End user agreement for E Power Wrap Ebook Compiler Software
Copyright © 2010 E-POWER-WRAP.COM
END-USER LICENSE AGREEMENT-FOR ALL SOFTWARE PRODUCT.
IMPORTANT - READ CAREFULLY: This E-POWER-WRAP.COM End-User License Agreement ("EULA") is a legal agreement between you, ("The End User") and E-POWER-WRAP.COM for all E-POWER-WRAP.COM products.including software and documentation contained in the installation file.
E-POWER-WRAP.COM grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE PRODUCT for the sole purpose of developing and testing 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 PRODUCT in the manner provided herein.
By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT. Immediately return it to place of purchase for a full refund.
All SOFTWARE PRODUCT are licensed, not sold.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS : If the licensed right of use for this SOFTWARE PRODUCT is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any E-POWER-WRAP.COM intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local and international law.
1. GRANT OF LICENSE : This EULA, if legally executed as defined herein, licenses and so grants the single individual The End User the following rights:
SOFTWARE PRODUCT: You may install and use one copy of the SOFTWARE PRODUCT, 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 PRODUCT is installed may make a second copy only for backup purposes.
(a) Storage/Network Use: You, as The End User, may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computer over an internal network; however, The End User must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers by more than one User.
EVALUATION LICENSE: E-POWER-WRAP.COM may provide an evaluation version of SOFTWARE PRODUCT. If using an evaluation version of the SOFTWARE PRODUCT, The End User is granted a License for a period of only THIRTY (30) days after installation of the evaluation version of the SOFTWARE PRODUCT ("Evaluation Period"). After the Evaluation Period, The End User shall either (i) delete the SOFTWARE PRODUCT and all related Documentation from ALL computers onto which it was installed or copied, or (ii) contact E-POWER-WRAP.COM or one of its authorized resellers to purchase the SOFTWARE PRODUCT. The End User may use the evaluation version of the SOFTWARE PRODUCT for evaluation purposes only. The End User may not distribute ANY of the files, in any form or manner, provided with the evaluation version of the SOFTWARE PRODUCT to ANY PARTIES, unless authorised by E-POWER-WRAP.COM.
Any SOFTWARE PRODUCT supplied with an Evaluation Licence may also automatically expire after the 30-day evaluation period. Such software will advise The End User about the remaining duration of the evaluation period with each use.
The End User may not reverse-engineer, disassemble or decompile the SOFTWARE PRODUCT, nor modify the SOFTWARE PRODUCT with a view to extending the Evaluation Licence beyond the normal evaluation period.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
2. Not for Resale Software: If the SOFTWARE PRODUCT is labelled and provided as "Not for Resale" or "NFR", then, notwithstanding other sections of this EULA, you may not resell, distribute, or otherwise transfer for value or benefit in any manner, the SOFTWARE PRODUCT or any derivative work using the SOFTWARE PRODUCT. You may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE PRODUCT, media or documentation. This also applies to any and all intermediate files, source code, and compiled executables.
3. Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the SOFTWARE PRODUCT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE PRODUCT or any of its constituent parts and redistributables to the fullest extent of all applicable local, UK 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.
4. Separation of Components, their constituent parts and Redistributables: The SOFTWARE PRODUCT is licensed as a single PRODUCT(s). The SOFTWARE PRODUCT and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by The End User. The provision of source code, if included with the SOFTWARE PRODUCT, 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. All E-POWER-WRAP.COM libraries, source code, redistributables and other files remain E-POWER-WRAP.COM's exclusive property. You may not distribute any files, except those that E-POWER-WRAP.COM has expressly designated as Redistributable.
E-POWER-WRAP.COM PRODUCT(s) may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. Redistributables include, for example, those files identified in printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the SOFTWARE PRODUCT (if any). In any event, the Redistributables for the SOFTWARE PRODUCT are only those files specifically designated as such by E-POWER-WRAP.COM. Subject to all of the terms and conditions in this EULA, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the SOFTWARE PRODUCT or the copy transferred to a single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that you have created using the SOFTWARE PRODUCT. Under no circumstances may any copies of Redistributables be distributed separately.
REDISTRIBUTABLES: The following file is the only file considered as redistributable under this EULA:
Our product's files that are described in the REDISTRIBUTABLES section of the product specific EULA as REDISTRIBUTABLES, that gets installed when you install any of our products.
YOU ARE NOT AUTHORIZED TO REDISTRIBUTE ANY OTHER FILE OR FILES CONTAINED IN THE SOFTWARE PRODUCT.
YOU ARE ALSO NOT AUTHORISED TO REDISTRIBUTE ANY OTHER FILE OR FILES SUPPLIED TO YOU ALONG WITH THE SOFTWARE PRODUCT.
IF YOU ARE USING THE EVALUATION VERSION OF THE SOFTWARE PRODUCT, YOU ARE PROHIBITED FROM REDISTRIBUTING ANY OF THE FILES CONTAINED IN (OR SUPPLIED WITH) THE SOFTWARE PRODUCT UNLESS EXPRESSLY AUTHORISED BY E-POWER-WRAP.COM.
5. Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT.
SOFTWARE PRODUCT Transfer: You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, redistributables, and/or other files of the SOFTWARE PRODUCT (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed The End User have the right to use the libraries, redistributables, or other files of the SOFTWARE PRODUCT (or any portions thereof) for developing programs created with the SOFTWARE PRODUCT. In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any E-POWER-WRAP.COM documentation without E-POWER-WRAP.COM's explicit permission.
6. Termination: Without prejudice to any other rights or remedies, E-POWER-WRAP.COM will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE PRODUCT developed by you, whether in native, altered or compiled state.
7. Additional Restrictions: Distribution by the Licensee of any design-time tools (EXE's OCX's or DLL's), executables, and source code distributed to The End User by E-POWER-WRAP.COM as part of this SOFTWARE PRODUCT and not explicitly identified as a redistributable file is strictly prohibited. Redistribution by Licensee's users of E-POWER-WRAP.COM's DLLs and OCXs or Licensee modified version of E-POWER-WRAP.COM redistributable files without an appropriate redistribution license obtained from E-POWER-WRAP.COM is strictly prohibited.
The End User shall not develop software applications that provide an application programming interface to the SOFTWARE PRODUCT or the SOFTWARE PRODUCT as modified.
The End User may NOT distribute the SOFTWARE PRODUCT, in any format, to other users for development or application compilation purposes. Specifically, if The End User creates a control using the SOFTWARE PRODUCT as a constituent control, The End User may NOT distribute the control created with the SOFTWARE PRODUCT (in any format) to users to be used at design time and or for ANY development purposes.
YOU MAY NOT CREATE ANY TOOL OR SOFTWARE PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE PRODUCT WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE PRODUCT.
8. UPGRADES: If the SOFTWARE PRODUCT is labelled as an upgrade, you must be properly licensed to use a PRODUCT(s) identified by E-POWER-WRAP.COM as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labelled as an upgrade replaces and/or supplements the SOFTWARE PRODUCT that formed the basis for your eligibility for the upgrade, and together constitute a single PRODUCT. You may use the resulting upgraded PRODUCT only in accordance with all the terms of this EULA.
9. COPYRIGHT: All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT the accompanying printed materials, and any copies of the SOFTWARE PRODUCT) are owned by E-POWER-WRAP.COM or its subsidiaries. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT 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 PRODUCT.
10. DUAL-MEDIA SOFTWARE PRODUCT: You may receive the SOFTWARE PRODUCT on more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, sell, rent, lease, or otherwise transfer in any manner the other medium to another user or entity.
11. Installation and Use: The license granted in this EULA for you to create your own programs and distribute your programs and the Redistributables (if any), is subject to all of the following conditions:
a) (i) all copies of the programs you create must bear a valid copyright notice, either your own or the E-POWER-WRAP.COM copyright notice that appears on the SOFTWARE PRODUCT;
(ii) you may not remove or alter any E-POWER-WRAP.COM copyright, trademark or other proprietary rights notice contained in any portion of E-POWER-WRAP.COM libraries, source code, Redistributables or other files that bear such a notice;
(iii) E-POWER-WRAP.COM provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the SOFTWARE PRODUCT, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact E-POWER-WRAP.COM for such services or assistance;
(iv) you will indemnify and hold E-POWER-WRAP.COM, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs;
(v) your programs containing E-POWER-WRAP.COM SOFTWARE PRODUCT must be written using a licensed, registered copy of the SOFTWARE PRODUCT;
(vi) your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, code, Redistributables or other files of the SOFTWARE PRODUCT;
(vii) you may not use E-POWER-WRAP.COM's or any of its suppliers' names, logos, or trademarks to market your programs.
EXPORT RESTRICTIONS: E-POWER-WRAP.COM expressly complies with all export restrictions imposed by the government of the United Kingdom. You, as The End User, must agree not to export or re-export the SOFTWARE PRODUCT within any created application to any country, person, entity or The End User subject to UK export restrictions.
NO WARRANTIES: E-POWER-WRAP.COM expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT 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 PRODUCT REMAINS WITH YOU. To the maximum extent permitted by applicable law, in no event shall E-POWER-WRAP.COM 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 PRODUCT or the provision of or failure to provide Support Services, even if E-POWER-WRAP.COM has been advised of the possibility of such damages.
E-POWER-WRAP.COM's entire liability and your exclusive remedy shall be, at E-POWER-WRAP.COM's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet E-POWER-WRAP.COM's Limited Warranty and which is returned to E-POWER-WRAP.COM with a copy of your receipt. DO NOT RETURN ANY PRODUCT(S) UNTIL YOU HAVE CONTACTED E-POWER-WRAP.COM AND OBTAINED A RETURN AUTHORIZATION CODE.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication.
SOFTWARE PRODUCT Transfer: You may NOT permanently transfer ANY of your rights under this EULA.
MISCELLANEOUS: This EULA shall be construed, interpreted and governed by the laws of the United Kingdom.
E-POWER-WRAP.COM reserves all rights not specifically granted in this EULA.
GENERAL PROVISIONS: This EULA may only be modified in writing signed by you and an authorized officer of E-POWER-WRAP.COM. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
If this PRODUCT was acquired outside the United Kingdom, then you, as The End User, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, you, as The End User, agree that any local law(s) to the benefit and protection of E-POWER-WRAP.COM ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.
ACKNOWLEDGEMENTS: The End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact E-POWER-WRAP.COM for any reason, please visit