Library License
proconX Pty Ltd, Brisbane/Australia, ACN 104 080 935
Revision 4, October 2008
Definitions
"Software" refers to the collection of files and any part hereof,
including, but not limited to, source code, programs, binary
executables, object files, libraries, images, and scripts, which are
distributed by proconX.
"Copyright Holder" is whoever is named in the copyright or copyrights
for the Software.
"You" is you, if you are thinking about using, copying or distributing
this Software or parts of it.
"Distributable Components" are dynamic libraries, shared libraries,
class files and similar components supplied by proconX for
redistribution. They must be listed in a "README" or "DEPLOY" file
included with the Software.
"Application" pertains to Your product be it an application, applet or
embedded software product.
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License Terms
1. In consideration of payment of the licence fee and your agreement
to abide by the terms and conditions of this licence, proconX
grants You the following non-exclusive rights:
a. You may use the Software on one or more computers by a single
person who uses the software personally;
b. You may use the Software nonsimultaneously by multiple people
if it is installed on a single computer;
c. You may use the Software on a network, provided that the
network is operated by the organisation who purchased the
license and there is no concurrent use of the Software;
d. You may copy the Software for archival purposes.
2. You may reproduce and distribute, in executable form only,
Applications linked with static libraries supplied as part of the
Software and Applications incorporating dynamic libraries, shared
libraries and similar components supplied as Distributable
Components without royalties provided that:
a. You paid the license fee;
b. the purpose of distribution is to execute the Application;
c. the Distributable Components are not distributed or resold
apart from the Application;
d. it includes all of the original Copyright Notices and
associated Disclaimers;
e. it does not include any Software source code or part thereof.
3. If You have received this Software for the purpose of evaluation,
proconX grants You a non-exclusive license to use the Software
free of charge for the purpose of evaluating whether to purchase
an ongoing license to use the Software. The evaluation period is
limited to 30 days and does not include the right to reproduce and
distribute Applications using the Software. At the end of the
evaluation period, if You do not purchase a license, You must
uninstall the Software from the computers or devices You installed
it on.
4. You are not required to accept this License, since You have not
signed it. However, nothing else grants You permission to use or
distribute the Software or its derivative works. These actions are
prohibited by law if You do not accept this License. Therefore, by
using or distributing the Software (or any work based on the
Software), You indicate your acceptance of this License to do so,
and all its terms and conditions for copying, distributing or
using the Software or works based on it.
5. You may not use the Software to develop products which can be used
as a replacement or a directly competing product of this Software.
6. Where source code is provided as part of the Software, You may
modify the source code for the purpose of improvements and defect
fixes. If any modifications are made to any the source code, You
will put an additional banner into the code which indicates that
modifications were made by You.
7. You may not disclose the Software's software design, source code
and documentation or any part thereof to any third party without
the expressed written consent from proconX.
8. This License does not grant You any title, ownership rights,
rights to patents, copyrights, trade secrets, trademarks, or any
other rights in respect to the Software.
9. You may not use, copy, modify, sublicense, or distribute the
Software except as expressly provided under this License. Any
attempt otherwise to use, copy, modify, sublicense or distribute
the Software is void, and will automatically terminate your rights
under this License.
10. The License is not transferable without written permission from
proconX.
11. proconX may create, from time to time, updated versions of the
Software. Updated versions of the Software will be subject to the
terms and conditions of this agreement and reference to the
Software in this agreement means and includes any version update.
12. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING PROCONX,
THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTWARE
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH
YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
13. ANY LIABILITY OF PROCONX WILL BE LIMITED EXCLUSIVELY TO REFUND OF
PURCHASE PRICE. IN ADDITION, IN NO EVENT UNLESS REQUIRED BY
APPLICABLE LAW OR AGREED TO IN WRITING WILL PROCONX OR ITS
PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES,
CONTRACTORS, SUBSIDIARIES, PARENT ORGANIZATIONS AND ANY COPYRIGHT
HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. IN ADDITION, IN NO EVENT DOES PROCONX AUTHORIZE YOU TO USE THIS
SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE IT'S FAILURE TO PERFORM
CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL
INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT
YOUR OWN RISK, AND YOU AGREE TO HOLD PROCONX HARMLESS FROM ANY
CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
15. This agreement constitutes the entire agreement between proconX
and You in relation to your use of the Software. Any change will
be effective only if in writing signed by proconX and you.
16. This License is governed by the laws of Queensland, Australia,
excluding choice of law rules. If any part of this License is
found to be in conflict with the law, that part shall be
interpreted in its broadest meaning consistent with the law, and
no other parts of the License shall be affected.
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