End-User License Agreement for CodeCharge Studio 2.0
("Software")
Copyright (c) 2000-2003 YesSoftware, Inc.
All Rights Reserved.
BY DOWNLOADING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING
LICENSE:
DEFINITIONS
"You" and "Licensee" refers to the person, entity or
organization which is using the Software known as "CodeCharge Studio",
and any successor or assignee of same.
"YesSoftware" refers to YesSoftware, Inc. and its successors, or
manufacturer and owner of this Software.
AGREEMENT
After reading this agreement carefully, if you ("Customer") do not
agree to all of the terms of this agreement, you may not use this Software.
Unless you have a different license agreement signed by YesSoftware that covers
this copy of the Software, your use of this Software indicates your acceptance
of this license agreement and warranty. All updates to the Software shall be
considered part of the Software and subject to the terms of this Agreement.
Changes to this Agreement may accompany updates to the Software, in which case
by installing such update Customer accepts the terms of the Agreement as changed.
The Agreement is not otherwise subject to addition, amendment, modification, or
exception unless in writing signed by an officer of both Customer and
YesSoftware.
If you do not wish to agree to the terms of this Agreement, do not install or
use this Software.
1. OWNERSHIP OF SOFTWARE AND COPYRIGHTS.
The Software is copyrighted and protected by the laws of the United States and
other countries, and international treaty provisions. You may not remove any
copyright notices from the Software.
YesSoftware may make changes to the Software at any time without notice, but
is not obligated to support or update the Software.
Except as otherwise expressly provided, YesSoftware grants no express or
implied right under YesSoftware patents, copyrights, trademarks, or other
intellectual property rights. You may transfer the Software only if the
recipient agrees to be fully bound by these terms and if you retain no copies of
the Software.
2. GRANT OF LICENSE AND PROHIBITIONS.
Title to all copies of the Software remains with YesSoftware.
This Software is licensed to you. You are not obtaining title to the Software
or any copyrights. You may not sublicense, rent, lease, convey, translate,
decompile, or disassemble the Software for any purpose.
The license may be transferred to another Licensee if you keep no copies of
the Software. Permission must be obtained before mirroring or redistributing the
evaluation copies of the Software.
You may not convert this Software or its parts to a different computer
language or environment, either manually, or using an automated conversion tool,
such that this Software or any modification thereof will run under any language,
software, or program other than implemented by YesSoftware. You agree that any
modifications made to this Software belong to YesSoftware and are permitted for
your exclusive use during the period of this License Agreement, and may not be
transferred, sold or licensed to another entity.
3. USE AND EVALUATION PERIOD.
You may install and use one copy of this Software on one client computer for
software development purposes. Subsequent installations require you to obtain
additional licenses unless you are transferring this Software to another
computer.
You may not network this Software or otherwise use it on more than one
computer or computer terminal at one time.
You may not lease or otherwise rent the Software, but you may transfer the
Software and accompanying written materials on a permanent basis provided the
recipient agrees to the terms of this Agreement.
You may not sublicense or permit simultaneous use of the Software by more
than one user.
If you are evaluating this software, you may use an evaluation copy for the
maximum of twenty (20) days in order to determine whether to purchase this
Software.
4. LIMITED WARRANTY.
THE SOFTWARE IS PROVIDED AS IS AND YESSOFTWARE DISCLAIMS ALL WARRANTIES RELATING
TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION ON CONSEQUENTIAL DAMAGES.
NEITHER YESSOFWARE NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY
OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF
YESSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO
EVENT SHALL YESSOFTWARE'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR
THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON
USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE.
IN NO EVENT WILL YESSOFWARE BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU
ACTUALLY PAID FOR THE SOFTWARE.
6. TERMINATION.
This Agreement is effective until terminated.
This Agreement terminates on the date of the first occurrence of either of
the following events: (1) The expiration of one month from written notice of
termination from Customer to YesSoftware; or (2) At any time if you violate the
terms of this Agreement.
Upon termination you shall destroy the written materials and all copies of
the Software, including modified copies, if any.
You agree that monetary damages alone is not an adequate and just relief
resulting from any breach of this License, that a court order prohibiting any
further breach of this License is necessary to prevent further damages, and that
you will not oppose any reasonable request for a temporary restraining order,
preliminary injunction, or other relief sought by YesSoftware in the event of a
breach of this License.
YesSoftware shall not be required to notify you of any breach, nor make any
demand or claim against you resulting from any such breach, or for a demand to
stop any use or distribution in violation of the terms of this License, and you
agree that any breach of this License and damages resulting therefrom shall
relate back to the first and earliest breach thereof. Failure of YesSoftware to
enforce its rights pursuant to this License shall not constitute a waiver of
such rights, and shall not prejudice YesSoftware in any later enforcement of its
rights or rights to seek damages therefrom.
7. UPGRADES.
If you acquired this Software as an upgrade of a previous version, this
Agreement replaces and supercedes any prior Agreements. You may continue to use
the previous version of the Software, provided that both the previous version
and the upgrade are installed on the same computer at all times. You may not
have a previous version and the related upgrade version installed on separate
computers at any time.
8. ENTIRE AGREEMENT
This End-User Agreement is the entire agreement between you and YesSoftware
relating to the Licensed Software, and supercedes all prior written or oral
statements, promises, representations and agreements.
9. GOVERNING LAW.
The agreement shall be governed by the laws of the State of California. Any
action or proceeding brought by either party against the other arising out of or
related to this agreement shall be brought only in a state or federal court of
competent jurisdiction located in San Mateo County, California. The parties
hereby consent to the personal jurisdiction of such courts.
10. U.S. GOVERNMENT RESTRICTED RIGHTS.
This Software is 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 clause at 48 CFR 52.227-19, as applicable.
Contractor is:
YesSoftware, Inc.
6330 S. Eastern Ave. #5
Las Vegas, NV 89119
E-mail: sales@codecharge.com
Stand: 25.03.2003
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