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SWTB Extender - Licensing

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SOFTWARE TOOLBOX EXTENDER END-USER LICENSE AGREEMENT

By clicking on Yes during the installation of this product, you indicate that you have read this agreement and accept its terms and conditions. This is a legal agreement between you (the end user) and Software Toolbox (Matthews, NC) hereafter referred to as "SWTB". If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials) to the place where you obtained them for a full refund.

DEFINITIONS:

"Licensed Software" shall mean all components and documentation installed when the user runs the Software Toolbox Extender installation program that presents and displays this End-User License Agreement.

1. GRANT OF LICENSE. The Licensed Software and other materials in this package are provided to you under the terms of this Agreement and are not sold to you. You own the media on which the Licensed Software is recorded, but SWTB retains copyright, title, and ownership of the Licensed Software itself. You are granted a non-exclusive license to use the Licensed Software to develop custom software applications on a single computer.

2. DUAL-MEDIA SOFTWARE. You may receive the Licensed Software in more than one medium, such as CD and online download. Regardless of the type or size of medium you receive, you may use only one medium for a single computer install. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer of the license to the Licensed Software as provided for in this License Agreement.

3. EVALUATION SOFTWARE. If the enclosed Licensed Software is marked as "Demo" or "Evaluation", then this software shall be used for evaluation purposes only and shall be subject to additional restrictions in this agreement. Under the terms of this Agreement, Licensed Software used for evaluation purposes shall NOT have the rights of distribution called out under "Runtime Distribution". Evaluation Software is entitled to email support limited to the advertised and stated product functionality only in the mode of the user evaluating the Licensed Software prior to purchase to see if it will meet their requirements. Developing your full application using Evaluation Software rather than purchasing a license is not allowed and will not be supported.

4. COPY RESTRICTIONS. The development license portion of the Licensed Software may be installed on a maximum of one (1) computer at any given time. You may, however, make one (1) backup copy for archival purposes.

5. RUNTIME LICENSE DISTRIBUTION. The runtime components portion of the Licensed Software as referenced in the product documentation deployment instructions may be installed on any number of computers with your compiled custom application without payment of additional license fees and royalties, subject to the restrictions in this agreement. The intended purpose of royalty-free RUNTIME licensing is so that an individual end-user working for a manufacturer, system integrator, or machinery OEM can use the Licensed Software to create a CUSTOM APPLICATION. 

For purposes of understand the limitations of the RUNTIME license in this License Agreement, a Commercially-Available Software Package is one that is available for purchase on a standalone basis at a standard price as part of your regular day to day business. Applications that you develop and sell and then your end user uses your application to configure, edit, develop, or otherwise build their own customized application are generally considered to be a Commercially-Available Software Package. A machinery OEM that writing a custom machine user interface that is an integral, non-separable part of the machine is not considered to be a Commercially-Available Software Package. A system integrator creating a custom software application tailored for a specific end-users manufacturing process will not be considered to be Commercially-Available Software Package.

The following uses are not allowed under this grant of RUNTIME license and may require a special OEM license.

1. You shall not distribute any portion of the development license or attempt to repackage, wrap, reverse engineer, decompile, or otherwise circumvent the single computer license for the purpose of repackaging the Licensed Software for distribution with another software product that would enable the user to engage in software development using the Licensed Software.

2. If you are the manufacturer of a Commercially-Available Software Package, you shall not include any images from this image library in your Commercially-Available Software Package without a proper special license that is not granted with this end user license. 

3. You shall not create derivative software components such as .NET user controls, components or other software for commercial sale or for inclusion in a commercially available application such as a Human Machine Interface application.

Special OEM licensing is available for situations that are not covered by this license. Please contact SWTB at www.softwaretoolbox.com for information on OEM licensing of this product. If you have any doubts about whether your application fits into the scope of this RUNTIME LICENSING clause, it is your responsibility to contact us to discuss your situation and obtain written verification that your intended use is covered.

6. NON-SEPARABLE COMPONENTS. The Licensed Software is licensed as a single product. Its component parts may not be separated for use on more than one computer and they may not be used separate from each other in different custom applications. Support will not be provided to users who have been found to violate this restriction and repeated violations can be ground for termination of the License Agreement and the rights granted by it.

7. NO OTHER RIGHTS. Except as stated above, this agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks, or any rights, franchises of license with respect to the enclosed software and documentation. You may not modify, translate, disassemble, reverse engineer, or decompile the software, in whole or in part. Software Toolbox reserves all rights not explicitly granted in this license agreement.

8. TECHNICAL SUPPORT. Software Toolbox Inc. provides e-mail product support for the Licensed Software whether a demo or registered license. Software Toolbox Inc. will provide a total of two hours free phone support for the Licensed Software to the licensed user after paying the applicable license fees that grant them the rights in this License Agreement. Product Support includes Installation and setup issues directly related to the product, answering questions about product functionality and product programming interfaces, and answering questions or addressing issues with example protocols included with the product or downloaded from this web site. Product Support does not include debugging your custom software application for you. Software Toolbox Inc. can provide additional phone and other support so long as you have paid Software Toolbox Inc. any applicable maintenance or support fees for a supplemental support agreement and such support would be provided subject to the terms of those agreements. All corrections and maintenance releases will be made available through Software Toolbox Inc.'s Internet site . All major product releases of the Software are subject to upgrade fees. At no time will on-site support be provided without advance payment to Software Toolbox Inc. for a minimum of two days on-site engineering support services, plus all expenses. 

9. UPDATE POLICY. SWTB may create, from time to time, updated versions of the software. However, SWTB is under no obligation to provide updates free of charge.

10. SUPERCEDES PREVIOUS AGREEMENTS. If you are installing the software to upgrade an older version of the Licensed Software, this license agreement SUPERCEDES any previous license agreements that may have been in effect when you purchased the license of your older version of the software. If you do NOT agree with the terms of this current agreement you should NOT install this software and contact us immediately.

11. TRANSFER OF LICENSE. You, as the original licensee may permanently transfer all of your rights under this License Agreement , provided you notify SWTB that the license is being transferred to another user, you retain no copies, you transfer all of the Licensed Software (including all component parts, the media and printed materials, any upgrades, this License Agreement and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this License Agreement. If the Licensed Software is an upgrade, any transfer must include all prior versions of the Licensed Software.

12. TRANSFER OF SUPPORT. Support is transferable with the Licensed Software under this License Agreement provided that the original licensee has not received any prior product support. If the original licensee has obtained and utilized technical support, purchase of a support agreement or pay by the incident technical support services will be required.

13. WARRANTY. The sole warranty regarding the Software and related materials is that the original disk is free from physical defects in material and workmanship for 90 days from the date of delivery to you. Your sole and exclusive remedy for any breach of representation or warranty is that Licensor, at its option, either (a) will refund your payment for the Software upon your return of the Software and related materials, with a copy of your receipt, or (b) will replace it on an exchange basis without charge (except as provided above).

EXCEPT FOR THE EXPRESS WARRANTY OF THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISK, AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

CERTAIN LIMITATIONS
Licensor has no control over your use of the Software. Licensor does not and cannot warrant the performance or results that may be obtained by its use. Licensor does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is only as of a particular date. Licensor does not warrant that the operation of the Software will be uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the Software or that it will meet your requirements.

LIMITATIONS OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are 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.

15. SURVIVABILITY. If any portion of this License Agreement is found to be unenforceable due to the laws and regulations of a particular locale, the remaining portions of this License Agreement shall remain in force unaltered.

16. BINDING ON SUCCESSORS AND ASSIGNS. If for any reason the company that has purchased this software license experiences a change in ownership in any form, this agreement is binding on any assignees, receivors, or successors that assume control of the original end user company.

17. MISCELLANEOUS This Agreement is governed by the laws of the State of North Carolina, United States of America.

 

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