End user agreement for VanDyke ClientPack for Windows, Mac and UNIX
End-User License Agreement for VanDyke ClientPack 7.3 ("Software")
Copyright (c) 1995-2014 VanDyke Software, Inc.
All Rights Reserved.
AGREEMENT. After reading this agreement carefully, if you ("Customer") do
not agree to all of the terms of this agreement, you may not use this
Software. Unless you have a different license agreement signed by VanDyke
Software, Inc. that covers this copy of the Software, your use of this
Software indicates your acceptance of this license agreement and warranty.
All updates to the Software shall be considered part of the Software and
subject to the terms of this Agreement. Changes to this Agreement may
accompany updates to the Software, in which case by installing such update,
Customer accepts the terms of the Agreement as changed. The Agreement is
not otherwise subject to addition, amendment, modification, or exception
unless in writing signed by an officer of both Customer and VanDyke
This Software is owned by VanDyke Software, Inc. and is protected by
national copyright laws and international copyright treaties.
1. EXPORT LAW. This Software is subject to export control. The Software
may be transmitted, exported, or re-exported only under applicable export
laws and restrictions and regulations of the United States Bureau of
Industry and Security or foreign agencies or authorities. By downloading
or using the Software, you are agreeing to comply with export controls.
The Software may not be downloaded or otherwise exported or re-exported
to any country subject to U.S. trade sanctions governing the Software,
sanctioned countries including Cuba, Iran, Iraq, Libya, North Korea, Sudan
and Syria, or by citizens or residents of such countries except citizens
who are lawful permanent residents of countries not subject to such
sanctions, or by anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce Department's
Table of Denial Orders.
2. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you. You
are not obtaining title to the Software or any copyrights. You may not
sublicense, rent, lease, convey, modify, translate, convert to another
programming language, decompile, or disassemble the Software for any
purpose. The license may be transferred to another individual (not resold)
if you keep no copies of the Software. Permission must be obtained before
mirroring or redistributing the evaluation copies of the Software.
3. USE AND EVALUATION PERIOD. You may use one copy of this Software on
one client computer. A copy of this Software is considered in use when
loaded into temporary memory (i.e., RAM) and/or installed on a permanent
storage device (i.e., hard disk, CD-ROM, etc.). You may also use a copy
of the Software on a home or portable computer, provided only one copy
of the Software is in use at a time. You may use an evaluation copy of
the Software for only thirty (30) days in order to determine whether to
purchase the Software.
4. MULTI-COMPUTER LICENSES. If this is a multi-computer license, you may
make, install, and use additional copies of this Software up to the number
of copies authorized in your registration documentation. Unless you have a
terminal server license agreement signed by VanDyke Software, Inc., use of
this Software is not allowed in environments in which the Software is
located on a central server and is accessed by multiple computers. If this
is an educational license, use is restricted to non-commercial use by
students, faculty, and staff using campus facilities, and to off-campus
non-commercial use by students, faculty, and staff primarily for school
5. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND VANDYKE SOFTWARE
DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION ON DAMAGES. NEITHER VANDYKE SOFTWARE NOR ANYONE INVOLVED IN
THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE SUCH SOFTWARE EVEN IF VANDYKE SOFTWARE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL VANDYKE
SOFTWARE'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE
TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE
SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
7. TERMINATION. This Agreement terminates on the date of the first
occurrence of either of the following events: (1) The expiration of one (1)
month from written notice of termination from Customer to VanDyke Software,
Inc.; or (2) One party materially breaches any terms of this Agreement or
any terms of any other agreement between Customer and VanDyke Software,
Inc., that are either uncorrectable or that the breaching party fails to
correct within one (1) month after written notification by the other party.
8. GOVERNING LAW. The agreement shall be governed by the laws of the State
of New Mexico. Any action or proceeding brought by either party against the
other arising out of or related to this agreement shall be brought only in
a state or federal court of competent jurisdiction located in Bernalillo
County, New Mexico. The parties hereby consent to the personal jurisdiction
of such courts.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (a) of the Rights in
Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software -- Restricted Rights
clause at 48 CFR 52.227-19, as applicable. Manufacturer is:
VanDyke Software, Inc.
4848 Tramway Ridge Dr. NE, Suite 101
Albuquerque, NM 87111 USA