEVELOPER
For Flash Decompiler
By Eltima Software
NOTICE TO USER:
PLEASE, READ THIS CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Licensor" means Eltima Software.
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Eltima Software (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"Licensee" means You or Your Company, unless otherwise indicated.
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. SOFTWARE LICENSE
As long as you comply with the terms of this End User License Agreement (the "Agreement"), Eltima Software grants to you a non-exclusive non-transferable License to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions.
3. GENERAL USE
1. The Software can be utilized only by the person this Software is registered to.
2. You may install and use any number of copies of the Software on any number of compatible computers owned, rented or leased by your Business for commercial purposes or business environment.
3. You may make a backup copy of the Software. You may not transfer the rights to a backup copy.
4. FEE PAYEMENT
This License is royalty-free. That means that a development version of the product is for a fee, but You do not need to pay a fee per every order of your product built or assembled with or using our technology.
5. COMMERCIAL RIGHTS
The Commercial License entitles You to unlimited redistribution of our commercial Software as a part of yours. You are not obliged to specify that Eltima Software framework is used in your software
6. INTELLECTUAL PROPERTY RIGHTS
This license does not transmit any intellectual rights on the Software. The Software and any copies that you are authorized by Eltima Software to make are the intellectual property of and are owned by Eltima Software and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Eltima Software and its suppliers. The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions. Any copies that You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without Eltima Software specific approval are strictly prohibited. You are not authorized to use any plug-in or enhancement that permits You to save modifications to a file with software licensed and distributed by Eltima Software.
Any information supplied by Eltima Software or obtained by You, as permitted hereunder, may only be used by You for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark.
7. TRANSFER
You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user’s computer. You may not transfer your rights to Use the Software to another person or legal entity.
8. MULTIPLE LANGUAGE SOFTWARE / UPDATES
If the Software supports multiple languages, if You receive the Software on multiple media, if You otherwise receive multiple copies of the Software, or if You received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the number permitted by this License. You may not rent, lease, sublicense, lend or transfer any versions or copies of such Software You do not Use. If the Software is an Update to a previous version of the Software, You must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after You receive the Update to assist You in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer, not belonging to You; and You acknowledge that any obligation Eltima Software may have to support the previous version of the Software may be ended upon availability of the Update.
9. NO WARRANTY
The Software is being delivered to You "AS IS" and Eltima Software makes no warranty as to its use or performance. ELTIMA SOFTWARE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ELTIMA SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL ELTIMA SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ELTIMA SOFTWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. ELTIMA SOFTWARE AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
© 2000-2008 Eltima Software. All rights reserved.