End user agreement for JFrameBuilder
Mars Microsystems Company Agreement for JFrameBuilder
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. By clicking "Accept", you and your employer and any entity with which you may be affiliated (collectively, "You" or "Your") are consenting to be bound by this agreement ("Agreement"). If you do not agree with all of the terms of this Agreement, do not accept the Agreement and the installation process will stop. If you have any questions, you may contact Mars Microsystems Company by e-mail at firstname.lastname@example.org.
1.1. Mars Microsystems Company is located in Sydney, Australia. Our web address is www.mars3000.com. We can also be contacted by e-mail at email@example.com.
1.2. "Software" means all software provided to you by Mars Microsystems Company in Java byte code or machine code format only, and all associated files, including, without limitation, any Documentation, in any and all versions which Mars Microsystems Company in its sole option elects to provide to you, unless such subsequent version(s) are governed by a different license agreement.
1.3. "Documentation" means the written or on-line instructions, help information, and other reference materials related to the Software, provided to you by Mars Microsystems Company.
1.4. "Licensed" Software means a copy of the Software for which you have paid all applicable fees and received a license number from Mars Microsystems Company or from an authorized reseller of the Software.
1.5. "Unlicensed" Software means a copy of the Software for which you have not paid all of the applicable fees.
2. GRANT OF LICENSE
2.1. License Grant. Upon Your acceptance and subject to all of the terms and conditions of this Agreement, Mars Microsystems Company hereby grants you a exclusive, non-transferable, perpetual license (unless terminated as provided herein) to:
(a) save and use one copy of the Software on the hard disk of a single computer;
(b) make one copy of the Software for archival purposes.
2.2. Limitations On Licenses. Except as expressly authorized in Section 2.1, you and/or any person(s) acting with or for you may not:
(a) directly or indirectly sell, lease, rent, license, sublicense, redistribute, lend, give, transfer or otherwise distribute or use the Software;
(b) modify, translate, or create derivative works from the Software;
(c) decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software or any subsequent version thereof or any part thereof; or,
(d) install and run the Software from a network server, or use the Software on different computers, unless you acquire a license for each separate computer on which the Software runs.
2.3. Source Code. Nothing in this Agreement grants you and/or any person(s) acting with or for you any rights, license or interest with respect to the source code of the Software.
2.4. Software Updates. You may upgrade the Software without charge up to, and including, the future version specified at the time of purchase of the Software.
3. OWNERSHIP/PROPRIETARY RIGHTS
3.1. Ownership. Your rights in and to the Software are solely as set forth in Section 2, and do not include any rights of ownership. You agree that Mars Microsystems Company (or its suppliers) owns all rights, title and interest (including, but not limited to, ideas, know-how, copyright, patent, trade secret and other intellectual property rights) to the Software.
3.2. Intellectual Property Rights. The Software, the structure, organization and code embodied in the Software are the valuable and confidential trade secrets of Mars Microsystems Company and are protected by intellectual property laws and treaties. You agree to take all reasonable measures to protect Mars Microsystems Company's intellectual property rights and to abide by all applicable laws.
3.3. Copyright Notices. You agree not to remove, alter, or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software or any related materials.
3.4. Modifications. Mars Microsystems Company reserves the right to modify or discontinue the Software at any time without prior notice to or consent by you.
4. PRICE AND PAYMENT
You agree to pay all Software fees as of the date you purchase the then-available version of the Licensed Software. Mars Microsystems Company reserves the right to change its prices at any time or from time to time as solely determined by Mars Microsystems Company.
5. LIMITATION OF LIABILITY
5.1. EXCEPT AS EXPRESSLY STATED ABOVE, IN NO EVENT SHALL MARS MICROSYSTEMS COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR RESELLERS BE LIABLE FOR DAMAGES TO OR THROUGH YOU, OR ANY OTHER PERSON OR ENTITY FOR BREACH OF, ARISING UNDER, OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR SERVICE PROVIDED HEREUNDER, UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER LOSS) WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLEGENCE), STRICT LIABILITY OR OTHERWISE.
5.2. IN ANY CASE, MARS MICROSYSTEMS COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF ACTUAL, PROVEN DIRECT DAMAGES OR THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
6. PROTECTION FROM UNAUTHORIZED USE
Validation Procedure. IN ORDER TO PROTECT THE SOFTWARE FROM UNAUTHORIZED USE, THE SOFTWARE CONTAINS A VALIDATION PROCEDURE. IF THE SOFTWARE DETECTS ANY VIOLATION OF THE TERMS OF THIS AGREEMENT (SUCH AS, USING THE COPIES OF SOFTWARE ON MORE THAN ONE COMPUTERS), YOU MAY BE UNABLE TO PROPERLY USE THE SOFTWARE UNTIL THE PROBLEM IS CORRECTED. IF THIS OCCURS, YOU SHOULD IMMEDIATELY CONTACT MARS MICROSYSTEMS COMPANY.
7.1. This Agreement (and any licenses granted herein to you) will terminate immediately if you provide any false information to Mars Microsystems Company or if you fail to comply with the terms and conditions of this Agreement. You may terminate this Agreement at any time by notifying Mars Microsystems Company. Upon the termination of this Agreement, you must delete all copies of the Software from your computer and archives.
7.2. YOU AGREE THAT UPON TERMINATION OR YOUR BREACH OF THIS AGREEMENT FOR ANY REASON, MARS MICROSYSTEMS COMPANY MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS.