End user agreement for ESBPCS-Calcs for VCL
ESBPCS(TM) for VCL v6.5.0
Released: 11 September 2014
Copyright (c) 1999-2014 ESB Consultancy
ESB Professional Computation Suite for Embarcadero (formerly CodeGear/Borland) Delphi & C++ Builder
For use in VCL Applications
You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by ESB Consultancy your use of this software indicates your acceptance of this license agreement and warranty.
The License that follows apply to ESBPCS for VCL and the various Subsets available, including ESBPCS-Lite for VCL, ESBPCS-Calcs for VCL, ESBPCS-Dates for VCL and ESBPCS-Stats for VCL.
This software is owned by ESB Consultancy and is protected by Australian Copyright Law and International Copyright Treaty. This License Agreement gives you use of the software not ownership of it.
One registered copy of ESBPCS for VCL may either be used by a single developer who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both.
You may access the registered version of ESBPCS for VCL through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if 8 different workstations will access ESBPCS for VCL on the network, each workstation must have its own ESBPCS for VCL license, regardless of whether they use ESBPCS for VCL at different times or concurrently.
5 and 10 Developer Licensing is available and we are happy to work out any licensing arrangements with a given company.
You may not use ESBPCS for VCL in Embarcadero (formerly CodeGear/Borland) Delphi or Embarcadero (formerly CodeGear/Borland) C++ Builder Libraries that are sold or supplied to Developers without the express written permission of ESB Consultancy. Whilst Registered Users have Royalty Free rights to use ESBPCS for VCL in their Applications, this does not extend to the creation of DLLs, OCXs, BPLs or other form of Libraries that are aimed at Developers.
You may not distribute the ESBPCS for VCL source code in any form to anyone else. If your clients require full source code then they must purchase the appropriate Developer Licenses.
ESB Consultancy is always opened to negotiation when it comes to Licensing.
30 DAY MONEY BACK GUARANTEE
ESB Consultancy offer a 30 day unconditional money back guarantee. If, for any reason, you are dissatisfied with this product you may, within thirty days return the product (by completely removing all copies from your hard disks and backups) and receive a full refund to the value of the price of the product. This money back guarantee does not include and specifically excludes the cost of postage, packing, handling by external companies and currency exchange costs and fluctuations. You may be required to provide proof of purchase when seeking this guarantee.
Disclaimer of Warranty
Beyond the ESB Consultancy 30 day unconditional money back guarantee, ESB Consultancy and/or its agents sell this software and the accompanying files "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied and total liability will be, in any case, limited to the cost of the software registered or to a maximum of $100AUD - whichever is the greater.
Because of the various hardware and software environments into which ESBPCS for VCL may be put, no warranty of fitness for a particular purpose is offered.
Good data processing procedure dictates that any package be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the package. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price.
Some states and/or countries do not allow exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period a registration fee is required.
Registration Payments must be made according to the accompanying Registration Documents. When payment is received you will be sent details on obtaining the Registered Version which includes Full Source.
The Trial/Evaluation Version cannot be used in Applications that are distributed to others, be they free, shareware or commercial. You can only use ESBPCS for VCL in your Applications that others use if you have the appropriate Developer Licenses.
Unregistered use of ESBPCS for VCL Trial/Registered Edition after the 30-day evaluation period is in violation of National and International Copyright Laws.
If you would like an extension to the Evaluation Period, please contact us.
Provided that you are distributing the Trial/Evaluation Version and NOT the Registered version, you are hereby licensed to make as many copies of the Trial/Evaluation Version of this Software and documentation as you wish; give exact copies of the original Trial/Evaluation Version to anyone; and distribute the Trial/Evaluation Version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written approval.
ESB Consultancy will normally give permission for their software to be included on CD or DVD provided ESB Consultancy is notified, the price of the CD or DVD are fair, and the distributor of the CD or DVD clearly indicates the Shareware and/or Evaluation nature of the contents.
Transfer of License
Unauthorised transfer (to sell or give away) of your Developer License and/or Registration Code is also in violation of this License Agreement. Arrangements can be made with ESB Consultancy to transfer Registration in situations that are fair and equitable
This license agreement shall be bound by the governing laws of Western Australia.
For more info contact:
PO Box 2259
Boulder WA 6432
Fax: (08) 9093 2220 (AUSTRALIA) +61-8-9093-2220 (Rest of the World)