PLEASE READ CAREFULLY
BY DOWNLOADING OR INSTALLING THE ACRUX SOFTWARE PRODUCTS, YOU CONSENT TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
1. Definitions.
2. Software License. For the Permitted Time Period and as long as you comply with the terms of this Software License Agreement (this "Agreement"), Acrux Software grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
3. Support. Support services for the Software are available from Acrux Software, a description of which is available online at www.acruxsoftware.net
4. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Acrux Software. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Acrux Software. The Software is protected by law including, without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and Acrux Software reserves all rights not expressly granted to you.
5. Restrictions.
6. Warranty. ACRUX SOFTWARE PROVIDES THE SOFTWARE AS IS AND WITH ALL FAULTS. ACRUX SOFTWARE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Limitation of Liability. IN NO EVENT WILL ACRUX SOFTWARE BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
8. Survival. The provisions of Sections 4, 5, 6, 7 and 9 survive the termination of this Agreement, but this survival does not imply or create any continued right to Use the Software after termination of this Agreement.
9. Indemnity. You agree to defend and indemnify Acrux Software and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) arising out of your Use and distribution of the Software.
10. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.
11. Governing Law. This Agreement will be governed by the laws of the State of Nevada. If this Software Product was acquired outside the United States, then local laws may apply. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
12. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement will not prejudice the statutory rights of any party dealing as a consumer.
13. Notice to U.S. Government End Users. All Software Product provided to the U.S. Government is provided with the commercial license rights and restrictions described herein.
14. Compliance with License. If you are a business or organization, you agree that upon request from Acrux Software or Acrux Software’s authorized representative, you will within (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Acrux Software.
Copyright © 2008, Acrux Software Pty Ltd. All Rights Reserved.
BY DOWNLOADING OR INSTALLING THE ACRUX SOFTWARE PRODUCTS, YOU CONSENT TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
1. Definitions.
(a) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
(b) "Software" means (i) all of the contents of the files, disks, CD-ROMs or other media with which this Agreement is provided, including, without limitation, Acrux Software or third party computer information or software or related explanatory materials in printed, electronic, or online form ("Documentation"); and (ii) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Acrux Software (collectively, "Updates").
(c) "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
(d) "Application" means Software which you develop Using Acrux Software products.
(e) "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., 4 Developer License or Enterprise License) granted by Acrux Software.
(f) "Permitted Time Period" means one of the following: (a) perpetually if you have purchased, or have otherwise legally obtained a valid license for each developer working on your application(s); or (b) 30 days if you are evaluating any product of Acrux Software.
(g) "Acrux Software" means Acrux Software Pty Ltd, a limited liability company, PO BOX 6510, North Ryde, NSW 2113, Australia.
(b) "Software" means (i) all of the contents of the files, disks, CD-ROMs or other media with which this Agreement is provided, including, without limitation, Acrux Software or third party computer information or software or related explanatory materials in printed, electronic, or online form ("Documentation"); and (ii) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Acrux Software (collectively, "Updates").
(c) "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
(d) "Application" means Software which you develop Using Acrux Software products.
(e) "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., 4 Developer License or Enterprise License) granted by Acrux Software.
(f) "Permitted Time Period" means one of the following: (a) perpetually if you have purchased, or have otherwise legally obtained a valid license for each developer working on your application(s); or (b) 30 days if you are evaluating any product of Acrux Software.
(g) "Acrux Software" means Acrux Software Pty Ltd, a limited liability company, PO BOX 6510, North Ryde, NSW 2113, Australia.
2. Software License. For the Permitted Time Period and as long as you comply with the terms of this Software License Agreement (this "Agreement"), Acrux Software grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
(a) General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number, for the purpose of developing Applications.
(b) Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any Computer.
(c) Portable or Home Computer Use. In addition to the single copy on your primary Computer you may make a second copy for your exclusive use on either a home or portable computer.
(d) Redistributable Components. Portions of the Software may contain redistributable files (the "Redistributable Components"). You may reproduce and distribute the Redistributable Component, without modification, provided that (i) you have purchased, or have otherwise legally obtained a valid license for each developer working on your Application; (ii) you distribute the Redistributable Components only in conjunction with, and as a part of, your Application; (iii) your Application adds significant and primary functionality to the Redistributable Components; (iv) you do not permit further redistribution by your end users; (v) you do not redistribute the Redistributable Components with any software which exposes an application programming interface; (vi) you include the following copyright notice with each Application incorporating the Redistributable Components: "The Acrux Advanced Html Parser Copyright © 2008 Acrux Software Pty Ltd. You may not modify, redistribute, sell, reproduce or reverse-engineer the Acrux Advanced Html Parser." This copyright notice may be placed with other copyright notices, including your own copyright notice, or in any reasonably visible location in the Application's packaging, software, or documentation. If you are unable to meet each of these requirements, you may contact Acrux Software for special licensing options.
(b) Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any Computer.
(c) Portable or Home Computer Use. In addition to the single copy on your primary Computer you may make a second copy for your exclusive use on either a home or portable computer.
(d) Redistributable Components. Portions of the Software may contain redistributable files (the "Redistributable Components"). You may reproduce and distribute the Redistributable Component, without modification, provided that (i) you have purchased, or have otherwise legally obtained a valid license for each developer working on your Application; (ii) you distribute the Redistributable Components only in conjunction with, and as a part of, your Application; (iii) your Application adds significant and primary functionality to the Redistributable Components; (iv) you do not permit further redistribution by your end users; (v) you do not redistribute the Redistributable Components with any software which exposes an application programming interface; (vi) you include the following copyright notice with each Application incorporating the Redistributable Components: "The Acrux Advanced Html Parser Copyright © 2008 Acrux Software Pty Ltd. You may not modify, redistribute, sell, reproduce or reverse-engineer the Acrux Advanced Html Parser." This copyright notice may be placed with other copyright notices, including your own copyright notice, or in any reasonably visible location in the Application's packaging, software, or documentation. If you are unable to meet each of these requirements, you may contact Acrux Software for special licensing options.
3. Support. Support services for the Software are available from Acrux Software, a description of which is available online at www.acruxsoftware.net
4. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Acrux Software. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Acrux Software. The Software is protected by law including, without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and Acrux Software reserves all rights not expressly granted to you.
5. Restrictions.
(a) Notices. You may not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
(b) No Modifications. You may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
(c) Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto a third party’s Computer except as may be expressly permitted herein. You may transfer all of your rights to Use the Software to a third party, if you retain no rights or copies of the Software and the third party accepts the terms and conditions of this Agreement and any other terms and conditions under which you purchased a valid license to the Software.
(b) No Modifications. You may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
(c) Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto a third party’s Computer except as may be expressly permitted herein. You may transfer all of your rights to Use the Software to a third party, if you retain no rights or copies of the Software and the third party accepts the terms and conditions of this Agreement and any other terms and conditions under which you purchased a valid license to the Software.
6. Warranty. ACRUX SOFTWARE PROVIDES THE SOFTWARE AS IS AND WITH ALL FAULTS. ACRUX SOFTWARE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Limitation of Liability. IN NO EVENT WILL ACRUX SOFTWARE BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
8. Survival. The provisions of Sections 4, 5, 6, 7 and 9 survive the termination of this Agreement, but this survival does not imply or create any continued right to Use the Software after termination of this Agreement.
9. Indemnity. You agree to defend and indemnify Acrux Software and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) arising out of your Use and distribution of the Software.
10. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.
11. Governing Law. This Agreement will be governed by the laws of the State of Nevada. If this Software Product was acquired outside the United States, then local laws may apply. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
12. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement will not prejudice the statutory rights of any party dealing as a consumer.
13. Notice to U.S. Government End Users. All Software Product provided to the U.S. Government is provided with the commercial license rights and restrictions described herein.
14. Compliance with License. If you are a business or organization, you agree that upon request from Acrux Software or Acrux Software’s authorized representative, you will within (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Acrux Software.
Copyright © 2008, Acrux Software Pty Ltd. All Rights Reserved.