End user agreement for fpHelp Builder for SharePoint Designer
END-USER LICENSE AGREEMENT FOR FPHELP BUILDER SOFTWARE
IMPORTANT-READ CAREFULLY: This End User License Agreement (this "EULA") contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains material limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.
I. THIS EULA.
1. Software Covered by this EULA. This EULA governs your use of the OLSOFT software product(s) enclosed or otherwise accompanied herewith (individually and collectively, the "SOFTWARE"). The term "SOFTWARE" includes, to the extent provided by OLSOFT: 1) any revisions, updates and/or upgrades thereto; 2) any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products; 3) anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE; and 4) any associated media, documentation (including physical, electronic and on-line) and printed materials (the "Documentation").
2. This EULA is a legally Binding Agreement between You and OLSOFT. If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then "you" and "your" mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of federal and State laws, such as copyright infringement.
This EULA is a legally binding agreement between you and OLSOFT. You intend to be legally bound to this EULA to the same extent as if OLSOFT and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE. If, for whatever reason, installation has begun or has been completed, you should cancel installation or un-install the SOFTWARE, as the case may be. (You may click on the "exit" button or its equivalent to immediately abort installation.) If you do not agree to all of these terms and conditions, then you must promptly return the SOFTWARE to the place of business from which you obtained it in accordance with any return policies of such place of business. Return policies may vary between or among resellers, and you must comply with your particular reseller's return policies as agreed at the point of purchase. If the place of business from which you purchased the SOFTWARE does not honor a complete refund for a period of thirty (30) days from the date of proof of purchase, then you may return the SOFTWARE directly to OLSOFT for a period of thirty (30) days from the date of your purchase. To return the product directly to OLSOFT, you must obtain an OLSOFT Return Authorization Number by contacting OLSOFT, and you must forward all items purchased, including the proof of purchase, directly to OLSOFT. The return must be postage-prepaid, and post-marked within thirty (30) days from the proof of purchase, time being of the essence. The return option to OLSOFT is only available to the original purchaser of an unopened factory packaged item.
II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.
As provided in more detail below, this EULA grants you two licenses: 1) a license to use the SOFTWARE to develop Windows HTML Helps (CHM files) products (the "Development License"); and 2) a license to use and/or distribute the Developed HTML Helps (CHM files) products (the "Distribution License"). Both of these licenses (individually and collectively, the "Licenses") are explained and defined in more detail below.
1. Definitions. The following terms have the respective meanings as used in this EULA:
"Network Server" means a computer with one or more computer central processing units (CPU's) that operates for the purpose of serving other computers logically or physically connected to it, including, but not limited to, other computers connected to it on an internal network, intranet or the Internet. "Web Server" means a type of Network Server that serves other computers more particularly connected to it over an intranet or the Internet.
"Developed Software" means those computer software products that are developed by or through the use of the SOFTWARE. "Redistributable Files" means the SOFTWARE files or other portions of the SOFTWARE that are provided by OLSOFT and are identified as such in the Documentation for distribution by you with the Developed Software. "Developer" means a human being or any other automated device using the SOFTWARE in accordance with the terms and conditions of this EULA.
"Developer Seat License" means that each Developer using or otherwise accessing the programmatic interface or the SOFTWARE must obtain the right to do so by purchasing a separate End User License. "Network Server CPU License" means that a separate End User License must be purchased for each CPU operating the computer software at issue in the reference.
“Source Code” shall mean computer software code or programs in human readable format, such as a printed listing of such a program written in a high-level computer language. The term "Source Code" includes, but is not limited to, documents and materials in support of the development effort of the SOFTWARE, such as flow charts, pseudo code and program notes.
2. Your Development License. You are hereby granted a limited, royalty-free, non-exclusive right to use the SOFTWARE to design, develop, and test Developed Software (HTML Helps - CHM files), on the express condition that, and only for so long as, you fully comply with all terms and conditions of this EULA.
The SOFTWARE is licensed to you on a Developer Seat License basis.
The Developer Seat License means that you may perform a single install of the SOFTWARE for use in designing, testing and creating Developed Software by a single Developer on a single computer with a single set of input devices, so long as such computer is used only by one Developer. Conversely, you may not install or use the SOFTWARE on a computer that is a network server or a computer at which the SOFTWARE is used by more than one Developer. You may not network the SOFTWARE or any component part of it, where it is or may be used by more than one Developer unless you purchase an additional Development License for each Developer. You must purchase another separate license to the SOFTWARE in order to add additional developer seats, whether the additional developers are accessing the SOFTWARE in a stand-alone environment or on a computer network. If the SOFTWARE is used to create Developed Web Server Software, then you may perform a single install of the SOFTWARE for use in designing, testing and creating Developed Web Server Software by a single Developer on a single computer or Network Server, either with a single CPU only. An additional Network Server CPU License is required for each additional CPU on the single computer or Network Server, as the case may be, upon which the SOFTWARE and/or the Developed Web Server Software is installed and a separate license for each separate computer. That is, for Developed Web Server Software, if the computer or Network Server operating the SOFTWARE has 2 CPU's, then you would need to purchase one additional Network Server CPU License (beyond the one Developer Seat License granted in this EULA).
In all cases, you may not use OLSOFT's name, logo, or trademarks to market your Developed Software without the express written consent of OLSOFT; (b) you must include the following OLSOFT copyright notice in your Developed Software documentation and/or in the "About Box" of your Developed Software, and wherever the copyright/rights notice is located in the Developed Software (“Portions Copyright © OLSOFT 1991-2007. All Rights Reserved.”); (c) agree to indemnify, hold harmless, and defend OLSOFT, its suppliers and resellers, from and against any claims or lawsuits, including attorney's fees that may arise from the use or distribution of your Developed Software; (d) you may use the SOFTWARE only to create Developed Software that is significantly different than the SOFTWARE.
3. Your Distribution License.
a. License to Distribute Developed Legacy Software. Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Legacy Software on a royalty-free basis, provided that the Developed Legacy Software incorporates the SOFTWARE as an integral part of the Developed Software in machine-language compiled format (customarily a ".chm", etc.). You may not distribute, bundle, wrap or subclass the SOFTWARE as Developed Software which, when used in a "design time" development environment, exposes the programmatic interface of the SOFTWARE.
b. License to Distribute Developed Web Server Software. Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Web Server Software, provided that you must purchase one Network CPU License for each CPU operating the Developed Web Server Software (and/or Redistributable Files called or otherwise used directly by the Developed Web Server Software). You may purchase an additional Network CPU License by purchasing an additional separate End User License for the SOFTWARE; one Network CPU License is included in this EULA. Notwithstanding the foregoing, however, you may distribute or transfer, free of royalties, the Redistributable Files (and/or any Developed Legacy Software) to the extent that they are used separately on a single CPU on the client/workstation side of the network served by the Web Server.
4. Updates/Upgrades; fpHelp Subscription. Subject to the terms and conditions of this EULA, the Licenses are perpetual. Updates and upgrades to the SOFTWARE may be provided by OLSOFT from time-to-time, and, if so provided by OLSOFT, are provided upon the terms and conditions offered at that time by OLSOFT in its sole discretion. OLSOFT may provide updates and upgrades to the SOFTWARE for free or for any charge, at any time or never, and through its chosen manner of access and distribution, all in OLSOFT’s sole and complete discretion.
6. Serial Number. Within the packaging of the SOFTWARE, a unique serial number (the "Serial Number" or “Software Key”) is included, which allows for the registration of the SOFTWARE. The Serial Number is subject to the restrictions set forth in this EULA and may not be disclosed or distributed either with your Developed Software or in any other way. The disclosure or distribution of the Serial Number shall constitute a breach of this EULA, the effect of which shall be the automatic termination and revocation of all the rights granted herein.
7. Evaluation Copy. If you are using an "evaluation copy" or similar version, specifically designated as such by OLSOFT on its website or otherwise, then the Licenses are limited as follows: a) you are granted a license to use the SOFTWARE for a period of ten (10) days counted from the day of installation (the "Evaluation Period"); b) upon completion of the Evaluation Period, you shall either i) delete the SOFTWARE from the computer containing the installation, or you may ii) contact OLSOFT or one of its authorized dealers to purchase a license of the SOFTWARE, which is subject to the terms and limitations contained herein; and c) any Developed Software (Windows HTML Help or CHM files) may not be distributed or used for any commercial purpose.
III. INTELLECTUAL PROPERTY.
1. Copyright. You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual properties therein or related thereto are owned exclusively by OLSOFT, except to the limited extent that OLSOFT may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. OLSOFT reserves all rights not otherwise expressly and specifically granted to you in this EULA.