Bricolsoft Zip ActiveX Component / Control 2010


EULA - End User License Agreement



END-USER LICENSE AGREEMENT FOR BRICOLSOFT ZIP 2010 ACTIVEX COMPONENT

THIS END-USER LICENSE AGREEMENT IS A CONTRACT. PLEASE READ IT CAREFULLY BEFORE CONTINUING.

This BRICOLSOFT LLC End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, hereafter referred to as "LICENSEE" and "YOU") and BRICOLSOFT LLC (hereafter referred to as "BRICOLSOFT") for the BRICOLSOFT LLC software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, accessing, or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA. If YOU are executing this EULA on behalf of an entity, then YOU represent that YOU are duly authorized to execute the EULA on behalf of such entity. If YOU do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

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. A LICENSEE who has legitimately obtained a registered license for the SOFTWARE PRODUCT from BRICOLSOFT or one of its authorized resellers, is considered an authorized ("AUTHORIZED") LICENSEE.

1. GRANT OF INSTALLATION LICENSE
(a) BRICOLSOFT grants the LICENSEE a royalty-free, non-exclusive license to install copies of the SOFTWARE PRODUCT on an unlimited number of computers belonging to the LICENSEE, provided that they run validly licensed copies of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 98, Windows 2000, Windows ME, Windows XP, Windows Server 2003, Windows Vista, Windows Server 2008].
(b) If the LICENSEE is AUTHORIZED, then the grant of installation license is perpetual; otherwise, the grant of installation license is restricted to a maximum of 45 days from the time the SOFTWARE PRODUCT was first installed on any computer at the LICENSEE's premises.

2. GRANT OF DEVELOPMENT LICENSE
(a) BRICOLSOFT grants the LICENSEE a royalty-free, non-exclusive license to use the SOFTWARE PRODUCT for development purposes on a single computer belonging to the LICENSEE. If the LICENSEE is AUTHORIZED, then the grant of development license is perpetual; otherwise the grant of development license is restricted to a maximum of 45 days from the time the SOFTWARE PRODUCT was first installed on any computer at the LICENSEE's premises.
(b) If the LICENSEE is AUTHORIZED and has purchased a "team" license, then LICENSEE use of the SOFTWARE PRODUCT for development purposes is permitted on more than one computer at the LICENSEE's premises, by the number of developers associated with the team [e.g., team of 4 means the SOFTWARE PRODUCT can be used by up to 4 developers on up to 4 computers].
(c) If the LICENSEE is AUTHORIZED and has purchased a "site" license, then LICENSEE use of the SOFTWARE PRODUCT for development purposes is permitted on an unlimited number of computers in up to 2 buildings at the LICENSEE's premises, by an unlimited number of developers.
(d) If the LICENSEE is AUTHORIZED and has purchased an "enterprise" license, then LICENSEE use of the SOFTWARE PRODUCT for development purposes is permitted on an unlimited number of computers in an unlimited number of facilities at the LICENSEE's premises, by an unlimited number of developers.

3. GRANT OF RUNTIME DISTRIBUTION LICENSE
If the LICENSEE is AUTHORIZED, BRICOLSOFT grants the LICENSEE a perpetual, royalty-free, non-exclusive license to use, copy and distribute the BricolsoftZip.dll runtime file in conjunction with applications developed by the LICENSEE.

4. GRANT OF SAMPLE CODE LICENSE
BRICOLSOFT grants the LICENSEE a perpetual, royalty-free, non-exclusive license to use, modify, copy and distribute the sample code included with the SOFTWARE PRODUCT.

5. BACKUP COPIES
The LICENSEE may make up to two copies of the SOFTWARE PRODUCT solely as necessary for backup and archival purposes.

6. SUPPORT SERVICES
BRICOLSOFT may provide the LICENSEE with support services related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). Any supplemental software code provided to the LICENSEE as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

7. PROHIBITED USES AND OTHER LIMITATIONS
(a) The LICENSEE may not rent, lease, or lend the SOFTWARE PRODUCT.
(b) The LICENSEE 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.
(c) The LICENSEE may not otherwise transfer, use, copy, or merge the SOFTWARE PRODUCT, in whole or in part, except as expressly permitted in this license.
(d) The LICENSEE may not remove, alter, obscure or deface any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(e) The LICENSEE may not distribute the SOFTWARE PRODUCT as part of software development products or toolkits intended for use by developers other than the LICENSEE's own developers. This includes, but is not limited to, controls, components, web services, plug-ins, adapters, DLLs, APIs and SDKs.
(f) The LICENSEE may not reveal the SOFTWARE PRODUCT registration information in human readable form to any third party and must keep the registration information confidential.
(g) The LICENSEE may not distribute the SOFTWARE PRODUCT's runtime file with software other than the LICENSEE's own software.
(h) The LICENSEE may not distribute the SOFTWARE PRODUCT with software meant to be licensed and/or distributed under any open source model including, but not limited to, models similar to GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Netscape Public License, Common Development and Distribution License (CDDL), Berkley Software Distribution (BSD), Common Public License (CPL), Apache Software License or Eclipse Public License (EPL).
(i) The LICENSEE may not export, ship, transmit or re-export the SOFTWARE PRODUCT in violation of the Export Administration Regulations issued by the U.S. Department of Commerce, which govern the export of software containing AES encryption. The LICENSEE may also not export, ship, transmit or re-export the SOFTWARE PRODUCT in violation of any other applicable law or regulation.

8. TERM AND TERMINATION
(a) This EULA shall be effective starting with the first downloading, installation, copying or use of the SOFTWARE PRODUCT.
(b) The LICENSEE may terminate this EULA at any time by destroying all copies of the SOFTWARE PRODUCT. Without prejudice to any other rights, BRICOLSOFT may terminate this EULA if the LICENSEE fails to comply with its terms and conditions.
(c) Upon termination of this EULA for any reason, the LICENSEE must destroy all copies of the SOFTWARE PRODUCT in the LICENSEE's possession.

9. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by BRICOLSOFT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the LICENSEE no rights to use such content. All rights not expressly granted are reserved by BRICOLSOFT.

10. NO WARRANTIES
To the maximum extent permitted by applicable law, BRICOLSOFT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "AS IS", with all faults and without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, fitness for a particular purpose, performance, accuracy, reliability, or correctness. BRICOLSOFT does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. BRICOLSOFT makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. BRICOLSOFT further expressly disclaims any warranty or representation to all LICENSEEs or to any third party.

11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall BRICOLSOFT be liable for loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty including of good faith or of reasonable care, negligence, direct, indirect, special incidental or consequential damages or for any other pecuniary or other loss whatsoever arising out of or in any way related to the use of or the inability to use the SOFTWARE PRODUCT, the provision of or the failure to provide SUPPORT SERVICES, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract, breach of warranty or otherwise of BRICOLSOFT or any supplier, and even if BRICOLSOFT or any supplier has been advised of the possibility of such damages.

12. LIMITATION OF REMEDY
Notwithstanding any damages that the LICENSEE might incur for any reasons whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of BRICOLSOFT and any of its suppliers under any provision of this agreement and the LICENSEE's exclusive remedy for all of the foregoing shall be limited to the lesser of the amount actually paid by the LICENSEE for the SOFTWARE PRODUCT or U.S. $1.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

13. INDEMNIFICATION
The LICENSEE agrees to indemnify, defend and hold harmless BRICOLSOFT, its affiliates, and their respective officers, directors, employees, distributors, agents, customers and licensees from and against any liability, damage or expense (including without limitation reasonable attorney fees) arising from or in any way relating to: (a) the use by the LICENSEE or by others on the LICENSEE's premises of the SOFTWARE PRODUCT; (b) the LICENSEE's data or information; (c) any and all regulatory actions, suits, arbitrations, causes of action, claims, counterclaims, fines, judgments or the defense of any such proceedings, arising from or in any way relating to the LICENSEE's use of the SOFTWARE PRODUCT; (d) any breach of a covenant made by the LICENSEE in this EULA; (f) any claim by any third party based on or arising out of the SOFTWARE PRODUCT or the LICENSEE's use thereof; or (g) any wrongdoing, act or omission of the LICENSEE.

14. GENERAL
(a) This EULA and its enforcement shall be governed by, and construed in accordance with the laws of the State of New York, without regard to conflicts-of-law principles. The exclusive venue for any action relating to this EULA shall be the state and federal courts situated in the State of New York, County of New York, and each party expressly consents to the jurisdiction of such courts.
(b) This EULA constitutes the entire agreement between the parties and supersedes all prior agreements, written or oral, relating to the subject matter hereof. This EULA may not be modified or altered except by written instrument duly executed by both parties.
(c) If any provision of this EULA is deemed to be unenforceable, that provision shall be enforced to the maximum extent permitted to affect the parties' intentions hereunder, and the remainder of this EULA shall continue in full force and effect.
(d) BRICOLSOFT may revise the terms of this EULA at any point during this EULA's term. Any such revision or change will be binding and effective 30 days after you are notified via email. By continuing to use the SOFTWARE PRODUCT after the 30 days period you agree to abide by and be bound by the revisions or changes.



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Users Rating:  
  2.3/5     6
Downloads: 234
Updated At: 2024-03-27
Publisher: Bricolsoft LLC
Operating System: windows
License Type: Free Trial