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END-USER LICENSE AGREEMENT FOR InstallShield(r) SOFTWARE
IMPORTANT-READ CAREFULLY: This InstallShield End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and InstallShield Software Corporation for the InstallShield software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that InstallShield may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software Product; in such event the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
1) GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this section are subject to all other terms and conditions of this EULA.
General License Grant to Install and User Software Product. You may install and use one copy of the Software Product on a single computer. You can share a copy of the Software Product (DemoShield is an exception to this clause and may not be shared), installed on a common build/test machine provided that You or Your entity has purchased a single license for that common build/test machine and each developer using it has a license. A license for the Software Product may not be shared.
Redistributable File(s). Notwithstanding the terms of this EULA to the contrary, certain of the executable files of the Software Product may be redistributed by you to the extent required for the permitted operation of the application(s) software installation code created by you while using the Software Product. The redistributable file(s) are limited to those specifically identified as "Redistributables" in the media, printed materials, and "online" or electronic documentation accompanying the particular embodiment of the Software Product.
Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that you acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. A license for the Software Product may not be used concurrently on different Devices.
License Pack/Corporate Site License. If you have acquired this Software Product in an InstallShield License Pack or Corporate Site License Agreement, you may make the number of additional copies of the computer software portion of the Software Product as defined on that EULA, and you may use each copy in the manner specified above.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software Product is licensed as a single product. Except with respect to the Redistributables, its component parts may not be separated for use on more than one computer.
Not for Resale Software. If the Software Product is labeled "Not for Resale" or "NFR" or "Evaluation Copy" or "30 Day Complimentary," then, notwithstanding other sections of this EULA, you may not use the Software Product for commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of the Software Product to create publicly distributed computer software.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product.
Software Transfer. You may permanently and wholly transfer all of your rights under this EULA, provided you (a) retain no copies (whole or partial), (b) permanently and wholly transfer any and all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) to the recipient, and (c) the recipient first agrees to abide by all of the terms of this EULA. If the Software Product is an upgrade, any transfer must include any and all prior versions of the Software Product and any and all of your rights therein, if any.
Support Services. InstallShield may provide you with support services related to the Software Product ("Support Services"). The provision and use of Support Services is governed by the InstallShield policies and programs described in the Software Product user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to InstallShield as part of the Support Services, InstallShield may use such information for its business purposes, including for product updates and development.
Termination. Without prejudice to any of InstallShield's other rights, InstallShield may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the Software Product and all of its component parts.
3) UPGRADES and SUBSCRIPTION. If the Software Product is labeled or otherwise identified by InstallShield as an "upgrade" or "subscription," you must be properly licensed to use a product identified by InstallShield as being eligible for the upgrade in order to use the Software Product. A Software Product, labeled or otherwise identified by InstallShield as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4) COPYRIGHT AND TRADEMARKS. All title, trademarks and copyrights in and pertaining to the Software Product, the accompanying printed materials, and any copies of the Software Product, are owned or licensed by InstallShield or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the Software Product for back-up and archival purposes. You may not copy the printed materials accompanying the Software Product.
You may not remove, modify or alter any InstallShield copyright or trademark notice or the InstallShield name from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the InstallShield Setup Wizard dialogue or "about" boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software Product.
5) DUAL-MEDIA SOFTWARE. You may receive the Software Product in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software Product.
6) U. S. GOVERNMENT RESTRICTED RIGHTS. The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: InstallShield Software Corporation, 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
7) APPLICABLE LAW This EULA is governed by the laws of the State of Illinois. Should you have any questions concerning this EULA, or if you desire to contact InstallShield for any reason, please contact the InstallShield distributor serving you or write: InstallShield Software Corporation, 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
8) LIMITED WARRANTY
LIMITED WARRANTY. InstallShield warrants that (a) the Software Product will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with InstallShield's written materials accompanying it, and (b) any Support Services provided by InstallShield shall be substantially as described in applicable written materials provided to you by InstallShield.
CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by InstallShield, InstallShield's and its suppliers' entire liability and your exclusive remedy shall be, at InstallShield's option, either (a) return of the price paid by you for the Software Product (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective Software Product or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLSHIELD AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Software Product, if any, are limited to ninety (90) days.
9) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSTALLSHIELD OR ITS SUPPLIERS 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 INSTALLSHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INSTALLSHIELD'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO INSTALLSHIELD FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Content of the "Redistributables" File:
Redistributable Files
The Distribution Wizard copies certain files into the build location for distribution. The choices you make in the Distribution Wizard determine what files are copied into the build location. The following is a list of distribution types, and the files that are copied for each type:
DemoX File Name Description Demo.DBD Broken down into .res and .sce files gif2dib.DLL Copied only if .GIF files are embedded in Demo Demo Text files Copied only if text was exported for localization DEMOX.CAB DEMOXPLUG.EXE cpDX750.jar Demo.html Copied only if "Generate HTML" option is chosen in Distribution Wizard Single Executable File Name Description DEMO32.EXE DemoShield player gif2dib.DLL Copied only if .GIF files embedded in Demo Demo.DBD Demo file Resource files For Resources imported by reference Demo Text files Copied only if text was exported for localization Simple File Name Description DEMO32.EXE DemoShield Player gif2dib.DLL Copied only if .GIF files embedded in Demo Demo.DBD The Demo file Resource files For Resources imported by reference Demo Text files Copied only if text was exported for localization quicktimeinstaller.EXE quicktimeinstallcache.TXT quicktimeinstaller.ini Copied only if .MOV Resources embedded in Demo Help File Name Description Demohelp.EXE DEMO32.EXE Copied only if WinHelp style is chosen DemoX.DLL Copied only if HTML help style is chosen gif2dib.DLL Copied only if .GIF files embedded in Demo Demo.DBD The Demo file Resource files For Resources imported by reference Demo Text files Copied only if text was exported for localization CD Browsers File Name Description launch.EXE launch.ini A utility application used to launch the DemoShield player autorun.inf Copied only if "Create Autorun file" is chosen in the Distribution Wizard DEMO32.EXE DemoShield player gif2dib.DLL Copied only if .GIF files embedded in Demo Demo.DBD The Demo file Resource files For Resources imported by reference Demo Text files Copied only if text was exported for localization quicktimeinstaller.EXE quicktimeinstallcache.TXT quicktimeinstaller.ini Copied only if .MOV Resources embedded in Demo DemoNow File Name Description Demo.DBD Broken down into .res and .sce files Demo..dn70 DemoShield configuration file DEMO32.EXE DemoShield player gif2dib.DLL Copied only if .GIF files embedded in Demo Demo.DBD The Demo file Resource files For Resources imported by reference Demo Text files Copied only if text was exported for localization DEMONOW.CAB DEMONOWPLUG.EXE cpdn700.jar Demo.html Copied only if "Generate HTML" is chosen in Distribution Wizard Setup Wizard File Name Description DEMO32.EXE DemoShield Player gif2dib.DLL Copied only if .GIF files embedded in Demo Demo.DBD The Demo file Resource files For Resources imported by reference Demo Text files Copied only if text was exported for localization quicktimeinstaller.EXE quicktimeinstallcache.TXT quicktimeinstaller.ini Copied only if "Distribute Quick Time" is chosen in Distribution Wizard
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2005 International Business Machines Corporation and others. All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
All trademarks and registered trademarks mentioned herein are the property of their respective owners.
END-USER LICENSE AGREEMENT FOR InstallShield(r) SOFTWARE
IMPORTANT-READ CAREFULLY: This End- User License Agreement ("EULA") is a legal contract between you (either (a) an individual user or (b) a business organization and the user designated in accordance with Part D below) and Installation Software Technologies, Inc., an Illinois corporation doing business as InstallShield Software Corporation ("InstallShield") for the InstallShield software that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also includes any updates, add-on components, web services and supplements that InstallShield may in the future provide to you or make available to you, to the extent such items are not accompanied by a separate license agreement or terms of use. The Software is licensed, not sold. InstallShield is willing to license the Software to you only if you accept the terms and conditions of this EULA. By clicking on the "I ACCEPT" button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not wish to be bound by the terms of this EULA, click the "I DO NOT ACCEPT" button, and do not install, access or use the Software. An original purchaser who has not accepted the terms of this EULA may return the Software to the place of purchase, within 30 days of the date of purchase, for a full refund.
If you have questions concerning this EULA, or if you wish to contact InstallShield for any reason, please contact the InstallShield distributor serving you or write to InstallShield at 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
PART A-LICENSE OF EVALUATION SOFTWARE
Software provided to you on a complimentary basis for evaluation purposes, regardless of how labeled, is "Evaluation Software." Your possession and use of Evaluation Software will be governed by the terms set forth in this Part A and in Part D below.
1. Grant of License. InstallShield grants you a limited, personal, non-exclusive, non-transferable license to use the Evaluation Software solely to evaluate its suitability for your internal business requirements on the terms and conditions set forth in this Part A and in Part D below. Without limiting the foregoing, you may not use the Evaluation Software to create publicly distributed computer software or for any other commercial purpose. This license may be terminated by InstallShield at any time upon notice to you and will automatically terminate, without notice, upon the first to occur of the following: (a) the completion of your evaluation of the Evaluation Software or (b) the expiration of the 15- or 30- day evaluation period shown in the Evaluation Software.
2. Use of Evaluation Software. Since this is Evaluation Software, portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections.
3. Disclaimer of Warranty. THE EVALUATION SOFTWARE IS PROVIDED ON AN "AS IS, WITH ALL DEFECTS" BASIS AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES AND CONDITIONS AGAINST HIDDEN DEFECTS ("VICES CACHÉS")), ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
PART B-- LICENSE OF BETA SOFTWARE
Pre-Release Software provided to you for testing purposes, regardless of how labeled, is "Beta Software." Your possession and use of Beta Software will be governed by the terms set forth in this Part B and in Part D below.
1. Grant of License. InstallShield grants you a limited, personal, non-exclusive, non-transferable license to install and use copies of the Beta Software on a maximum of five (5) computers residing on your premises, solely for your internal testing on the terms and conditions set forth in this Part B and in Part D below. All other rights are reserved to InstallShield. You may not demonstrate or show the Beta Software to third parties without InstallShield's written permission. You may not use the Beta Software in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. You may not use the Beta Software for benchmark or performance testing. This license may be terminated by InstallShield at any time upon notice to you and, in any event, will automatically terminate, without notice, upon the release of a commercial version of the Beta Software. Upon the termination of this EULA, You shall cease use of the Beta Software and, upon request, shall promptly return to InstallShield, or certify destruction of, all full or partial copies of the Beta Software and related materials provided by InstallShield.
2. Feedback. You will provide InstallShield with reasonable feedback on the Beta Software's performance, including but not limited to usability, bug reports and test results. You will review and comment on all documentation supplied. All bug reports, test results and other feedback made by you will be the property of InstallShield and may be used by InstallShield for any purpose it sees fit. Due to the nature of the development work, InstallShield is not certain if errors or discrepancies in the Beta Software may be corrected.
3. Support. InstallShield is not obligated to provide technical or other support for the Beta Software. However, limited technical support ("Support Services"), if noted in the materials provided to you by InstallShield, may be available. Use of any such Support Services is governed by the InstallShield policies and programs described in "online" documentation or in other InstallShield-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Beta Software and subject to the terms and conditions of this EULA. InstallShield may use technical information you provide to InstallShield for InstallShield's product support, development, and other business purposes. InstallShield will not utilize such technical information in a form that personally identifies you. Support Services may not be available in all countries outside the United States and will be discontinued upon release of a commercial version of the Beta Software.
4. Maintenance. InstallShield is not obligated to provide maintenance, technical support, or updates for the Beta Software. InstallShield is not obligated to release a commercial version of the Beta Software or to provide you with a copy of any commercial version that may be released.
5. Confidential Information. The Beta Software, including its features and the results of use or testing ("Confidential Information"), is confidential and proprietary to InstallShield. Confidential Information does not include information that you can prove (a) was already known to you prior to the effective date of this EULA, (b) became publicly known through no wrongful act by you, or (c) was received from a third party without similar restriction and without breach of this EULA. You will not disclose or provide Confidential Information to any third party except with InstallShield's written permission or upon judicial or governmental order, and you will give InstallShield reasonable notice prior to any such disclosure and will comply with any protective or equivalent order. This provision shall survive the termination or expiration of this EULA.
6. Disclaimer of Warranty. THE BETA SOFTWARE IS PROVIDED ON AN "AS IS, WITH ALL DEFECTS" BASIS AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES AND CONDITIONS AGAINST HIDDEN DEFECTS ("VICES CACHÉS")), ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
PART C-- LICENSE OF SOFTWARE
Your possession and use of any Software other than Evaluation Software and Beta Software will be governed by the terms set forth in this Part C and in Part D below.
1. Grant of License. Upon your payment of the full license price and acceptance of this EULA, InstallShield grants you a limited, personal, non-exclusive license to install and use the Software on the terms and conditions set forth in this Part C and in Part D below.
2. Restrictions on Use of Software. You may install and use one copy of the Software on a single computer only for your internal business purposes. You will not rent, lease, lend, sublicense, redistribute or otherwise allow third parties to use the Software directly or indirectly, whether on a time sharing, remote job entry, or service bureau arrangement or to provide commercial hosting services to third parties. You will not copy, modify or prepare derivative works of the Software. You may use the Software only in the language(s) which you select during installation or for which you acquire rights pursuant to an InstallShield Language Pack. You may not share the Software, except as set forth Section 3 below.
3. Shared Use on a Single Computer. Subject to the exceptions set forth at the end of this Section 3, a copy of the Software installed on a single common machine may be shared for internal use by employees and contractors of your business only, provided that a license has been purchased for each individual user. The following are exceptions to the provisions of this Section 3: (a) DemoShield Software may not be shared; and (b) The Standalone Build component of InstallShield DevStudio Software may be installed, reproduced and used on up to ten (10) computers residing on your premises, and a copy of the Standalone Build component may be shared on a common build/test machine on your premises.
4. Authority. With respect to any licenses purchased to effectuate shared use on a single computer pursuant to Section 3 above, you represent and warrant that you are authorized to enter into this EULA on behalf of the business purchasing such licenses.
5. Redistributable Files. The Software's component parts may not be separated for use on more than one computer, except as set forth in this Section 6 or in clause (b) of Section 3 above. You may copy the files specifically identified as "Redistributables" in the printed or electronic documentation that accompanies the Software and redistribute them to the end users ("End Users") of the software code you create by using the Software ("Works"), subject to the following conditions: (a) copies of the Redistributables must be exact and unmodified; (b) you may distribute the Redistributables only with Works that add primary and substantial functionality to the Redistributables; and (c) you shall grant your End Users a limited, personal, non-exclusive and non-transferable license to use the Redistributables only to the extent required for the permitted operation of the Works and not to distribute them further. You will reproduce with the Redistributables all applicable trademark and copyright notices that accompany such Software, but you will not use InstallShield's name, logos or trademarks to market the Works.
6. Enterprise License Agreement. If you acquired the Software pursuant to an InstallShield Enterprise License Agreement, you may make the number of additional copies of the object code of the computer software portion of the Software permitted by the relevant Enterprise License Agreement, and you may use each copy in the manner specified above. You may not copy the printed materials accompanying the Software.
7. Support Services. InstallShield may provide you with support services related to the Software ("Support Services"). The provision and use of Support Services is governed by the InstallShield policies and programs described in the Software user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to InstallShield as part of the Support Services, InstallShield may use such information for its business purposes, including for product updates and development.
8. Limited Warranty. InstallShield warrants (a) that the Software will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with InstallShield's written materials accompanying it, and (b) that any Support Services provided by InstallShield shall be substantially as described in applicable written materials provided to you by InstallShield. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES AND CONDITIONS AGAINST HIDDEN DEFECTS ("VICES CACHÉS")) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED, WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days.
9. Customer Remedies. In the event of any breach of the foregoing warranty or any other duty owed by InstallShield, the entire liability of InstallShield and its suppliers, and your exclusive remedy shall be, at InstallShield's option, either (a) return of the price paid by you for the Software (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective Software or (c) re-performance of the Support Services. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
PART D---GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL SOFTWARE LICENSES
Your possession and use of the Software for any purpose will be governed by the terms set forth in this Part D and in Part A, B or C above, whichever is applicable.
1. Designation of Individual User. If you are a business organization, you must designate one owner, officer or employee in your organization to exercise the rights set forth in this EULA. The provisions of this EULA shall bind you and that designated person, jointly and severally.
2. Use of Software. Except as permitted pursuant to this EULA, you will not otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse- engineer the Software. You agree not to use the Software in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which you are bound. You agree to comply with all applicable laws and regulations regarding your use of the Software. You agree to indemnify InstallShield from and against any liability that InstallShield may incur arising from your breach of this EULA or your use of the Software.
3. Ownership. All patents, copyrights, trade secrets, service marks, trademarks, and other proprietary rights in or related to the Software are and will remain the exclusive property of InstallShield or its licensors, whether or not specifically recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights you may have or acquire in or to the Software to InstallShield for no additional consideration. You will not take any action that jeopardizes InstallShield's or its licensors' proprietary rights or acquire any rights in the Software, except the limited rights set forth in this EULA. InstallShield or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or development thereof. At InstallShield's request, you will execute or obtain the execution of any instrument that may be appropriate to assign these rights to InstallShield or its designee or to perfect these rights in InstallShield's or its designee's name. You may make one copy of the Software for back-up and archival purposes. You may not remove, modify or alter any InstallShield copyright or trademark notice from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the InstallShield Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web- enabled notices, code or other embodiments originally contained in or otherwise created by the Software.
4. Confidentiality. You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to InstallShield. You will take all reasonable precautions necessary to safeguard the confidentiality of the Software, and will not disclose any information about the Software or the Software evaluations or reports to any other person without InstallShield's prior written consent. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software. The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature. You acknowledge that any breach of this Section will cause irreparable harm to InstallShield and its licensors.
5. Transfer of Software. You may not, by operation of law or otherwise, transfer any license rights or other interests in Evaluation Software, Beta Software, or Software labeled "Not for Resale" or "NFR." You may not, by operation of law or otherwise, transfer any license rights or other interests in any other Software, unless (a) you permanently and wholly transfer all your rights under this EULA; (b) you retain no copies (whole or partial); (c) you permanently and wholly transfer all of the Software (including component parts, media, printed materials, upgrades, prior versions, and authenticity certificates); and (d) the transferee agrees to abide by all the terms of this EULA. Any purported transfer not in accordance with this Section 8 will be void.
6. Limitation of Damages. IN NO EVENT SHALL INSTALLSHIELD, ITS LICENSORS OR SUPPLIERS OR ITS OR THEIR RELATED COMPANIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF YOU OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL INSTALLSHIELD OR ITS SUPPLIERS BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE FOLLOWING FOR EACH RESPECTIVE BREACH OR SERIES OF RELATED BREACHES: (i) WITH RESPECT TO SOFTWARE, THE AMOUNT OF LICENSE FEES PAID BY CUSTOMER FOR THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR LOSSES; AND (ii) WITH RESPECT TO ANY SUPPORT OR OTHER SERVICES PROVIDED HEREUNDER, THE AMOUNT OF FEES PAID FOR THE SUPPORT OR SERVICES THAT GAVE RISE TO SUCH DAMAGES OR LOSSES. EXCEPT WITH REGARD TO PAYMENTS DUE INSTALLSHIELD, NEITHER PARTY SHALL BE LIABLE FOR ANY DELAYS OR FAILURES IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL THAT COULD NOT BE AVOIDED BY ITS EXERCISE OF DUE CARE.
7. Upgrades and Subscription. If the Software is labeled or otherwise identified by InstallShield as an "upgrade" or "subscription," you must be properly licensed to use a product identified by InstallShield as being eligible for the upgrade in order to use the Software. Any Software labeled or otherwise identified by InstallShield as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
8. Dual-Media Software. You may receive the Software in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install from the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
9. U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. U.S. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227- 19(c)(1-2) (Jun 1987) or DFAR 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227- 7014, or DFAR 252.227-7018 as applicable in any Software. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data in or related to the Software. Manufacturer is: InstallShield Software Corporation, 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
10. U. S. Export Restrictions. You will fully comply with all relevant export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders ("Export Controls"). You warrant that you are not a person, company or destination restricted or prohibited by Export Controls ("Restricted Person"). You will not, directly or indirectly, export, re-export, divert, or transfer the Software, any portion thereof or any materials, items or technology relating to InstallShield's business or related technical data or any direct product thereof to any Restricted Person.
11. Termination. In addition to any other rights or remedies it may have under applicable law, InstallShield may terminate this EULA if you fail to comply with its terms and conditions. In that event, you will destroy any and all copies of the Software and all of its component parts. You agree to promptly un- install and delete all copies of the Software in your possession and discontinue any further use of the Software. The parties' rights and obligations under Section 3 of Part A; Sections 5 and 6 of Part B; Sections 8 and 9 of Part C; and Sections 1, 2, 3, 4, 5, 6, 9 and 10 of this Part D will survive the termination of this Agreement.
12. Miscellaneous.
(a) Relationship of Parties. You and InstallShield are independent parties. Nothing in this EULA shall be construed as making you an employee, agent or legal representative of InstallShield.
(b) No Third-Party Beneficiaries. There are no third-party beneficiaries of this EULA.
(c) Jurisdiction of Courts. You hereby consent to the exclusive jurisdiction of the courts situated in Cook County, Illinois for the resolution of any dispute arising out of or related to this EULA.
(d) Entire Agreement. This EULA constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and InstallShield with respect to the Software.
(e) Controlling Law. This EULA will be construed and enforced in accordance with the internal laws of the State of Illinois.
Version Date: 7/23/03
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
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MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
MICROSOFT .NET FRAMEWORK 2.0
Microsoft Corporation (or based on where you live, one of its
affiliates) licenses this supplement to you. If you are licensed to
use Microsoft Windows operating system software (the "software"), you
may use this supplement. You may not use it if you do not have a
license for the software. You may use a copy of this supplement with
each validly licensed copy of the software.
The following license terms describe additional use terms for this
supplement. These terms and the license terms for the software apply
to your use of this supplement. If there is a conflict, these
supplemental license terms apply.
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By using this supplement, you accept these terms. If you do not accept
them, do not use this supplement. If you comply with these license
terms, you have the rights below.
1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support
services for this supplement as described at
www.support.microsoft.com/common/international.aspx.
2. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. This supplement
includes the .NET Framework component of the Windows operating systems
(".NET Component"). You may conduct internal benchmark testing of the
.NET Component. You may disclose the results of any benchmark test of
the .NET Component, provided that you comply with the following terms:
(1) you must disclose all the information necessary for replication of
the tests, including complete and accurate details of your benchmark
testing methodology, the test scripts/cases, tuning parameters
applied, hardware and software platforms tested, the name and version
number of any third party testing tool used to conduct the testing,
and complete source code for the benchmark suite/harness that is
developed by or for you and used to test both the .NET Component and
the competing implementation(s); (2) you must disclose the date (s)
that you conducted the benchmark tests, along with specific version
information for all Microsoft software products tested, including the
.NET Component; (3) your benchmark testing was performed using all
performance tuning and best practice guidance set forth in the product
documentation and/or on Microsoft’s support web sites, and uses the
latest updates, patches and fixes available for the .NET Component and
the relevant Microsoft operating system; (4) it shall be sufficient if
you make the disclosures provided for above at a publicly available
location such as a website, so long as every public disclosure of the
results of your benchmark test expressly identifies the public site
containing all required disclosures; and (5) nothing in this provision
shall be deemed to waive any other right that you may have to conduct
benchmark testing. The foregoing obligations shall not apply to your
disclosure of the results of any customized benchmark test of the .NET
Component, whereby such disclosure is made under confidentiality in
conjunction with a bid request by a prospective customer, such
customer’s application(s) are specifically tested and the results are
only disclosed to such specific customer. Notwithstanding any other
agreement you may have with Microsoft, if you disclose such benchmark
test results, Microsoft shall have the right to disclose the results
of benchmark tests it conducts of your products that compete with the
.NET Component, provided it complies with the same conditions above.
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT?READ CAREFULLY: This End-User License Agreement (?EULA?) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation (?Microsoft?) for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, ?online? or electronic documentation, and Internet-based services (?Software?). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.
MICROSOFT Software LICENSE
1. GRANTS OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
1.1 General License Grant. Microsoft grants to you as an individual, a personal, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of designing, developing, testing, and demonstrating your software product(s), provided that you are the only individual using the Software.
If you are an entity, Microsoft grants to you a personal, nonexclusive license to use the Software, and to make and use copies of the Software, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual.
1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
1.3 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on computers used by licensed end users in accordance with Section 1.1. A single license for the Software may not be shared or used concurrently by multiple end users.
1.4 Effect of EULA. The Software may contain development tools, utilities and other Microsoft software programs (each such tool or software program, a ?Component?); such Components may include a separate end-user license agreement (each, a ?Component EULA?). Except as provided in Section 4 (?Prerelease Code?), in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control. The Software may also contain third?party software programs. Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license limitations described in Section 3.
2.1 Sample Code. Microsoft grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the Software identified as ?Samples? in REDIST.TXT or elsewhere in the Software (?Sample Code?) for the sole purposes of designing, developing, and testing your software product(s), and (b) reproduce and distribute the Sample Code, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for Sample Code, see Section 3.1 below.
2.2 Redistributable Code?General. Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code form of any portion of the Software listed in REDIST.TXT (?Redistributable Code?). For general redistribution requirements for Redistributable Code, see Section 3.1 below.
2.3 Simple Managed C Compiler (?SMC?). Microsoft grants you a limited, nonexclusive, royalty-free license to: (a) use and modify of the software code and documentation associated with SMC in both source and object code form, and (b) reproduce and distribute SMC, along with any modifications thereof, in object code form. For redistribution requirements for SMC, see Sections 3.1 and 3.2 below.
3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND LIMITATIONS. If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with Section 3.1; some of the Redistributable Code has additional limited use rights described in Section 3.2.
3.1 General Distribution Requirements.
(a) If you choose to redistribute Sample Code, Redistributable Code, or SMC (collectively, the ?Redistributables?) as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables (?Licensee Software?); (ii) that the Redistributables only operate in conjunction with Microsoft Windows platforms; (iii) that if the Licensee Software is distributed beyond Licensee?s premises or externally from Licensee?s organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement (which may be ?break-the-seal?, ?click-wrap? or signed), with terms no less protective than those contained in this EULA; (iv) not to use Microsoft?s name, logo, or trademarks to market the Licensee Software; (v) to display your own valid copyright notice which shall be sufficient to protect Microsoft?s copyright in the Software; (vi) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you; (vii) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney?s fees, that arise or result from the use or distribution of the Licensee Software; (viii) to otherwise comply with the terms of this EULA; and (ix) agree that Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you.
(b) If you use the Redistributables, then in addition to your compliance with the applicable distribution requirements described for the Redistributables, the following also applies. Your license rights to the Redistributables are conditioned upon your not (i) creating derivative works of the Redistributables in any manner that would cause the Redistributables in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributables (or derivative works thereof) in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded License. An ?Excluded License? is any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.
3.2 Additional Distribution Requirements for Certain Redistributable Code. If you choose to redistribute the files discussed in this Section, then in addition to the terms of Section 3.1, you must ALSO comply with the following:
(a) SMC. ll versions of SMC, including any modifications made by you, that you distribute in Licensee Software must faithfully generate the Microsoft Intermediate Language.
(b) Microsoft SQL Server Desktop Engine (?MSDE?). If you redistribute MSDE you agree to comply with the following additional requirements: (a) you also agree to redistribute such file in object code only in conjunction with and as a part of a Licensee Software developed by you with the Software; (b) Licensee Software shall not substantially duplicate the capabilities of Microsoft Access or, in the reasonable opinion of Microsoft, compete with same; and (c) unless Licensee Software requires your customers to license Microsoft Access in order to operate, you shall not reproduce or use MSDE for commercial distribution in conjunction with a general purpose word processing, spreadsheet or database management software product, or an integrated work or product suite whose components include a general purpose word processing, spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported by Microsoft Access. A product that includes limited word processing, spreadsheet or database components along with other components which provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a ?general purpose? product.
3.3 Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use by more than one user.
3.4 Benchmark Testing. You may not disclose the results of any benchmark test of the .NET Framework component of the Software to any third party without Microsoft?s prior written approval.
4. PRERELEASE CODE. Portions of the Software may be identified as prerelease code (?Prerelease Code?). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.
5. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
8. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
11. NOT FOR RESALE SOFTWARE. Software identified as ?Not For Resale? or ?NFR,? may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see .
13. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
14. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
15. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT 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.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft 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 Microsoft or any supplier, and even if Microsoft or any supplier has been advised of the possibility of such damages.
17. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante s?applique :
DÉNI DE GARANTIES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, LE LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE (LE CAS ÉCHÉANT) SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES PRÉSENTES DÉNIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU DE LA LOI, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT) LES GARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE QUALITÉ MARCHANDE, D?ADAPTATION À UNE FIN PARTICULIÈRE, DE FIABILITÉ OU DE DISPONIBILITÉ, D?EXACTITUDE OU D?EXHAUSTIVITÉ DES RÉPONSES, DES RÉSULTATS, DES EFFORTS DÉPLOYÉS SELON LES RÈGLES DE L?ART, D?ABSENCE DE VIRUS ET D?ABSENCE DE NÉGLIGENCE, LE TOUT À L?ÉGARD DU LOGICIEL ET DE LA PRESTATION OU DE L?OMISSION DE LA PRESTATION DES SERVICES DE SOUTIEN TECHNIQUE OU À L?ÉGARD DE LA FOURNITURE OU DE L?OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S?Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L?UTILISATION DU LOGICIEL . PAR AILLEURS, IL N?Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L?ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D?EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L?OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D?AGIR DE BONNE FOI OU D?EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L?UTILISATION DU LOGICIEL OU À L?INCAPACITÉ DE S?EN SERVIR, À LA PRESTATION OU À L?OMISSION DE LA PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À L?OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S?Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L?UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ DE MICROSOFT ET DE L?UN OU L?AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS EXCLUSIF À L?ÉGARD DE TOUT CE QUI PRÉCÈDE SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI-DESSUS), S?APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MÊME SI TOUT RECOURS N?ATTEINT PAS SON BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable, la présente Convention est régie par les lois de la province d?Ontario, Canada. Vous consentez à la compétence des tribunaux fédéraux et provinciaux siégeant à Toronto, dans la province d?Ontario.
Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez utiliser l?information contenue dans le Logiciel pour contacter la filiale de Microsoft desservant votre pays, ou visitez Microsoft sur le World Wide Web à http://www.microsoft.com.
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Redist.txt:
The following list reflects all files available with Microsoft Visual Studio for redistribution; if you have acquired a Microsoft developer tool product other than Visual Studio, such as Visual Basic, Visual C#, Visual J# or Visual C++, the files available for redistribution with these other products are specific to such product and as such will be a subset of the following list. Visual C++ Runtime Files The following merge modules have been provided for use when redistributing the Visual C++ runtime files. Redistributing the merge modules is the recommended method for the redistribution of these files. vc_user_atl71_rtl_x86_---.msm atl71.dll (UNICODE) atl71.dll (ANSI) vc_user_crt71_rtl_x86_---.msm msvcr71.dll vc_user_mfc71_rtl_x86_---.msm mfc71.dll mfc71u.dll vc_user_mfc71_loc_rtl_x86_---.msm mfc71deu.dll mfc71enu.dll mfc71esp.dll mfc71fra.dll mfc71ita.dll mfc71chs.dll mfc71cht.dll mfc71jpn.dll mfc71kor.dll vc_user_stl71_rtl_x86_---.msm msvcp71.dll GDIPlus.msm gdiplus.dll _____________________________________________________________ Microsoft.VisualBasic.Compatibility.dll Microsoft.VisualBasic.Compatibility.Data.dll _____________________________________________________________ The following files may be redistributed as needed for the sole purpose of debugging deployed applications. It is not recommended that these files be redistributed along with applications. Merge modules have not been provided for the redistribution of these files. mfc71.pdb mfc71u.pdb atl71.pdb msvcp71.pdb msvcr71.pdb _____________________________________________________________ ActiveX Controls msmask32_X86.msm msmask32_X86_ENU.msm VB_Control_mschart_RTL_X86_---.msm VB_Control_mschart_RTL_X86_ENU.msm _____________________________________________________________ WMI_DECOUPLED_PROVIDER_RTL_X86_---.msm Wmidcad.dll wbemDC.dll WMIUTILS_RTL_X86_ENU.msm wmiutils.dll _____________________________________________________________ adodb.dll microsoft.mshtml.dll microsoft.stdformat.dll msdatasrc.dll stdole.dll _____________________________________________________________ Smart Device Extentions Files vsd_setup.dll _____________________________________________________________ .NET Framework Files dotnetfx.exe langpack.exe _____________________________________________________________ .NET Compact Framework Files netcf.all.wce4.armv4.cab netcf.all.wce4.armv4t.cab netcf.all.wce4.mips16.cab netcf.all.wce4.mipsii.cab netcf.all.wce4.mipsii_fp.cab netcf.all.wce4.mipsiv.cab netcf.all.wce4.mipsiv_fp.cab netcf.all.wce4.sh3.cab netcf.all.wce4.sh4.cab netcf.all.wce4.x86.cab netcf.core.ppc3.arm.cab netcf.core.ppc3.mips.cab netcf.core.ppc3.sh3.cab netcf.core.ppc3.x86.cab netcf.core.wce4.armv4.cab netcf.core.wce4.armv4t.cab netcf.core.wce4.mips16.cab netcf.core.wce4.mipsii.cab netcf.core.wce4.mipsii_fp.cab netcf.core.wce4.mipsiv.cab netcf.core.wce4.mipsiv_fp.cab netcf.core.wce4.sh3.cab netcf.core.wce4.sh4.cab netcf.core.wce4.x86.cab System_SR_chs.CAB System_SR_cht.CAB System_SR_de.CAB System_SR_enu.CAB System_SR_es.CAB System_SR_fr.CAB System_SR_it.CAB System_SR_ja.CAB System_SR_ko.CAB _____________________________________________________________ The following files are required to install MSDE 2000 SP3. For information regarding MSDE redistribution rights refer to your Visual Studio .NET license agreement. required: sqlrun01.msi sqlrun02.msi sqlrun03.msi sqlrun04.msi sqlrun05.msi sqlrun06.msi sqlrun07.msi sqlrun08.msi sqlrun09.msi sqlrun10.msi sqlrun11.msi sqlrun12.msi sqlrun13.msi sqlrun14.msi sqlrun15.msi sqlrun16.msi SqlRun01P.msp SqlRun02P.msp SqlRun03P.msp SqlRun04P.msp SqlRun05P.msp SqlRun06P.msp SqlRun07P.msp SqlRun08P.msp SqlRun09P.msp SqlRun10P.msp SqlRun11P.msp SqlRun12P.msp SqlRun13P.msp SqlRun14P.msp SqlRun15P.msp SqlRun16P.msp sqlrun.cab setup.exe setup.rll sqlresld.dll optional: setup.ini readme.txt sp3readme.htm _____________________________________________________________ MDAC_typ.exe sqlxmlx.rll odbcint.dll odbctrac.dll odbcconf.rsp msorcl32.dll msorc32r.dll odbcp32r.dll mscpx32r.dll mscpxl32.dll msxml3.dll msxml3r.dll dbmsvinn.dll sqlxmlx.dll odbccp32.dll sqloledb.dll sqloledb.rll sqlsoldb.chm msdaosp.dll msdaps.dll msdatl3.dll msxactps.dll mtxoci7x_win2k.reg mtxoci7x_winnt.reg mtxoci80_win2k.reg mtxoci80_winnt.reg msxml3a.dll sqlclnt.rsp instcat.sql cliconfg.exe dbnetlib.dll dbnmpntw.dll sqlunirl.dll dbmsgnet.dll dbmsadsn.dll odbcbcp.dll sqlsodbc.chm sqlsrv32.dll sqlsrv32.rll odbccu32.dll mdaccore.rsp odbccr32.dll odbcconf.exe odbcconf.dll ds32gt.dll simpdata.tlb msdart.dll msdatsrc.tlb odbc32.dll odbc32gt.dll odbcad32.exe odbccp32.cpl newudl.reg redist.rsp oledb32r.dll mtxoci81_win2k.reg mdacreadme.htm msader15.dll msado15.dll msadomd.dll msador15.dll msadox.dll msadrh15.dll msado20.tlb msado21.tlb msado25.tlb adojavas.inc msjro.dll msdfmap.dll msdaenum.dll msdaer.dll oledbjvs.inc msdaora.dll oledbvbs.inc msdasc.dll msdadc.dll msdasql.dll msdasqlr.dll msdatt.dll msdaurl.dll msado26.tlb msadcer.dll msdaorar.dll nonewudl.reg oledb32.dll odbcinst.ini schedlgu.txt odbc.ini cliconfg.dll cliconf.chm cliconfg.rll dbmsrpcn.dll muisetup.exe adovbs.inc msadce.dll mtxoci81_winnt.reg msadcf.dll msadcfr.dll msadco.dll msadcor.dll msadcs.dll msadds.dll msaddsr.dll msdaprsr.dll msdaprst.dll msdarem.dll msdaremr.dll mui.inf _____________________________________________________ Microsoft Visual J# .NET Microsoft Visual J# .NET is a development tool that developers who are familiar with the java-language syntax can use to build applications and services on the .NET Framework. It integrates the java-language syntax into the Visual Studio .NET shell. Microsoft Visual J# .NET also supports the functionality found in VJ++ 6.0 including Microsoft extensions. Microsoft Visual J# .NET is not a tool for developing applications intended to run on a Java Virtual Machine. Applications and services built with Visual J# .NET will run only in the .NET Framework. Microsoft Visual J# .NET Redistributable Package is the redistributable package for Microsoft Visual J# .NET. The Redistributable Package will only run applications and services developed with Microsoft Visual J# .NET; Java-language applications written with other Java-language development tools will not run with the Microsoft Visual J# .NET Redistributable Package. Visual J# .NET and Microsoft Visual J# .NET Redistributable Package have been independently developed by Microsoft, and are not endorsed or approved by Sun Microsystems, Inc. The following list of files is available with Microsoft Visual J# .NET for redistribution: vjredist.exe vjredist-lp.exe dw15.exe vjc.exe vjc.exe.config vjsc.dll vjscor.dll VJSharpCodeProvider.DLL vjslib.dll vjslib.tlb vjslibcw.dll vjsnativ.dll vjswfc.dll vjswfc.tlb VJSWfcBrowserStubLib.dll vjswfccw.dll VJSWfcHost.dll vjswfchtml.dll dwintl.dll vjscui.dll vjslibui.dll VJSharpSxS10.dll
Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. 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You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
http://www.apache.org/licenses/LICENSE-2.0.html Apache License, Version 2.0 Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: You must give any other recipients of the Work or Derivative Works a copy of this License; and You must cause any modified files to carry prominent notices stating that You changed the files; and You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
The usage of XNet is permitted within Entire Operations GUI Client.
Copyright (c) 1995-2001 Software AG. All Rights Reserved.
Copyright (c) 1997 Cypress Software, Inc. All Rights Reserved.
Warning: This computer program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties.
HTML Help
End-User License Agreement
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). 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 the terms of this EULA, do not install, copy, or use the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENSE. This EULA grants you the following non-exclusive rights:
Software Product. You may install and use the enclosed SOFTWARE PRODUCT on your computers to design, develop, and test help systems and Internet content ("Help").
Sample Code. You may modify the sample source code located in the SOFTWARE PRODUCT's online help files to design, develop, and test your Help. You may also reproduce and distribute the Sample Code in object code form along with any modifications you make to the Sample Code, provided that you comply with the Distribution Requirements described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code.
Redistributable Code. The portions of the SOFTWARE PRODUCT identified as "hhupd.exe" is designated as "Redistributable Code." The Redistributable Code has been designed, developed and tested to run on Windows 95 and Windows NT and is intended to provide you with a way to redistribute Internet Explorer services such as HTML Help functionality. You may redistribute the Redistributable Code subject to the Distribution Requirements listed below and the following additional provisions: you may only permit installation of the Redistributable Code in the "passive mode" without making it the default browser and without adding the Internet icon to the desktop. If your redistribution and installation of the Redistibutable Code requires that you use the Internet icon on the desktop, or to use Internet Explorer as the default browser, you must sign up and accept the terms of the Internet Explorer License and Distribution Agreement located at: http://ieak.microsoft.com/release2/licenseProducts.asp.
Distribution Requirements. You may copy and redistribute the Sample Code and/or Redistributable Code (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, your Application; (b) your Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) you do not use Microsoft's name, logo, or trademarks to market your Application, except as expressly authorized by Microsoft in any other agreement; (d) you include a valid copyright notice on your Application; and (g) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. Microsoft reserves all rights not expressly granted to you.
COPYRIGHT. All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse-engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental. You may not rent or lease the SOFTWARE PRODUCT.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/ Redmond, WA 98052-6399.
MISCELLANEOUS If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If this product was acquired outside the United States, local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Customer Sales and Service/One Microsoft Way/Redmond, WA 98052-6399.
NO WARRANTIES. To the maximum extent permitted by applicable law, Microsoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY. Microsoft's entire liability and your exclusive remedy under this EULA shall not exceed five dollars (US$5.00). NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne: GARANTIE LIMITÉE EXCLUSION DE GARANTIES. Microsoft renonce entièrement à toute garantie pour le LOGICIEL. Le LOGICIEL et toute autre documentation s'y rapportant sont fournis « comme tels » sans aucune garantie quelle qu'elle soit, expresse ou implicite, y compris, mais ne se limitant pas aux garanties implicites de la qualité marchande ou un usage particulier. Le risque total découlant de l'utilisation ou de la performance du LOGICIEL est entre vos mains. RESPONSABILITÉ LIMITÉE. La seule obligation de Microsoft et votre recours exclusif concernant ce contrat n'excèderont (US$5.00). ABSENCE DE RESPONSABILITÉ POUR LES DOMMAGES INDIRECTS. Microsoft ou ses fournisseurs ne pourront être tenus responsables en aucune circonstance de tout dommage quel qu'il soit (y compris mais non de façon limitative les dommages directs ou indirects causés par la perte de bénéfices commerciaux, l'interruption des affaires, la perte d'information commerciale ou toute autre perte pécuniaire) résultant de l'utilisation ou de l'impossibilité d'utilisation de ce produit, et ce, même si la société Microsoft a été avisée de l'éventualité de tels dommages. Certains états/juridictions ne permettent pas l'exclusion ou la limitation de responsabilité relative aux dommages indirects ou consécutifs, et la limitation ci-dessus peut ne pas s'appliquer à votre égard. La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties à la Convention reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler de la Convention auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario. Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou écrire à : Microsoft Customer Sales and Service, One Microsoft Way, Redmond, Washington 98052-6399.
Hi HelpIndex Licence Agreement
Note: This is an extract from the full licence agreement, which you can see at http://www.phdcc.com/helpindex/licence.txt.
The intellectual property, software, documentation and images for Hi HelpIndex, Hi Lab, Hi Jump, Hi Brow, Hi Help and MakeHelpIndex are Copyright (c) 1996-2004 PHD Computer Consultants Ltd.
PHD does not agree to fix any apparent defects or limitations in the software. However if you notify PHD of the problem or have positive suggestions then PHD may change the software accordingly in the next release.
You must not re-use, decompile or otherwise mis-use the Hi HelpIndex software.
Unless agreed otherwise, this agreement is governed by English law.
NO WARRANTIES. To the maximum extent permitted by applicable law, PHD expressly disclaims any warranty for this software. This software and its documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of this software remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall PHD or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, loss of business information, business interruption, or any other pecuniary loss) arising out of the use or inability to use this PHD product.
1.6c April 2004
The search engine is provided by FindinSite-CD, (c) 1997-2007 PHD Computer Consultants Ltd, www.phdcc.com.
Note: This is an extract from the full licence agreement, which you can see at http://www.phdcc.com/fiscd/licence.txt.
COPYRIGHT
The intellectual property, software, documentation and images for FindinSite-CD, fisLight, FindinSite-CD-Wizard, Findex, PDF Scanner and Hi Help are Copyright (c) 1997-2007 PHD Computer Consultants Ltd.
You must not re-use, decompile or otherwise mis-use the FindinSite-CD software.
This product includes software developed by the Apache Software Foundation (http://www.apache.org/). Copyright (c) 2002 The Apache Software Foundation. All rights reserved.
This software uses the RSA Data Security, Inc. MD5 Message-Digest Algorithm from RFC 1321.
UPGRADES AND SUPPORT
PHD does not agree to fix any apparent defects or limitations in the software. However if you notify PHD of the problem or have positive suggestions then PHD may change the software accordingly in the next release. Title to all new or revised software will remain with PHD.
PHD assumes no responsibility for any limitations to the functionality provided by the software or any medium containing the software due to circumstances beyond our control: including any future upgrades or changes to the Java runtime, browsers or the Microsoft Windows operating system.
GENERAL
Unless agreed otherwise, this agreement is governed by English law.
NO WARRANTIES
To the maximum extent permitted by applicable law, PHD expressly disclaims any warranty for this software. This software and its documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of this software remains with you.
To the best of PHD's knowledge, the software is Year 2000 compliant.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall PHD or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, loss of business information, business interruption, or any other pecuniary loss) arising out of the use or inability to use this PHDCC product.
6.02b April 2007