End user agreement for IOSLoaderPro
VitalTech Group IOSLoaderPro version 4.40
Copyright (c) 2002-2003 VitalTech Group
All rights reserved.
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This IOSLoaderPro End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single entity) and the
VitalTech Group for the SOFTWARE(s) identified above, which includes the User's
Guide, any associated SOFTWARE components, any media, any printed materials
other than the User's Guide, and any "online" or electronic documentation
("SOFTWARE"). 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 the terms of this
EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you,
return the media envelope along with the rest of the package to the location
where you obtained it within 14 days from purchase.
"non-commercial entity" is defined as any individual, educational institution,
charity or humanitarian organization.
"commercial entity" is defined as any corporation registered or otherwise that
derives or attempts to derive substantial commercial and monetary gain and
benefit from its efforts and endeavors. This includes all Government and
"personal use" means the non-commercial use of IOSLoaderPro in your
own home, with your own personal computer by you, your family or
by your close friends. The computer you use IOSLoaderPro in must be
owned by you or by a member of your family, you are not allowed
to use an unlicensed version (after the evaluation period) of IOSLoaderPro
in a computer owned by the company you work for.
"educational use" means the use of IOSLoaderPro for educational purposes
in a non-commercial institution.
"Licensed version" means a version of IOSLoaderPro that has been licensed
for use by a "commercial or non-commercial entity".
Licensed version is not free and you are not allowed to distribute it
in any ways.
"Unlicensed version" means the free version of IOSLoaderPro that can only
be used by a non-commercial entity for personal, educational and
non-commercial use. The one and only exception is during the evaluation
period in which the Software may also be used by a commercial entity.
"license" means the license you own. If you haven't bought a license
(i.e. the licensed version) you are bound by the restrictions of the
"license agreement" means this document. This license agreement is a
legal agreement between you (individual or a legal entity) and
the VitalTech Group.
2. The SOFTWARE is licensed, not sold.
3. GRANT OF LICENSE.
1. Unlicensed version
Allows you to use IOSLoaderPro in an unlimited amount of computers.
A commercial entity may use the Software without charge for fourteen (14)
days from the day that you install the Software. You must pay the license
fee and register your copy to continue to use the Software after the
fourteen (14) day evaluation period. To pay the license fee and register
your copy, you should visit www.vitaltech-group.com.
2. Licensed version
When you purchase a license you will be provided with a license key.
You should enter the license key as prompted by the Software. The licensed
Software may be used by the number of users indicated in your license
key and on our invoice. If the Software is installed on a terminal/network
server or other storage device, you must purchase a license for each user
who use the Software. A license for the Software may not be shared by
alternating use of the Software between different users.
For each user a license has been purchased can make and use one copy of the
Software on his or her portable computer. You may also make one copy of the
Software for back-up or archival purposes. Otherwise, you may not copy the
Software in whole or in part.
You may permanently transfer all of your rights under this license provided
you transfer all copies of the Software and the recipient agrees to the terms
of this license.
There are 4 basic types of licenses issued for IOSLoaderPro, these are:
a. A SINGLE user license. The user purchases a single license for the
use of IOSLoaderPro by a single user.
b. A MULTIPLE user license. The user purchases a single license for
the use of IOSLoaderPro, by the purchaser, the purchaser's employees
or accredited agents. The license can be used by the number of
users the license was issued to.
c. A SITE license. The user purchases a single license, authorizing
the use of IOSLoaderPro, by the purchaser, the purchaser's employees
or accredited agents, on an unlimited number of computers at the
same physical SITE location. This SITE location would normally be
defined as a single building, but could be considered to be a number
of buildings within the same, general, geographical location, such
as an industrial estate or small town.
d. A CORPORATE, NATIONAL or INTERNATIONAL license. The user purchases
a single license, authorizing the use of IOSLoaderPro, by the purchaser,
the purchaser's employees or accredited agents, on an unlimited
number of computers, regardless of location, but owned or under the
control of the purchaser.
4. DISTRIBUTION. You are hereby licensed to make copies of the SOFTWARE as you
wish; give exact copies of the original SOFTWARE to anyone; and distribute the
SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware
distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for
the package, but you must not represent in any way that you are selling the
SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you to any
compensation from the VitalTech Group. You must distribute a copy of this EULA
with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is
subject to this EULA.
5. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the
SOFTWARE, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. You may not rent,
lease, or lend the SOFTWARE. You may permanently transfer all of your rights
under this EULA, provided the recipient agrees to the terms of this EULA. You
may not use the SOFTWARE to perform any unauthorized transfer of information
(e.g. transfer of files in violation of a copyright) or for any illegal purpose.
6. SUPPORT SERVICES. The VitalTech Group may provide you with support services
related to the SOFTWARE. Use of Support Services is governed by the VitalTech
Group polices and programs described in online documentation, and/or other materials
provided by the VitalTech Group, as they may be modified from time to time.
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 VitalTech Group as part of the Support
Services, the VitalTech Group may use such information for its business purposes,
including for product support and development. The VitalTech Group will not utilize such
technical information in a form that personally identifies you.
7. TERMINATION. Without prejudice to any other rights, the VitalTech Group may
terminate this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the SOFTWARE.
8. COPYRIGHT. The SOFTWARE is protected by copyright laws and international
treaty provisions. You acknowledge that no title to the intellectual property in
the SOFTWARE is transferred to you. You further acknowledge that title and full
ownership rights to the SOFTWARE will remain the exclusive property of the
VitalTech Group and you will not acquire any rights to the SOFTWARE except as
expressly set forth in this license. You agree that any copies of the SOFTWARE
will contain the same proprietary notices which appear on and in the SOFTWARE.
9. NO WARRANTIES. The VitalTech Group 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 OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE REMAINS WITH YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE VITALTECH GROUP OR ITS
SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF
THE SOFTWARE, EVEN IF THE VITALTECH GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY EVENT, THE VITALTECH GROUP'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE
GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
11. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you
desire to contact the VitalTech Group for any reason, please contact by
electronic mail at: email@example.com.