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By using software from componentXtra, you agree that you are bound by the terms
and conditions below (the term 'component' also covers applications):
1. Components is licensed and not sold to you. Components from componentXtra is
owned by us and is protected by copyright law, and we reserve ownership of all
intellectual property rights in it, and all rights other than those expressly
granted by this Agreement. You are not required to accept this License, since
you have not signed it. However, nothing else grants you permission to use
components from componentXtra. These actions are prohibited by law if you do
not accept this License. Therefore, by using components from componentXtra, you
indicate your acceptance of this License to do so, and all its terms and
conditions.
2. Subject to payment of the componentXtra License fee:
2.1. We grant to you a non-transferable and non-exclusive license to install
and use one copy of componentXtra on a single computer. Depending on your
purchase, you are granted with: (a) runtime license(s) and/or (b) design time
royalty-free license(s). Depending on the type of your license, the number of
the computers you are allowed to install and use componentXtra might change. We
will grant you appropriate number of licenses depending on the type of the
license you have purchased. Your computer's unique identification number,
called "machine id" is embedded into your license file(s) such that it cannot
be used on another computer.
2.2. Having been granted the componentXtra runtime license, you may use one
copy of componentXtra to integrate to the applications installed on one
computer, providing that each application adheres the following conditions:
2.2.1. The application may not compete with componentXtra,
2.2.2. The application may not expose the functionality of componentXtra
through a programmable interface.
2.3. Having been granted the Royalty Free componentXtra design time license,
you may embed runtime license files in your application and redistribute
unlimited copies of your application with componentXtra components integrated
into it on the end user's computer, providing that each application adheres the
following conditions:
2.3.1. The application may not compete with componentXtra,
2.3.2. The application may not expose the functionality of componentXtra
through a programmable interface.
2.3.3. The license file may not be embedded in an application or distributed in
any other manner automatically handled by the compiler that makes the license
file appearance to the end user.
2.3.4. The application must be marked with a prominent copyright notice bearing
the name of the licensee same as the name during registration.
2.4. If you later upgrade componentXtra, this Agreement will terminate, and all
copies of the componentXtra to which it applies must be destroyed.
2.5. In addition, you may make no more than a reasonable number of backup
copies of componentXtra; and utilise and make prints for your own personal use
of (but not otherwise copy) any instructional and/or operational manuals
relating to componentXtra.
2.6. You will promptly install any updated versions of componentXtra we may
make available to you.
2.7. This license replaces any earlier license we may have granted to you for
the use of earlier versions of componentXtra.
3. This Agreement and license is personal to you; you must keep any license
File(s) provided to you confidential, and (save to such extent as may be
expressly permitted by this license) you may not copy, rent, lease, assign or
otherwise distribute or part with componentXtra components or any accompanying
written materials. You must take reasonable steps to protect componentXtra
components from unauthorised copying, publication, disclosure or distribution.
4. You may not modify componentXtra. You may not disassemble, decompile, or
reverse engineer componentXtra, or otherwise attempt to discover the source
code of componentXtra, except as expressly permitted under the European Council
Directive of 14 May 1991 on the Legal Protection of Computer Programs ("the
Directive"). In the event of any inconsistency between the Directive and any US
legislation, the terms of the Directive shall prevail.
5. Warranties, and Limitation of Liability:
5.1. You acknowledge that you have had the opportunity to evaluate
componentXtra components without charge, and that you have satisfied yourself
that it meets your requirements in all material respects.
5.2. You acknowledge that it is not technically practicable to guarantee
software to be error-free, and you agree that if any such errors are found to
exist they shall not constitute a breach of this Agreement.
5.3. IN THE EVENT THAT YOU DISCOVER A MATERIAL ERROR WHICH SUBSTANTIALLY
AFFECTS YOUR USE OF componentXtra components AND NOTIFY US OF THE ERROR WITHIN
90 DAYS FROM THE DATE OF THE EARLIER OF RECEIPT OF componentXtra components AND
PAYMENT OF THE LICENSE FEE (THE "WARRANTY PERIOD") WE SHALL AT OUR SOLE OPTION
EITHER REFUND THE LICENSE FEE (IF ANY) OR USE ALL REASONABLE ENDEAVOURS TO
CORRECT BY PATCH OR NEW RELEASE (AT ITS OPTION) THAT PART OF componentXtra
component WHICH DOES NOT SO COMPLY PROVIDED THAT SUCH NON-COMPLIANCE HAS
NOT BEEN CAUSED BY ANY MODIFICATION, VARIATION OR ADDITION TO componentXtra
components NOT PERFORMED BY US OR CAUSED BY ITS INCORRECT USE, ABUSE OR
CORRUPTION OF componentXtra components OR BY USE OF componentXtra components
WITH OTHER SOFTWARE OR ON EQUIPMENT WITH WHICH IT IS INCOMPATIBLE.
5.4. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL OTHER
WARRANTIES WITH RESPECT TO componentXtra components, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE.
5.5. ALTHOUGH WE DO NOT WARRANT THAT componentXtra components SUPPLIED
HEREUNDER SHALL BE FREE FROM ALL KNOWN VIRUSES WE HAVE USED COMMERCIALLY
REASONABLE EFFORTS TO CHECK FOR THE MOST COMMONLY KNOWN VIRUSES. YOU ARE
NEVERTHELESS SOLELY RESPONSIBLE FOR VIRUS SCANNING componentXtra components.
5.6. WE SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR DAMAGE
WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION
WITH THIS LICENSE, componentXtra components, ITS USE OR OTHERWISE, EXCEPT TO
THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE
APPLICABLE LAW.
5.7. NOTWITHSTANDING THE GENERALITY OF THE ABOVE, IN NO EVENT WILL WE BE LIABLE
FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY
ARISE IN RESPECT OF componentXtra components, ITS USE, OR IN RESPECT OF OTHER
EQUIPMENT OR PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR
ANTICIPATED SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS.
5.8. componentXtra components, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS,
ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE OBJECT. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
5.9. IF ANY EXCLUSION OR LIMITATION CONTAINED IN THIS LICENSE SHALL BE HELD TO
BE INVALID FOR ANY REASON AND WE BECOME LIABLE FOR LOSS OR DAMAGE THAT MAY
LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE LICENSE FEE PAID BY
YOU FOR componentXtra components.
5.10. We do not exclude liability for death or personal injury to the extent
only that it arises as a result of our negligence or that of our employees,
agents or authorized representatives.
6. You acknowledge that these terms supersede all prior agreements, and are
complete and exclusive. No oral or written information given by us or on our
behalf shall create a warranty or collateral contract, or in any way increase
the scope of this warranty in any way, and you may not rely on any such advice.
7. If any provision in this Agreement shall be determined to be invalid, such
provision shall be deemed omitted; the remainder of this Agreement shall stand.
8. This License shall be governed by the laws of United States of America.
February 2004
componentXtra
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