End user agreement for VISOCO dbExpress driver for Sybase ASE (Win32 version)
VISOCO SOFTWARE, DBEXPRESS DRIVER FOR SYBASE ASE
END-USER LICENSE AGREEMENT - SINGLE DEVELOPER LICENSE
You should carefully read the following terms and conditions before installing the software. By installing the software you indicate your acceptance of these terms and conditions.
This VISOCO Software ("VISOCO") End-User License Agreement ("EULA") is a legal agreement between you, an individual software developer ("DEVELOPER") and VISOCO for all VISOCO SOFTWARE identified above and including components, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE") contained in this installation file.
VISOCO grants to you as an individual, 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. If you are an entity, you must designate one individual within your organization to license the right to use the SOFTWARE in the manner provided herein.
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. Immediately return it to place of purchase for a full refund.
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. The primary user of the computer on which the SOFTWARE is installed may make two additional copies of the SOFTWARE: a second copy for his or her exclusive use on a portable computer and a third copy for his or her exclusive use on a home computer. You acknowledge and agree that the SOFTWARE in source code form remains a confidential trade secret of VISOCO.
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 license agreement), 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 VISOCO.
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 VISOCO. 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.
Distributables. ONLY THE LEGALLY REGISTERED DEVELOPER IS LICENSED TO DISTRIBUTE ROYALTY-FREE VISOCO'S SOFTWARE AND ALL ACCOMPANYING VCL CONTROLS AS PART OF AN EXECUTABLE PROGRAM ONLY, subject to all of the conditions of this agreement.
Creating new components. You may use the SOFTWARE and related source code to create new VCL components for your company's internal use ONLY. THE SOURCE CODE, PACKAGES, LIBRARIES AND ALL RESULTING INTERMEDIATE FILES (DCU, OBJ, DLL, ETC.) ARE CONFIDENTIAL AND PROPRIETARY TRADE SECRETS OF VISOCO. YOU MAY NOT CREATE NEW 'VCL' COMPONENTS OR 'ACTIVE X' COMPONENTS, or ANY OTHER COMPONENT ARCHITECTURE, INCLUDING DLLs, FOR DISTRIBUTION OUTSIDE OF YOUR COMPANY IN ANY FORM, MANNER OR MEDIA OR USING ANY DISTRIBUTION CHANNEL, WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE AND ITS RELATED SOURCE CODE.
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 VISOCO 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.
NO WARRANTIES. VISOCO 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 VISOCO 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 VISOCO has been advised of the possibility of such damages.
VISOCO may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the VISOCO policies and programs described in the user manual, in "on line" documentation and/or other VISOCO-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 VISOCO as part of the Support Services, VISOCO may use such information for its business purposes, including for SOFTWARE support and development. VISOCO will not utilize such technical information in a form that personally identifies you.
VISOCO's and its suppliers' entire liability and your exclusive remedy shall be, at VISOCO's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet VISOCO's Limited Warranty and which is returned to VISOCO 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. Should you have any questions regarding this agreement, you may contact VISOCO by writing to firstname.lastname@example.org.
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) 2001-2004 VISOCO Software. ALL RIGHTS RESERVED.