SEQUENCEXTRA
SOFTWARE LICENSE AGREEMENT
This software end user license agreement ("eula") is a legal agreement
between you and Sourceforce Sweden HB. Read it carefully before using sequenceXtra.
It provides a license to use sequenceXtra and contains warranty information
and liability disclaimers. By clicking "I Agree" below and by
buying and using sequenceXtra, you are confirming your acceptance of sequenceXtra
and agreeing to become bound by the terms of this agreement. If you do not
agree to be bound by these terms, then click "I disagree" below
and You will be returned wo the Sourceforce web site.
1. License
grants
By accepting the grant of a license, you agree that you:
- If you
own a Single user License: are licensed to use sequenceXtra in
its authoring environment on any single computer at any one time.
- If you own a Multiple user License: are licensed to use sequenceXtra
in its authoring environment on the maximum number of computers that the
license indicates at any one time.
- If you own a Site License: are licensed to use sequenceXtra in
its authoring environment on multiple computers simultaneously so long
as they are on the same site.
- Are allowed to distribute sequenceXtra as part of your application in
an unlimited number on all platforms supported by sequenceXtra at any
one time.
2. License
restrictions
(a) you may not alter, merge, modify, adapt or translate sequenceXtra,
or decompile, reverse engineer, disassemble, or otherwise reduce sequenceXtra
to a human-perceivable form.
(b) you may not sell, rent, lease, or sublicense sequenceXtra.
(c) you may not modify sequenceXtra or create derivative works based upon
sequenceXtra.
(d) in the event that you fail to comply with this eula, Sourceforce Sweden
may terminate the license and you must destroy all copies of sequenceXtra
(with all other rights of both parties and all other provisions of this
eula surviving any such termination).
3. Ownership
The foregoing license gives you limited license to use sequenceXtra. Sourceforce
Sweden retain all right, title and interest, including all copyright and
intellectual property rights, in and to, sequenceXtra and all copies thereof.
Sourceforce Sweden also retain all rights to develop any kind of application
that utilizes sequenceXtra in its former, present or future versions.
No licensee will be able to claim exclusive right to any use of sequenceXtras
functionality or to the use of the freely distributable behaviors developed
by Sourceforce Sweden HB. All rights not specifically granted in this
eula, including federal and international copyrights, are reserved by
Sourceforce Sweden HB.
4. Warranty
disclaimer
(a) sequenceXtra is provided to you on an "as-is" basis.
Sourceforce Sweden disclaim all warranties and representations, whether
express, implied, or otherwise, including the warranties of merchantability
or fitness for a particular purpose. Also, there is no warranty of non-infringement
and title or quiet enjoyment. Sourceforce Sweden does not warrant that
sequenceXtra is error-free or will operate without interruption.
SequenceXtra is not designed, intended or licensed for use in hazardous
environments requiring fail-safe controls, including without limitation,
the design, construction, maintenance or operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, and
life support or weapons systems. Sourceforce Sweden specifically disclaims
any express or implied warranty of fitness for such purposes.
(b) if applicable law requires any warranties with respect to sequenceXtra,
all such warranties are limited in duration to ninety (90) days from the
date of delivery.
(c) no oral or written information or advice given by Sourceforce Sweden,
its dealers, distributors, agents or employees shall create a warranty
or in any way increase the scope of any warranty provided herein.
(d) (USA only) some states do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights that vary from state
to state.
5. Limitation
of liability
(a) Sourceforce Sweden shall not be liable to you or any third party for
any direct, indirect, special, incidental, punitive, cover or consequential
damages (including, but not limited to, damages for the inability to use
equipment or access data, loss of business, loss of profits, business
interruption or the like), arising out of the use of, or inability to
use, sequenceXtra and based on any theory of liability including breach
of contract, breach of warranty, tort (including negligence), product
liability or otherwise, even if Sourceforce Sweden or its representatives
have been advised of the possibility of such damages and even if a remedy
set forth herein is found to have failed of its essential purpose.
(b) (USA only) some states do not allow the limitation or exclusion of
liability for incidental of consequential damages, so the above limitation
or exclusion may not apply to you and you may also have other legal rights
that vary from state to state.
(c) the foregoing limitations on liability are intended to apply to the
warranties and disclaimers above and all other aspects of this eula.
6. Basis
of bargain
The warranty disclaimer, exclusive remedies and limited liability set
forth above are fundamental elements of the basis of the agreement between
Sourceforce Sweden and you. Sourceforce Sweden would not be able to provide
sequenceXtra on an economic basis without such limitations. Such warranty
disclaimer, exclusive remedies and limited liability inure to the benefit
of Sourceforce Sweden's licensors.
7. (outside
of the USA) consumer end users only
The limitations or exclusions of warranties and liability contained in
this eula do not affect or prejudice the statutory rights of a consumer
(i.e., a person acquiring goods otherwise than in the course of a business).
The limitations or exclusions of warranties, remedies or liability contained
in this eula shall apply to you only to the extent such limitations or
exclusions are permitted under the laws of the jurisdiction where you
are located.
8. General
This eula shall be governed by the laws of Sweden, without giving effect
to principles of conflict of laws. You hereby consent to the exclusive
jurisdiction and venue of the state courts sitting in Stockholm, Sweden,
to resolve any disputes arising under this eula. In each case this eula
shall be construed and enforced without regard to the united nations convention
on the international sale of goods.
This eula
contains the complete agreement between the parties with respect to the
subject matter hereof, and supersedes all prior or contemporaneous agreements
or understandings, whether oral or written. You agree that any varying
or additional terms contained in any purchase order or other written notification
or document issued by you in relation to sequenceXtra licensed hereunder
shall be of no effect. The failure or delay of Sourceforce Sweden HB
to exercise any of its rights under this eula or upon any breach of this
eula shall not be deemed a waiver of those rights or of the breach.
No Sourceforce Sweden dealer, agent or employee is authorized to make
any amendment to this eula. If any provision of this agreement shall be
held by a court of competent jurisdiction to be contrary to law, that
provision will be enforced to the maximum extent permissible, and the
remaining provisions of this agreement will remain in full force and effect.
All questions concerning this eula shall be directed to:
Sourceforce
Sweden HB
Attention: sales management.
Sinclairs väg 12
SE-67133 Arvika, Sweden
E-mail: info@sourceforce.nu
Sourceforce Sweden and other trademarks contained in sequenceXtra are
trademarks or registered trademarks of Sourceforce Sweden HB. Third party
trademarks, trade names, product names and logos may be the trademarks
or registered trademarks of their respective owners. You may not remove
or alter any trademark, trade names, product names, logo, copyright or
other proprietary notices, legends, symbols or labels in sequenceXtra.
This eula does not authorize you to use Sourceforce Sweden's or its licensors'
names or any of their respective trademarks.
Any software application that makes use of sequenceXtra must have the
sequenceXtra and sourceforce logos visible in the credits section of the
software itself, or on a corresponding place in its documentation, or
in a clearly visible position of the packaging. Graphics are available
for download from the sourceforce web site.
9. Addendum
Sourceforce Sweden HB has developed a set of Lingo behaviors (i
e pre fabricated code macros intended to simplify and quicken the development
process when working with sequenceXtra). These behaviors are available
free of charge for all users of sequenceXtra (registered users as well
as users of demo versions). You are allowed to copy and distribute these
behaviors freely, as long as they are not altered in any way, and Sourceforce
Sweden HB will retain all right, title and interest, including all copyright
and intellectual property rights, in and to the behaviors and all copies
thereof. Section 4 and 5 of this agreement applies to these behaviors
as well.
©
2003 Sourceforce Sweden
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