End user agreement for Evolution
FREE USE LICENSE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER: • YOU CLICK THE "ACCEPT" BUTTON, OR • YOU COPY, INSTALL, OR USE THIS COPY OF EVOLUTION SOFTWARE, OR • YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS EVOLUTION SOFTWARE. IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE. 1. SOFTWARE COVERED BY THIS LICENSE This license agreement ("Agreement") applies only to the version of the Evolution software package ("Evolution") with which this Agreement is included by the Association for Shareware Professionals ("DARWIN PRODUCTIONS"). Different license terms may apply to other software packages or other materials from DARWIN PRODUCTIONS, and license terms for later versions of Evolution may also be changed. 2. FREE USE LICENSE. (a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received Evolution in the form of an original Evolution distribution package as distributed by DARWIN PRODUCTIONS, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for Evolution are available from DARWIN PRODUCTIONS and DARWIN PRODUCTIONS-authorized Evolution distributors. Copies of Evolution not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others. (b) You may, free of charge: • install and use Evolution free of charge, for the purpose of creating, changing, storing, distributing and transmitting software description data files in PAD file format(s). • copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of Evolution to others, as long as it is deemed current by DARWIN PRODUCTIONS. • store, and distribute and transmit to others, the software description data files created in PAD file format(s) by proper use of this version of Evolution ("proper use" is defined below). • describe and designate the software description data files created in PAD file format(s) by proper use of this version of Evolution program ) to others as "PAD" or "Portable Application Description" files. "Proper use" of Evolution is use of the Evolution program fully in accordance with DARWIN PRODUCTIONS guidelines, as such guidelines may be changed, clarified or corrected by DARWIN PRODUCTIONS from time to time. If you have any questions as to proper use of this Evolution program, or other guidelines regarding use of the terms "PAD" or "Portable Application Description", you may contact DARWIN PRODUCTIONS via the contact information included in this Original Distribution Package. (c) You may not: • permit others to use this Evolution program unless they are properly licensed by DARWIN PRODUCTIONS, either under this Agreement or another agreement from DARWIN PRODUCTIONS. • modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this Evolution program. • copy Evolution except as described above. • sell or license copies of Evolution to others. • remove any proprietary notices or labels on Evolution or any other DARWIN PRODUCTIONS software. • use Evolution in or for High Risk Activities (defined below) (d) All rights not expressly granted by DARWIN PRODUCTIONS in this Agreement are entirely and exclusively reserved to DARWIN PRODUCTIONS. 4. SUPPORT. Evolution contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license. 5. PAD FILE FORMAT AND OTHER LICENSES. (a) The PAD file formats are data file formats that are owned by solely by DARWIN PRODUCTIONS, and specified and changed from time to time solely by DARWIN PRODUCTIONS. (b) This Evolution program, as distributed in this Original Distribution Package and when properly used as designated solely by DARWIN PRODUCTIONS, is intended to create data files in PAD file format(s) endorsed by DARWIN PRODUCTIONS at the time this Original Distribution Package was first made publicly available by DARWIN PRODUCTIONS. DARWIN PRODUCTIONS reserves the right to change any PAD file format at any time at its sole discretion. (c) You acknowledge and agree that it may become necessary to use software other than this version of Evolution to create files that may be referred to publicly by you or others as "PAD" or "Portable Application Description" files in the future. (d) If you wish to create PAD format files without using this Evolution software, there are other ways to do so. For instance, you may build your own data files in conformance with the then-current PAD file format specification(s) published by DARWIN PRODUCTIONS, and distribute those files under the free, general public license to use the PAD file format, as published by the DARWIN PRODUCTIONS. (e) All use and distribution of PAD format files is subject to license from the DARWIN PRODUCTIONS. If you have any questions as to current specifications or license terms for PAD file format(s) you may contact DARWIN PRODUCTIONS via the contact information included in this Original Distribution Package. 6. DISCLAIMER OF WARRANTY. DARWIN PRODUCTIONS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST EVOLUTION BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING EVOLUTION AND DISTRIBUTING FILES CREATED THROUGH USE OF EVOLUTION, AND THAT IF YOU USE EVOLUTION IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF EVOLUTION IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DARWIN PRODUCTIONS, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF EVOLUTION, FILES CREATED USING EVOLUTION, OR YOUR RELATIONSHIP WITH DARWIN PRODUCTIONS. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you. 8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. 9. TITLE. DARWIN PRODUCTIONS or its licensors own the Evolution software, all other materials in this Evolution Original Distribution Package, the PAD File Format, and the names and marks "DARWIN PRODUCTIONS", "PAD", "Portable Application Description" and "Evolution", under the copyright, trademark, and trade secret laws and all other laws that may apply. 10. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the Evolution software and all other materials in this Evolution Original Distribution Package and, at DARWIN PRODUCTIONS’ sole discretion, any or all of the files created by you using Evolution and distributed to others. 11. HIGH RISK ACTIVITIES. Evolution is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Evolution could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). DARWIN PRODUCTIONS and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 12. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and DARWIN PRODUCTIONS. Waiver by DARWIN PRODUCTIONS of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to Evolution or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to DARWIN PRODUCTIONS or the matters in this Agreement shall be exclusively in courts located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by DARWIN PRODUCTIONS herein.