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BREEZEWAY
SOFTWARE CORPORATION RAPIDXLL
LICENSE AGREEMENT Please
read carefully: THIS
IS A LICENSE AND NOT AN AGREEMENT FOR SALE. IF YOU DO NOT AGREE WITH THE TERMS
AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE. RapidXLLTM automatically converts C/C++ into: Excel Add-Ins, .NET Libraries, and HTML Documentation. Copyright (c) BreezeWay Software Corporation. All Rights Reserved. By using and installing BreezeWay Software Corporation's Software or, where applicable, choosing the "I ACCEPT..." option at the end of the License you indicate that you have read, understood, and accepted the terms and conditions of the License. If the Software is already downloaded or installed, you should promptly cease using the Software in any manner and destroy all copies of the Software in your possession. You, the user, assume all responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. If you have any questions concerning this, you may contact the RapidXLL(tm) team via email at service@RapidXLL.net. This RapidXLL License ("License") is made between BreezeWay Software Corporation ("BreezeWay") as licensor, and you, as licensee, as of the date of your first use of the Software (the Software is in use on a computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk or other storage device) of that computer.). This License reflects BreezeWay's intent to retain full ownership of and control of the use and distribution of RapidXLL, the License Key (as hereinafter defined), installers, libraries and other applicable software (collectively the "Software"). 1.
License Grant.
Subject to the terms and conditions of this License, BreezeWay grants to you a
personal, non-exclusive, non-transferable, and limited license to use the
Software solely on one computer to create, compile, test and deploy (in object
code form to other computers), your own application programs
("Works"). You may create redistributable applications based on your
unique development work using the Software and you may sublicense to end users
of such Works ("End Users") the personal, non-exclusive right to
install and execute the files, and/or libraries that are necessary to use the
Works created using the Software. Use of such files and/or libraries by such
End Users is limited to runtime purposes only. Such End Users may only use the
redistributable portion of the Software ("Redistributable"). You may
not provide any End User with access to the non-trial development or
interactive capabilities of the Software libraries or technology. You may not
modify, reverse engineer, decompile, decrypt, extract or otherwise disassemble
the Software. You may not sell, license, sub-license, lend, lease, rent, share,
assign, transmit, telecommunicate, export, distribute or otherwise transfer the
Software to others, except as expressly permitted in this License Agreement or
in another agreement with BreezeWay. In order to use the Software after the
evaluation (trial) period you will be required to pay license fee to BreezeWay,
obtain a License Key, and agree to this License Agreement for the use of the
Software. You will not disclose or provide access to your License Key to any
other person or entity. You must comply with all applicable U.S. export control
laws in your use of the Software. When you pay the license fee established by
BreezeWay, you will receive a license key (the "License Key") from
BreezeWay that authorizes you to use the Software only in the following
specific contexts: (i)
Trial (Evaluation) Use. Your default License (acquired by installing and
using the Software) authorizes a 30 day trial. Use you may use the Software
only for evaluation purposes without payment of the any License fee. This Trial
License does not allow you to deploy your Works for use on other computer
systems. You are not permitted to sell, lease, distribute, transfer,
sublicense, or otherwise dispose of the Software, in whole or in part, for any
form of actual or potential commercial gain or consideration except that you
may distribute the original msi installation file, as supplied by BreezeWay,
for another individual's trial (evaluation) use of the Software as long as you
do not charge more than a nominal fee to cover the costs of materials. (ii)
Commercial Use. If your License Key authorizes Commercial Use, you may
use the software on one computer; the Key is tied to your hardware profile. You
will obtain a separate license for each additional computer using the Software
(whether or not such systems are connected on a network). You may make only one
copy of the Software for archival or backup purposes. You may deploy your Works
along with the redistributable portion of the Software. All files in the redistributable
portion of the Software must be deployed to the same location. The
redistributable portion of the Software consists of these THREE files: RapidXLL\Public\RapidXLL.dll RapidXLL\Public\RapidXLL_NET.dll RapidXLL\Public\RapidXLL_License.txt The
user should have the MicroSoft .NET redistributable in order to use .NET
applications. Two additional files
MicroSoft library dlls, freely redistributable and usually located in
C:\windows\system32\, may be required.
They are placed in the same directory in case the user is missing these
standard libraries: RapidXLL\Public\MSVCP71.DLL RapidXLL\Public\MSVCR71.DLL Other than as specified above, you are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software, in whole or in part, for any form of actual or potential commercial gain or consideration except that you may distribute the original msi installation file, as supplied by BreezeWay, for another individual's trial (evaluation) use of the Software as long as you do not charge more than a nominal fee to cover the costs of materials. (iii)
Non-commercial Use. If your License Key authorizes Non-commercial Use,
you may use the software in a teaching or learning environment only. You are
not permitted to sell, lease, distribute, transfer, sublicense, or otherwise
dispose of the Software, in whole or in part, for any form of actual or
potential commercial gain or consideration. This License does not allow you to
deploy your Works for any form of actual or potential commercial gain or
consideration except that you may distribute the original msi installation
file, as supplied by BreezeWay, for another individual's trial (evaluation) use
of the Software as long as you do not charge more than a nominal fee to cover
the costs of materials. (iv)
Other Use. Any use of the software other than the uses specified above
requires a separate license from BreezeWay and the payment of additional
license fees as determined by BreezeWay. Such additional redistribution options
are available, at BreezeWay's sole discretion, on a case-by-case basis. Contact
service@RapidXLL.net to discuss any redistribution options not covered by this
license agreement. BreezeWay reserves all rights not expressly granted to you herein.
You are aware that the Key is tied to your computer's hardware profile and that
the "fingerprint" you send to acquire a key encodes information about
your computer. This information cannot be used to identify you and will only be
used to generate an appropriate Key for your use. The computer information
encoded may include information such as your OS product key, hard drive serial
number, PC manufacturer, operating system version, OS product ID, PC BIOS
information, your network ID or address. This information cannot be used to
identify you. 2.
Transfer and Restrictions on Use. You may not modify, reverse engineer, decompile,
decrypt, extract or otherwise disassemble the Software. You may not sell,
license, sub-license, lend, lease, rent, share, assign, transmit,
telecommunicate, export, distribute or otherwise transfer the Software to
others, except as expressly permitted in this License Agreement or in another
agreement with BreezeWay. In
order to use the Software after the evaluation (trial) period you will be
required to pay license fee to BreezeWay, obtain a License Key, and agree to
this License Agreement for the use of the Software. You will not disclose or
provide access to your License Key to any other person or entity. In addition: (i)
YOU SHOULD NOT USE THE SOFTWARE TO DESIGN, CONSTRUCT, OPERATE, OR MAINTAIN
NUCLEAR FACILITIES, LIFE SUPPORT OR OTHER MEDICAL EQUIPMENT, MANUFACTURING OR
CONSTRUCTION EQUIPMENT, WEAPONS SYSTEMS, AIRCRAFT OR NAUTICAL NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR FOR ANY OTHER
APPLICATION WHERE HUMAN LIFE OR PROPERTY MAY BE AT STAKE. YOU UNDERSTAND THAT
THE SOFTWARE IS NOT DESIGNED FOR SUCH PURPOSES AND THAT ITS FAILURE(S) IN SUCH
CASES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR ENVIRONMENTAL
DAMAGE FOR WHICH BREEZEWAY SOFTWARE IS NOT RESPONSIBLE; (ii)
You may NOT use, acquire, ship, transport, export, or re-export the Software,
except as authorized by Licensor and as permitted by applicable law. In
particular, but without limitation, the Software may not be acquired, shipped,
transported, exported, or re-exported (1) into (or to a national or resident
of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of
Commerce's Table of Denial Orders. You represent and warrant that you are not
located in, under control of, or a national or resident of any such country or
on any such list; 3.
Termination.
This License Agreement is effective until terminated. BreezeWay may terminate
this License immediately and without prior notice if you breach any term of
this License. In the event of any termination or expiration, you agree to
immediately destroy and/or erase the original and all copies of the Software,
any accompanying documentation and License Keys and to discontinue their use
and you will not retain or store the Software or any copies thereof, in any
form or medium. 4.
Proprietary Rights.
The Software is licensed, not sold, to you. BreezeWay reserves all rights not
expressly granted to you. Ownership of the Software and its associated
proprietary rights, including but not limited to patent and patent
applications, are retained by BreezeWay. The Software is protected by the
copyright laws of the United States and by international treaties. You must
comply with such laws and treaties in your use of the Software. You agree not
to remove any of BreezeWay's copyright, trademarks and other proprietary
notices from the Software. 5.
Distribution.
Except as may be expressly allowed in Section 1, or as otherwise agreed to in a
written agreement signed by both you and BreezeWay, you will not distribute the
Software, either in whole or in part, in any form or medium for any form of
actual or potential commercial gain or consideration except that you may
distribute the original msi installation file, as supplied by BreezeWay, for
another individual's trial (evaluation) use of the Software as long as you do
not charge more than a nominal fee to cover the costs of materials. 6. NO WARRANTY. BREEZEWAY
MAKES NO WARRANTIES WHATSOEVER REGARDING THE SOFTWARE AND IN PARTICULAR, DOES
NOT WARRANT THAT THE SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING
DOCUMENTATION IN EVERY OR ANY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE
ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY OR ANY COMPUTER
SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME THE ENTIRE
COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS. USE OF THE SOFTWARE AND ANY WORKS
THEREFROM IS ENTIRELY AT YOUR SOLE RISK. LICENSOR, ITS OFFICERS, DIRECTORS,
EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY,
"LICENSOR ENTITIES") AND THEIR OWN LICENSORS DO NOT REPRESENT THAT
THE SOFTWARE OR ANY WORKS THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE
THE UNITED STATES. THE LICENSOR ENTITIES AND THEIR LICENSORS EXPRESSLY DISCLAIM
ANY WRITTEN OR ORAL REPRESENTATIONS WHICH CONTRADICT THIS SOFTWARE LICENSE
AGREEMENT. IF THE SOFTWARE OR ANY WORKS THEREFROM PROVES DEFECTIVE, YOU (AND
NOT THE LICENSOR ENTITIES OR THEIR LICENSORS) ASSUME THE ENTIRE COST OF ALL
NECESSARY REPAIR TO THE SOFTWARE OR TO YOUR COMPUTER SYSTEMS, CORRECTION OF
INACCURATE DATA, OR INJURY OF ANY KIND, EVEN IF THE LICENSOR ENTITIES OR THEIR
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGE. 7.
DISCLAIMER. BREEZEWAY DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS,
DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS AND BREEZEWAY MAKES NO OTHER WARRANTIES OR CONDITIONS (OF ANY KIND),
EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH
CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 8.
LIMITATION OF LIABILITY. BREEZEWAY WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY
DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF SUBSTITUTE
GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF
THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE OR WORKS THEREFROM. IN
NO EVENT WILL BREEZEWAY'S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD
TO THE SOFTWARE AND/OR THIS LICENSE EXCEED (COLLECTIVELY) $1.00 US. FURTHER,
BREEZEWAY WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS
OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS BEYOND
BREEZEWAY'S REASONABLE CONTROL. 9.
Support and Software Updates. Licensor may elect to provide you with customer
support and/or software upgrades, enhancements, or modifications for the
Software (collectively, "Support"), in its sole discretion, and may
terminate such Support at any time without notice to you. Licensor reserves the
right to charge you for any Support it provides but will make a schedule of
those charges available to you prior to your incurring any costs. BreezeWay may
change, suspend or discontinue any aspect of the Software or services at any
time, including the availability of any Software feature. BreezeWay may also
impose limits on certain features and services or restrict your access to parts
or all of the web site(s) without notice or liability. 10.
U.S. Government Restricted Rights Legend. If the Software is acquired by any agency or
other part of the U.S. government in a transaction subject to the Federal
Acquisition Regulations or the Defense Federal Acquisition Regulations, the
Software is furnished with Restricted Rights. Use, duplication, or disclosure
of the Software by the U.S. government is subject to all applicable
restrictions set forth in such Regulations, as amended from time to time.
Rights of the United States shall not exceed the minimum rights set forth in
FAR 52.227-19 for "restricted computer software." All other terms and
conditions of this License Agreement apply. 11.
Indemnification.
You agree to indemnify and hold the Licensor Entities harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party in
connection with or arising out of your use of the Software, your violation of
any terms or conditions of this Software License Agreement, your violation of
applicable laws, or your violation of any rights of another person or entity. 12.
No General Waiver.
Licensor's failure, in any instance, to exercise any of its rights under this
Software License Agreement will not constitute a general waiver of such or any
other rights hereunder. 13.
Entire Agreement.
This License Agreement constitutes the entire agreement between you and
BreezeWay regarding the Software, Support and all accompanying documentation
and supersedes all prior or contemporaneous understandings regarding such
subject matter. No amendment to or modification of this Software License
Agreement will be binding unless made by the Licensor. If any provision is
found to be invalid by a court of competent jurisdiction, the balance of the
provisions will remain in full force and effect. This License shall be governed
by the laws of the United States (as applied by federal courts sitting in the
State of Wyoming) and of the State of Wyoming, except conflict of law rules.
You consent to exclusive jurisdiction and venue in Laramie County, Wyoming and
waive the defense of forum non conveniens. The United Nations Convention on the
International Sale of Goods shall not apply to this Software License Agreement.
Licensor reserves the right to revise this License Agreement at any time and
you are deemed to be aware of and bound by any changes upon publication on our
web site(s); the latest copy of this license can be found at http://www.RapidXLL.net/Licence.html 14.
Inurement.
The rights, restrictions, limitations, disclaimers and remedies granted to,
retained by, or for the benefit of BreezeWay will inure to the benefit of and
will be enforceable by BreezeWay and its licensors, successors and assigns. You
may not assign your rights, obligations and interest in and to this License
without the prior written consent of BreezeWay. The obligations, covenants and
rights which apply to you will inure to your benefit and will be binding on you
and your permitted successors and assigns. 15.
Surviving Provisions.
Sections 2, 4, 5, 6, 7, 8, and 10-15 will survive any termination of this
Agreement. RapidXLLTM automatically converts C/C++ into: Excel Add-Ins, .NET Libraries, and HTML Documentation. Copyright (c) BreezeWay Software Corporation. All Rights Reserved. BY
INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE "I
ACCEPT..." OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT
THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE. |
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