End user agreement for Add-in Express for Office and VCL
ADD-IN EXPRESS LTD
ADD-IN EXPRESS 2010 FOR MICROSOFT OFFICE AND VCL END-USER LICENSE AGREEMENT
SINGLE DEVELOPER LICENSE
Please read carefully the following terms and conditions before installing the software. By installing the software you indicate your acceptance of these terms and conditions.
This Add-in Express Ltd. ("ADD-IN EXPRESS") End-User License Agreement ("EULA") is a legal agreement between you, a developer of software applications or an entity that purchased an individual license(s) for its developer(s) ("DEVELOPER") and ADD-IN EXPRESS for all ADD-IN EXPRESS products, including components, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE").
ADD-IN EXPRESS grants to you a personal, nonexclusive license to install and use the SOFTWARE for the sole purposes of designing, developing, testing, and deploying application programs which you create. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, do not install, use, distribute in any manner, or replicate in any manner, any part, file or portion of the SOFTWARE.
All SOFTWARE is licensed, not sold. If you are an individual, you must acquire an individual license for the SOFTWARE from ADD-IN EXPRESS or its authorized resellers. If you are an entity, you must acquire an individual license for each developer within your organization who will use the SOFTWARE in the manner provided herein from ADD-IN EXPRESS or its authorized resellers.
Installing the SOFTWARE. You may install and use one copy of the SOFTWARE, including any and all source code if provided, or any prior version legally licensed for the same operating system, on a single computer. You may also install and use an additional copy of the SOFTWARE on a portable computer. You acknowledge and agree that the SOFTWARE in source code form remains a confidential trade secret of ADD-IN EXPRESS.
Transferring the SOFTWARE. You may transfer all of your rights to use the SOFTWARE to another person, provided that you transfer to that person all of the software, diskettes (if applicable), and documentation provided in this package (including this EULA), and transfer or destroy all copies in any form. Remember, once you transfer the software, you no longer have any right to use it, and the person to whom it is transferred may use it only in accordance with the copyright law, international treaty, and this license.
Upgrading the SOFTWARE. If you have purchased an upgrade version of the Software, the original product together with the upgrade constitute a single license. The original Software and the upgrade Software cannot both be available for use by two different people at the same time, and cannot be transferred separately without written permission from ADD-IN EXPRESS.
Modifying source code. This provision applies only to the SOFTWARE supplied with source code. ADD-IN EXPRESS hereby grants you a limited, non-exclusive license to modify, rebuild and compile the source code of the SOFTWARE as well as distribute your applications built on modified source code. All copyright notices in the source code must remain intact. ADD-IN EXPRESS does not provide technical support for issues related to modifying the source code of the SOFTWARE, nor for modified source code, and does not guarantee the compatibility of your applications built on the modified source code of the SOFTWARE with other applications built using the SOFTWARE.
Rental. You may not rent, lease, lend, copy, modify, sub-license, time-share, electronically transmit or receive the Software, except as provided in this license, or as directed by ADD-IN EXPRESS. You may not translate, reverse engineer, decompile or disassemble or otherwise alter the Software or its documentation.
Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The provision of source code, if included with the SOFTWARE, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE or any of its constituent parts and distributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
Royalty Free Redistribution. The SOFTWARE may include certain files ("REDISTRIBUTABLES") intended for distribution by you to the users of software applications which you create using the SOFTWARE.
REDISTRIBUTABLES include, for example, those files identified in printed or on-line documentation as redistributable files, or those files preselected for deployment by an install utility provided with the SOFTWARE (if any). In all circumstances, the REDISTRIBUTABLES for the SOFTWARE are only those files specifically designated as such by ADD-IN EXPRESS. Only the legally registered DEVELOPER, or an entity that purchased an individual license for its developer(s), may distribute the software applications that they create using the SOFTWARE and all accompanying REDISTRIBUTABLES as part of an executable program or dll only, subject to all of the conditions of this Agreement. Only the legally registered DEVELOPER, or an entity that purchased an individual license for its developer(s), is licensed to use the software for any development purposes including software development, coding, building, debugging, etc. All ADD-IN EXPRSS libraries, packages, source code, and all resulting intermediate files (obj, dcu, ETC.) are confidential and proprietary trade secrets of ADD-IN EXPRESS. AT NO TIME MAY DEVELOPER CREATE ANY TOOL(S), REDISTRIBUTABLE(S), OR SOFTWARE PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH ADD-IN EXPRESS SOFTWARE WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE.
Copyright. All title and copyrights in and to the SOFTWARE (including but not limited to any images, demos, source code, intermediate files, packages, photographs, distributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE the accompanying printed materials, and any copies of the SOFTWARE) are owned by ADD-IN EXPRESS or its subsidiaries. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
DISCLAIMER OF WARRANTY
ADD-IN EXPRESS expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. To the maximum extent permitted by applicable law, in no event shall ADD-IN EXPRESS be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE or the provision of or failure to provide Support Services, even if ADD-IN EXPRESS has been advised of the possibility of such damages.
You agree to be identified as a customer of ADD-IN EXPRESS and agree that ADD-IN EXPRESS may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in ADD-IN EXPRESS's marketing materials and web site. You hereby grant ADD-IN EXPRESS a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to ADD-IN EXPRESS pursuant to this marketing section. If this clause breaches your company policy or you do not wish to be bound by this clause, ADD-IN EXPRESS should remove it upon your request.
ADD-IN EXPRESS may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the ADD-IN EXPRESS policies and programs described in the user manual, in "on line" documentation and/or other ADD-IN EXPRESS-provided materials. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to ADD-IN EXPRESS as part of the Support Services, ADD-IN EXPRESS may use such information for its business purposes, including for SOFTWARE support and development. ADD-IN EXPRESS will not utilize such technical information in a form that personally identifies you.
ADD-IN EXPRESS and its suppliers' entire liability and your exclusive remedy shall be, at ADD-IN EXPRESS option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet ADD-IN EXPRESS Limited Warranty and which is returned to ADD-IN EXPRESS with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
You may not sublicense, assign or transfer the license of the SOFTWARE. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement will be governed by the laws of the Republic of Belarus. Should you have any questions regarding this Agreement, you may contact ADD-IN EXPRESS by writing to Add-in Express Ltd., 149 Barykina Str., Homel, 246000, Republic of Belarus.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Copyright (C) Add-in Express Ltd. All rights reserved.
Add-in Express, ADX Extensions, Afalina, Afalinasoft and Afalina Software are trademarks or registered trademarks of Add-in Express Ltd.
Microsoft, Visual Studio, Office applications' logos are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
Borland and the Delphi logo are trademarks or registered trademarks of Borland Corporation in the United States and/or other countries.