TrueView for .NET 2.0.1010.17B

EULA - End User License Agreement

END-USER LICENCE AGREEMENT FOR EVOLVING SOFTWARE LTD. IMPORTANT - READ CAREFULLY BEFORE INSTALLING AND USING THE SOFTWARE. This End User Licence Agreement (''EULA'') is an agreement between Evolving Software Ltd (''EVOLVING SOFTWARE'') and you. Please read this EULA carefully, as it describes your rights and limitations on using the TrueView Application Development Framework (''SOFTWARE''). This agreement also applies to any updates, additional components, computer files, documentation, materials, and services intended to be used in conjunction with the SOFTWARE by EVOLVING SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT AUTHORISED TO USE THE SOFTWARE DEVELOPED BY EVOLVING SOFTWARE LTD. OVERVIEW * SOFTWARE: This includes all files and associated components/materials required to develop and configure your desktop application software. * RUNTIME: This includes all files and associated components and materials required to distribute and run your desktop application software. This excludes any components or materials used to configure your desktop application software. * LICENCE: This EULA grants the following types of Licence: * A ''Designer Licence'' that is required to develop and/or test your Desktop Applications using the SOFTWARE, and allows you to develop Desktop Applications that may not be distributed. * A ''Developer Licence'' that is required to develop and/or test your Desktop Applications using the SOFTWARE, and allows you to develop Desktop Applications that may be distributed . * A ''Runtime Licence'' that is required to distribute the RUNTIME along with your Desktop Applications. * LICENCE FILE: EVOLVING SOFTWARE will provide a unique Licence File for each purchase of the SOFTWARE. * DESKTOP APPLICATION: Any desktop software created by you using the SOFTWARE. Designer Licence You are granted a limited, non-exclusive right to use the SOFTWARE to design, develop, configure, and test your DESKTOP APPLICATIONS, on the condition that you comply with all of the terms and conditions within this EULA, without exception. Your DESKTOP APPLICATIONS may not be distributed within your division, your organisation, or to any third party Developer Licence You are granted a limited, non-exclusive right to use the SOFTWARE to design, develop, configure, test, and deploy your DESKTOP APPLICATIONS, on the condition that you comply with all of the terms and conditions within this EULA, without exception. Your DESKTOP APPLICATIONS may be distributed within your division and organisation. Any physical or virtual machine that is used to develop and/or test your DESKTOP APPLICATIONS must have a licensed copy of the SOFTWARE. In addition, each developer must have a licensed copy of the SOFTWARE. For example: * 1 physical machine used by 1 developer requires 1 licence to use the SOFTWARE. * 1 physical machine used by 2 developers requires 2 licences to use the SOFTWARE. * 5 virtual machines used by 1 developer require 5 licences to use the SOFTWARE. * 1 physical machine hosting 5 virtual development PCs used by 5 developers requires 5 licences to use the SOFTWARE. * 1 physical machine hosting 1 virtual development PC used by 5 developers requires 5 licences to use the SOFTWARE. Runtime Licence You are granted a limited, non-exclusive right to distribute the RUNTIME along with your DESKTOP APPLICATIONS within your division or organisation. You may not distribute the RUNTIME where it may be used in a ''˜design-time'' development environment. You may not distribute the SOFTWARE or RUNTIME to any third party. If you wish to distribute the RUNTIME to a third party please contact EVOLVING SOFTWARE to discuss licensing options. Licence File A unique licence file (the ''Licence File'') is provided by EVOLVING SOFTWARE either electronically or via another delivery channel. This Licence File will unlock all of the features within the SOFTWARE. The Licence File is subject to the restrictions set in this EULA and may not be distributed or disclosed to another division or organisation. Distribution or disclosure constitutes a breach of this EULA, and will result in the automatic termination and revocation of all rights previously granted. Evaluations, Trials, and Beta Copies If the SOFTWARE is marked as ''evaluation, ''trial'', ''beta copy'', or similar, you may install the SOFTWARE are per the DEVELOPER LICENCE, but with the following restrictions: * You may use the SOFTWARE for a period of 45 days from the day of installation (''Evaluation Period''). * After the Evaluation Period is over, you must either: * permanently uninstall the SOFTWARE and not reinstall it * purchase a Licence for the SOFTWARE * Any DESKTOP APPLICATIONS created using the evaluation/trial/beta copy may not be distributed or used for any commercial purpose. * EVOLVING SOFTWARE has no obligation to provide support, of any type, for the SOFTWARE or RUNTIME. Any support that may be provided will be at the sole discretion of EVOLVING SOFTWARE. Updates and Upgrades Updates to the SOFTWARE may be provided by EVOLVING SOFTWARE at timely intervals. You must own a valid licensed copy of the SOFTWARE in order to apply any update. Updates may only be applied to the version of the SOFTWARE or RUNTIME as specified within the update itself. These updates will be delivered at the discretion of EVOLVING SOFTWARE, and are provided on the terms and conditions offered by EVOLVING SOFTWARE at that time. Support Services EVOLVING SOFTWARE may provide support services for the SOFTWARE if you have purchased a valid support package. This excludes any support for THIRD PARTY LIBRARIES. While EVOLVING SOFTWARE will endeavour to resolve incidents in a reasonable time period, EVOLVING SOFTWARE cannot guarantee that all incidents will be resolved expediently. INTELLECTUAL PROPERTY Copyright This software is licensed, not sold. The SOFTWARE is protected by copyright laws and international treaty provisions. EVOLVING SOFTWARE owns the rights to all titles and interests in the SOFTWARE (including, but not limited to, any images, photographs, code, and text incorporated into the SOFTWARE), and any copyrights and other intellectual properties within or related to the SOFTWARE, except in the case where EVOLVING SOFTWARE does not own the rights to third- party technologies and materials, where EVOLVING SOFTWARE is the rightful licence holder for those technologies and materials. Backups You may make one copy the SOFTWARE solely for backup or archival purposes. General Limitations You may not: * Reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits such despite this limitation. * Develop software that exposes any programmatic interfaces within the SOFTWARE * Develop software that provide functions and capabilities that are intended to be delivered by the SOFTWARE * Extend the functionality of the SOFTWARE without express permission from EVOLVING SOFTWARE * Publish the SOFTWARE for others to copy * Rent, lease, or lend the SOFTWARE Software Transfers You may transfer the SOFTWARE to another computer, provided that it is completely removed from the computer from which it was transferred. You may permanently transfer all of your rights under the EULA, provided that you retain no copies. You must transfer all of the SOFTWARE (including all updates, additional components, computer files, documentation, materials, and this EULA), and the recipient must agree to the terms and conditions of this EULA. EVOLVING SOFTWARE should be notified if the SOFTWARE is transferred from one company to another. If the SOFTWARE is an update or upgrade, any transfer must include all prior versions of the SOFTWARE. Termination Without prejudice to any other rights it may have, EVOLVING SOFTWARE may terminate this EULA and the Licences if you fail to comply with the terms and conditions contained within. In this happens you must destroy all copies of the SOFTWARE and all of its component parts. THIRD-PARTY COMPONENTS AND LIBRARIES The SOFTWARE uses components and libraries developed and provided by third-parties (''THIRD-PARTY LIBRARIES''). This EULA is not applicable to any THIRD-PARTY LIBRARIES and EVOLVING SOFTWARE has no warranty over them. Please refer to the individual Licence agreements for the THIRD-PARTY LIBRARIES. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVOLVING SOFTWARE AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVOLVING SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EVOLVING SOFTWARE OR ANY SUPPLIER, AND EVEN IF EVOLVING SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF DAMAGES UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, WILL EVOLVING SOFTWARE, ITS SUPPLIERS, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL EVOLVING SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT EVOLVING SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF EVOLVING SOFTWARE IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. COMPANY DETAILS EVOLVING SOFTWARE LIMITED is registered in England and Wales. Our Company Registration Number is 06024938. Our registered office is 20 Winchcombe Street, Cheltenham. England. GL52 2LY.