LIQUID TECHNOLOGIES LIMITED END-USER LICENSE AGREEMENT
FOR LIQUID XML STUDIO 2012
IMPORTANT: This Liquid Technologies Limited End User
License Agreement ("EULA") is a legal agreement between you and
Liquid Technologies Limited for the software product identified above, which
includes computer software and may include associated media, printed materials,
and "online" or electronic documentation (collectively, the
"SOFTWARE"). PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE
INSTALLATION PROCESS AND USING THE SOFTWARE. By installing, copying, or
otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, then do not install or use the
SOFTWARE.
SOFTWARE LICENSE
1. DEFINITIONS
(a) “LIQUID
TECHNOLOGIES” means Liquid Technologies Limited.
(b) “REDISTRIBUTABLE
FILES” means the generated source code files compiled into a binary form and
the associate LIQUID TECHNOLOGIES Run-Time files.
(c) “END
USER PRODUCT” means data created by the SOFTWARE and distributed to any third
party.
(d) “END
USER” means a person who uses the END USER PRODUCT.
(e) “DEVELOPER”
means a person who uses the REDISTRIBUTABLE FILES to produce an END USER
PRODUCT.
(f) "TRIAL
EDITION" means a version of the SOFTWARE, so identified, for use under a
limited Trial License only to review, demonstrate and evaluate the SOFTWARE for
a limited time period of 30 days.
(g) “EDUCATION
EDITION” means a version of the SOFTWARE, so identified, for use by students
and faculty of educational institutions only and not for any commercial
application.
2. LICENSE GRANTS
This EULA grants you the following limited, non-exclusive
rights subject to the terms and conditions set forth in this EULA:
(a) Your
license rights under this EULA are NON-EXCLUSIVE and NON-TRANSFERABLE.
(b) You
may install and use the SOFTWARE on a single computer; OR install and store the
SOFTWARE on a storage device, such as a network server, used only to install
the SOFTWARE on your other computers over an internal network, provided you
have a license for each separate computer on which the SOFTWARE is installed
and run.
(i) An
Installed User license for the SOFTWARE may not be shared, installed or used
concurrently on different computers.
(ii) A
Concurrent User license for the SOFTWARE may be shared and installed on up to
10 computers, provided that no more than the maximum number of Concurrent User licenses
purchased is in use at any one time.
(c) You
are granted a non-exclusive, royalty-free right to make copies of the
REDISTRIBUTABLE FILES, and distribute those copies to your END USERS; provided
that (i) you only distribute the REDISTRIBUTABLE FILES in conjunction with, and
as part of your END USER PRODUCT which adds significant and primary
functionality to the REDISTRIBUTABLE FILES; (ii) you ensure all copyright
notices are retained; (iii) you include a valid copyright notice on your END
USER PRODUCT or include recognition that portions are the copyright of LIQUID
TECHNOLOGIES; (iv) you include a license agreement with your END USER PRODUCT
that does not permit further distribution of the REDISTRIBUTABLE FILES by your
END USER; (v) you indemnify, hold harmless, and defend LIQUID TECHNOLOGIES from
and against any claims or lawsuits, including attorney’s fees, that arise as a
result from the use or distribution of your END USER PRODUCT.
3. LICENSE RESTRICTIONS
(a) Other
than as set forth in Section 2, you may not make or distribute copies of the
SOFTWARE, or electronically transfer the SOFTWARE from one computer to another
or over a network.
(b) You
shall not allow any REDISTRIBUTABLE FILES to be used in any way by a DEVELOPER
who does not have a licensed version of the SOFTWARE.
(c) You
shall not allow any REDISTRIBUTABLE FILES to be used in any way by a DEVELOPER
who has a license for the Starter Edition version of the SOFTWARE.
(d) You
shall not use the SOFTWARE to develop any END USER PRODUCT having the same
primary function as the SOFTWARE.
(e) You
may not alter, merge, modify, adapt or translate the SOFTWARE, or decompile,
reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a
human-perceivable form.
(f) You
may not rent, lease, lend, sell, resell, or otherwise transfer whether for
value or otherwise, the SOFTWARE to third parties without LIQUID TECHNOLOGIES’S
written approval and subject to written agreement by the recipient of the terms
of this EULA.
(g) You
shall not (i) install or use more than one copy of the TRIAL EDITION, (ii)
download the TRIAL EDITION under more than one username, (iii) alter the
computer system to enable the use of the TRIAL EDITION for a period in excess
of 30 days, (iv) use or distribute any END USER PRODUCT of the TRIAL EDITION
for any commercial purpose, and (v) use the TRIAL EDITION for a purpose other
than the sole purpose of determining whether to purchase a license to a
commercial or education version of the software; provided, however,
notwithstanding the foregoing, you are strictly prohibited from installing or
using the TRIAL EDITION for any commercial training purpose.
(h) An
EDUCATION EDITION may not be used for, or distributed to any party for, any
commercial purpose.
(i) END
USER PRODUCT of the EDUCATION VERSION may not be distributed or used for any
commercial purpose.
(j) LIQUID
TECHNOLOGIES may terminate this EULA if you fail to comply with any term or
condition of this EULA. In such event, you must destroy all copies of the
SOFTWARE.
4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The SOFTWARE is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties. The SOFTWARE is licensed, not sold. Furthermore, this EULA does
not grant you any rights in connection with any trademarks or service marks of
LIQUID TECHNOLOGIES. LIQUID TECHNOLOGIES reserves all intellectual property
rights, including copyrights, and trademark rights.
5. NO WARRANTIES
YOU ACCEPT THE SOFTWARE "AS IS," AND LIQUID
TECHNOLOGIES LIMITED (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO
WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, LIQUID TECHNOLOGIES LIMITED (AND ITS THIRD PARTY
SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND
CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS
WITH YOU.
6. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL LIQUID TECHNOLOGIES LIMITED (OR
ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE
PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LIQUID
TECHNOLOGIES LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY CASE, LIQUID TECHNOLOGIES LIMITED'S (AND ITS THIRD PARTY SUPPLIERS' AND
LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
7. DOCUMENTATION AND EXAMPLES
LIQUID TECHNOLOGIES LIMITED BEARS NO LIABILITY FOR ANY
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR FOR DAMAGES RESULTING FROM
USE OF THE INFORMATION IN ANY PROVIDED DOCUMENTATION AND/OR EXAMPLES.
8. REFUND POLICY
A free limited TRIAL EDITION is granted when you download
this SOFTWARE. We recommend that you use this to evaluate the product before
making a purchase.
Refunds will be given at the discretion of the Company
Management.
9. SOFTWARE UPDATES
This license does not grant you any right to any updates to
the SOFTWARE, or any support services. The SOFTWARE has built in functionality
to automatically check for updates by transmitting data to the LIQUID
TECHNOLOGIES servers. You agree that LIQUID TECHNOLOGIES may transfer such data
over your network and the internet to LIQUID TECHNOLOGIES servers, download
updates and install them as part of the SOFTWARE.
10. TERMINATION OR EXPIRY
(a) The
Licensor may by notice in writing to the Licensee terminate this License if any
of the following events shall occur, viz.:
(i) if
the Licensee is in breach of any term, condition or provision of this License
or required by the applicable law and fails to remedy such breach (if capable
of remedy) within 30 days of having received written notice of such breach from
the Licensor;
(ii) if
the Licensee, being a body corporate, shall present a petition or have a
petition presented by a creditor for its winding up, or shall convene a meeting
to pass a resolution for voluntary winding up, or shall enter into any
liquidation (other than for the purposes of a bona fide reconstruction or
amalgamation); shall call a meeting of its creditors, or shall have a receiver
of all or any of its undertakings or assets appointed, or shall be deemed by
the relevant statutory provisions under the applicable law to be unable to pay
its debts.
(b) Upon
termination or expiry, the Licensee shall immediately cease to use the
Software, delete all copies of it and shall pay to the Licensor all costs and
expenses, including legal and other fees incurred and all arrears of fees,
charges or other payments arising in respect of the Software, this License or
otherwise.
(c) Termination
or expiry, howsoever or whenever occasioned shall be subject to any rights and
remedies the Licensor may have under this License or in law.
11. ASSIGNMENT
The Licensee shall not assign or otherwise transfer all or
part of the Software or this License without the prior written consent of the
Licensor.
12. WAIVER
Failure or neglect by the Licensor to enforce at any time
any of the provisions hereof shall not be construed nor shall be deemed to be a
waiver of the Licensor's rights hereunder nor in any way affect the validity of
the whole or any part of this License nor prejudice the Licensor's rights to
take subsequent action.
13. SEVERABILITY
In the event that any of these terms, conditions or
provisions shall be determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision shall
to that extent be severed from the remaining terms, conditions and provisions
which shall continue to be valid to the fullest extent permitted by law.
14. NOTICES
Any notice to be given by either party to the other may be
sent by recorded delivery to the address of the other party as appearing herein
or such other address as such party may from time to time have communicated to
the other in writing and if so sent shall be deemed to be served 3 days
following the date of posting.
15. LAW
The parties hereby agree that the License concluded between
them and constituted on these terms and conditions shall be construed in
accordance with English Law.
Copyright © 2001-2012 Liquid Technologies Limited. All
rights reserved.