Copyright (C) 1999-2009 EMS Database Management Solutions, Inc.
END-USER LICENSE AGREEMENT-SINGLE DEVELOPER LICENSE
FOR ALL SOFTWARE COMPONENT PRODUCT(S)
IMPORTANT- READ CAREFULLY: This EMS Database Management Solutions, Inc.
("EMS") End-User License Agreement ("EULA") is a legal agreement between
you, an individual developer of software applications, ("Developer End
User") and EMS for all EMS software components, source code, demos,
intermediate files, media, printed materials, and "online" or electronic
documentation ("SOFTWARE COMPONENT PRODUCT(S)") contained in this
installation file.
EMS grants to you as an individual, a personal, nonexclusive license to
install and use the SOFTWARE COMPONENT PRODUCT(S) for the sole purposes of
designing, developing, testing, and deploying application programs which
you create. If you are an entity, you must designate one individual within
your organization to license the right to use the SOFTWARE COMPONENT
PRODUCT(S) in the manner provided herein.
By installing, copying, or otherwise using the SOFTWARE COMPONENT
PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not
agree to any part of the terms of this EULA, DO NOT INSTALL, USE,
DISTRIBUTE IN ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR
PORTION OF THE SOFTWARE COMPONENT PRODUCT(S). Immediately return it to
place of purchase for a full refund.
All SOFTWARE COMPONENT PRODUCT(S) is licensed, not sold.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed
right of use for this SOFTWARE COMPONENT PRODUCT(S) is purchased by you
with any intent to reverse engineer, decompile, and the exploitation or
unauthorized transfer of any EMS intellectual property and trade secrets,
to include any exposed methods or source code where provided, no licensed
right of use shall exist, and any PRODUCT(s) created as a result shall be
judged illegal by definition of all applicable law. Any sale or resale of
intellectual property or created derivatives so obtained will be prosecuted
to the fullest extent of all local, federal and international law.
1. GRANT OF LICENSE. This EULA, if legally executed as defined herein,
licenses and so grants the single individual Developer End User the
following rights:
SOFTWARE COMPONENT PRODUCT(S). You may install and use one copy of the
SOFTWARE COMPONENT PRODUCT(S), including any and all source code if
provided, or any prior version legally licensed for the same operating
system, on a single computer. The primary user of the computer on which the
SOFTWARE COMPONENT PRODUCT(S) is installed may make a second copy for his
or her exclusive use on a portable computer. You acknowledge and agree that
the SOFTWARE COMPONENT PRODUCT(S) in source code form remains a
confidential trade secret of EMS.
(a) Storage/Network Use. You, as Developer End User, may also store or
install a copy of the SOFTWARE COMPONENT PRODUCT(S) on a storage device,
such as a network server, used only to install or run the SOFTWARE
COMPONENT PRODUCT(S) on your other computers over an internal network;
however, Developer End User must acquire and dedicate a license for each
separate computer on which the SOFTWARE COMPONENT PRODUCT(S) is installed
or run from the storage device. A license for the SOFTWARE COMPONENT
PRODUCT(S) may not be shared or used concurrently on different computers.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2. Not for Resale Software. If the SOFTWARE COMPONENT PRODUCT(S) is
labeled and provided as "Not for Resale" or "NFR", then, notwithstanding
other sections of this EULA, you may not resell, distribute, or otherwise
transfer for value or benefit in any manner, the SOFTWARE COMPONENT
PRODUCT(S) or any derivative work using the SOFTWARE COMPONENT PRODUCT(S).
You may not transfer, rent, lease, lend, copy, modify, translate,
sublicense, time-share or electronically transmit the SOFTWARE COMPONENT
PRODUCT(S), media or documentation. This also applies to any and all
intermediate files, source code, and compiled executables.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE COMPONENT
PRODUCT(S), and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. The provision
of source code, if included with the SOFTWARE COMPONENT PRODUCT(S), does
not constitute transfer of any legal rights to such code, and resale or
distribution of all or any portion of all source code and intellectual
property will be prosecuted to the fullest extent of all applicable local,
federal and international laws. You agree to take all reasonable, legal and
appropriate measures to prohibit the illegal dissemination of the SOFTWARE
COMPONENT PRODUCT(S) or any of its constituent parts and Distributables to
the fullest extent of all applicable local, US and International Laws and
Treaties regarding anti-circumvention, including but not limited to, the
Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic
Conferences.
Separation of Components, their constituent parts and Redistributables.
The SOFTWARE COMPONENT PRODUCT(S) is licensed as a single PRODUCT(s). The
SOFTWARE COMPONENT PRODUCT(S) and its constituent parts and any provided
Distributables may not be reverse engineered, decompiled, disassembled or
separated for use on more than one computer, nor placed for distribution,
sale, or resale as individual creations by Developer End User. The
provision of source code, if included with the SOFTWARE COMPONENT
PRODUCT(S), does not constitute transfer of any legal rights to such code,
and resale or distribution of all or any portion of all source code and
intellectual property will be prosecuted to the fullest extent of all
applicable local, federal and international laws. All EMS libraries, source
code, Redistributables and other files remain EMS's exclusive property.
Regardless of any modifications that you make, you may not distribute any
files (particularly EMS source code and other non-executable files) except
those that EMS has expressly designated as Redistributable. EMS PRODUCT(s)
may include certain files ("Redistributables") intended for distribution by
you to the users of programs you create. Redistributables include, for
example, those files identified in printed or on-line documentation or
identified by EMS as redistributable files, or those files preselected for
deployment by an install utility provided with the SOFTWARE COMPONENT
PRODUCT(S) (if any). In any event, the Redistributables for the SOFTWARE
COMPONENT PRODUCT(S) are only those files specifically designated as such
by EMS. From time to time, EMS may designate other files as
Redistributables. You must contact EMS to obtain a list of for additional
information on redistributable files. Subject to all of the terms and
conditions in this EULA, you may reproduce and distribute exact copies of
the Redistributables, provided that such copies are made from the original
copy of the SOFTWARE COMPONENT PRODUCT(S) or the copy transferred to the
single hard disk. Copies of Redistributables may only be distributed with
and for the sole purpose of executing application programs permitted under
this EULA that you have created using the SOFTWARE COMPONENT PRODUCT(S).
Under no circumstances may any copies of Redistributables be distributed
separately.
3. Rental. You may not rent, lease, or lend the SOFTWARE COMPONENT
PRODUCT(S).
SOFTWARE COMPONENT PRODUCT(S) Transfer. You may NOT permanently or
temporarily transfer ANY of your rights under this EULA to any individual
or entity. Regardless of any modifications which you make and regardless
of how you might compile, link, and/or packa
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