End user agreement for Virtual Tree
READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
By installing the Infralution VirtualTree software (hereinafter "the Software" or "Software"), you are accepting the following Licence Agreement.
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity) and Infralution for the software product identified above, which may include user documentation provided in online or electronic form. 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.
1. GRANT OF LICENCE.
Infralution grants to you as an individual or entity a non-exclusive Licence to make and use copies of the SOFTWARE in the manner provided below. The software is licensed, not sold.
(a) Evaluation Licence.
Infralution grants to you as an individual, a personal, nonexclusive licence to install the SOFTWARE for the sole purposes of evaluating the SOFTWARE. You may evaluate the SOFTWARE for a period of thirty (30) days. After this period, you shall either (i) delete the SOFTWARE and all related documentation from all computers onto which it was installed or copied, or (ii) purchase a registered licence from Infralution or one of its authorized suppliers to purchase the SOFTWARE. You may not under the terms of the evaluation licence distribute any portion of the SOFTWARE or products generated using the SOFTWARE.
(b) Registered Licence.
After you have purchased the licence for the SOFTWARE, and have received a registration code enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licences purchased and activate the SOFTWARE using the supplied registration code. The primary user of the computer on which each registered copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a second computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate licence fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make copies of the SOFTWARE for backup or archival purposes. You have a royalty-free right to distribute the portions of the SOFTWARE designated as "Redistributable Code" under the terms below.
(c) Source Code Licence
If you purchase a license for the SOFTWARE source code neither the source code nor modified source code may be distributed by you to any third party under any circumstances. The Software source code must be protected as you would your own and you expressly and unequivocally agree to be bound by the acts of your employees and agents and the terms of the RESTRICTIONS section below. You may modify the Software source code, however such modifications do not constitute ownership of the source code. Modifications to the Software source code may not be sold, transferred or published in any manner whatsoever. You may distribute the portions of the compiled modified SOFTWARE designated as "Redistributable Code" under the terms below. Infralution retains all right, title and interest in and to the SOFTWARE source code. Licensing of the SOFTWARE source code does not constitute a transfer of ownership under the terms of this agreement, and the SOFTWARE remains owned and copyrighted by Infralution.
You acknowledge that the SOFTWARE source code is licensed "AS-IS", without warranty of any kind, and agree that Infralution is under no obligation to provide technical support for any original or modified SOFTWARE source code.
2. REDISTRIBUTABLE CODE
Portions of the software are designated as "Redistributable Code". The Software documentation describes the files and Redistributable rights associated with each file of the Redistributable Code, subject to the requirements described below. You have a royalty-free right to distribute the portions of the SOFTWARE designated as "Redistributable Code" only if:
(a) You have purchased a licence for the SOFTWARE and have received a registration code enabling the registered copy of the SOFTWARE.
(b) You distribute only the portions of the SOFTWARE designated as "Redistributable Code".
(c) You use and distribute the "Redistributable Code" only in conjunction with the binary files that make use of them as a part of your software product.
(d) Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE;
(e) You do not expose, document or make public the SOFTWARE API (Application Programming Interface);
(f) Your end users are not allowed to use the SOFTWARE for development purposes or further redistribution and deployment.
(g) You do not wrap or distribute the SOFTWARE in a component that can be used for development purposes on any application, tool, environment or container.
(h) Your software product may not, in the reasonable opinion of Infralution, compete with an Infralution. product.
(i) You agree to indemnify, hold harmless, and defend Infralution and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.
You must not redistribute the registration codes provided, neither on paper nor electronically.
You must not redistribute any original or modified source code file or any portion of the source code contained within the files. You agree not to use the knowledge adquired from the source code in order to develop for yourself or any third party any program that is similar to or competitive with the Software. You are not allowed to port the source code to other programming languages.
You may not reverse engineer copy, duplicate or distribute the licence schema that is needed to use the SOFTWARE in a design, development or runtime environment. You may not disassemble, decompile or reverse engineer the SOFTWARE or any portions of it.
You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and registration codes and retain none, and the recipient agrees to the terms of this EULA.
Without prejudice to any other rights, Infralution 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. You may terminate this licence at any time by destroying the original and all copies of the SOFTWARE in whatever form.
The SOFTWARE is owned by Infralution and is protected by Australian copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE (if any), nor print copies of any user documentation provided in on-line or electronic form.
6. LIMITED WARRANTY
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE AUTHOR or AUTHORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENCE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL INFRALUTION 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 INFRALUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, INFRALUTION'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENCE FEE PAID BY YOU.