End user agreement for OEAPI
Terms and conditions
AGREEMENT BETWEEN YOU AND NEKTRA
Nektra OEAPI Software License Agreement
Nektra, Software License Agreement
UNLIMITED LICENSE AGREEMENT
THIS LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND NEKTRA FOR THE SOFTARE PRODUCT IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND ELECTRONIC DOCUMENTATION ("SOFTWARE"). PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORISED TO INSTALL, COPY OR USE THE SOFTWARE.
The following terms shall have the following meanings:
"Documentation" means the technical publications prepared and delivered to Licensee by Nektra relating to use of the Software, such as reference and tutorial manuals.
"License Key(s)" means the code(s) transferred from Nektra to Licensee allowing Licensee to use the Software.
"License Key Information Form" means the form completed by Licensee and submitted to Nektra setting forth the information requested by Nektra for the transfer of the License Key.
"Licensee" means the individual or entity licensing the Software hereunder as listed on the License Key Information Form.
"Software" means those items of software, in object code format, source code, example programs and the documentation, proprietary to Nektra and/or its suppliers, that Licensee has ordered from Nektra pursuant to the License Key Information Form.
2. UNLIMITED USE LICENSE TERMS
Nektra grants to Licensee as an individual a personal, nonexclusive, non- transferable license to make and use copies of the Licensed Software for the sole purposes of designing, developing, and
testing Licensee's software product(s) ("Applications"). Licensee may install copies of the Licensed Software on an unlimited number of computers provided that Licensee is the only individual using the
Licensed Software. If Licensee is an entity, Nektra grants Licensee the right to designate one, and only one, individual within Licensee's organization who shall have the sole right to use the Licensed Software in the manner provided above. Licensee may at any time, but not more frequently that once every six (6) months, designate another individual to replace the current designated user by notifying Nektra, so long as there is no more than one designated user at any given time.
3. GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES
Nektra grants Licensee a nonexclusive, royalty-free right to reproduce and distribute the Licensed Software, for execution on any operating system. Copies of the Software or parts of the Software may only be distributed with and for the sole purpose of executing Applications permitted under this Agreement that Licensee has created using the Licensed Software. Under no circumstances may any copies of Software be distributed separately.
Only the necessaries binaries to run your software can be distributed within your software. Documentation, installer or any other file that is not necessary to run your software cannot be distributed.
4. LIMITED WARRANTY/LIMITATIONS ON LIABILITY
4.1. Warranty Disclaimer. The Licensed Software is Licensed to Licensee "AS IS". To the maximum extent permitted by applicable law, Nektra on behalf of itself and its suppliers, disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the licensed software. This warranty disclaimer notwithstanding, licensee may have specific legal right which may vary from state/jurisdiction to state/jurisdiction.
4.2. Limited Warranty. Nektra warrants that for your benefit alone, for ninety (90) days from the day of delivery to you (the "Warranty Period") the Software media, under normal use in a compatible execution environment, will be free from defects in material and workmanship. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Article more six (6) months after the date on which the breach of warranty occurred.
4.3. Exceptions to Warranties; Disclaimers. Except for the above express limited warranty, Nektra disclaims any and all other warranties, express or implied, including any implied warranties of merchantability or fitness for particular purpose. Nektra does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. Nektra does not warrant that the Software or service will meet your requirements or that the operation of the will be uninterrupted or error free.
Nektra limited warranty is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than Nektra.
4.4. Exclusive Remedies. You agree that if, during the Warranty Period, a defect in the Software media appears, your exclusive remedy will be, in Nektra's sole option, to replace the media, to credit the amounts paid by you to Nektra, if any, and terminate this License. This remedy is subject to the return of all copies of the Software.
4.5. Limitations of Liability. In no event shall Nektra be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if Nektra has been advised of the possibility of such loss or damages.
Nektra cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.
5. SUPPORT AND UPDATES
Licensee will be eligible to receive email based software developer support and access to Updates to the Licensed Software for a period not to exceed one year from the date of initial delivery, in accordance with Nektra's then current license agreement, policies and procedures, if any. Such policies and procedures may be changed from time to time.
Support is limited to basic mail support for ninety (90) days from the day of delivery to you (the "Warranty Period").
Source code is provided "AS IS" and only compilation support is provided by Nektra.
6. LICENSE UPGRADE
The Licensee can upgrade this License to any other available and the funds payed for this License will be taken as part of the paid of the new License for one hundred and twenty (120) days from the day of delivery to you.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Title, ownership rights, and all intellectual property rights in and to the Software and Documentation shall remain with Nektra and/or its licensors. Licensee agrees not to modify the Software, reproduce or distribute the Software except as expressly authorised herein, create derivative works of, or attempt to decipher, translate, decompile, disassemble, reverse engineer the Software or otherwise attempt to derive the source code of the Software or assist or encourage any third party in doing so.
Source code is provided only to show how the software was done and it cannot be used to create a product with similar characteristics.
Nektra may terminate the Agreement at any time immediately upon written notice by Nektra to Licensee if Licensee breaches this Agreement, fails to pay the fees for the Licensed Software, or infringes Nektra's intellectual property in or to the Licensed Software. Upon termination of the Licenses, Licensee shall return to Nektra all copies of Licensed Software that were supplied by Nektra. All other copies of Licensed Software in the possession or control of Licensee must be erased or destroyed. An officer of Licensee must promptly deliver to Nektra a written confirmation that this has occurred.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England.
10.1. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.
10.2. This Agreement represents the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements; either oral or written, between the parties with respect to said subject matter.
10.3. This Agreement may not be amended, except in writing, signed by both parties. No terms, provisions or conditions of any purchase order, acknowledgement or other business form that Licensee may use in connection with the acquisition or licensing of the Software will have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of Nektra to object to such terms, provisions or conditions.
Parts of the "Software" that are permitted for distribution
- COM objects distributed as dynamic libraries (dlls).
Parts of the Licensed Software that are not permitted for distribution or publish include, but are not limited to:
- Source Code.