TreeVu ActiveX Control 32bit 1.3

EULA - End User License Agreement

TreeVu ActiveX Control License Agreement
Copyright (c) 2010 GraphVu. All rights reserved.
These license terms are an agreement between GraphVu and you. Please read them. They apply to the software that accompanies these license terms, which includes the media on which you received it, if any. The terms also apply to any updates and supplements for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH SOFTWARE LICENSE YOU ACQUIRE.
1. OVERVIEW.
a. SOFTWARE. The software includes design and development tools, software programs and documentation.
b. LICENSE MODEL. The software is licensed on a per user basis.
2. INSTALLATION AND USE RIGHTS.
a. GENERAL. One user may install and use copies of the software to design, develop, test and demonstrate your programs. Testing does not include staging on a server in a production environment, such as loading content prior to production use.
b. INCLUDED GRAPHVU PROGRAMS. These license terms apply to all GraphVu programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. USER TESTING. Your end users may access the software to perform acceptance tests on your programs.
b. DISTRIBUTABLE CODE. The software may contain code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are Distributable Code.
- TreeVu.ocx executable. You may copy and distribute the object code form of TreeVu.ocx file.
- Sample Code. You may copy, modify, and distribute the source and object code form of code marked as sample.
- Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
- add significant primary functionality to it in your programs;
- require distributors and external end users to agree to terms that protect it at least as much as this agreement;
- display your valid copyright notice on your programs; and
- indemnify, defend, and hold harmless GraphVu Software from any claims, including attorneys' fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
- distribute TreeVu.lic development license file;
- modify and distribute the source code in the include directory;
- alter any copyright, trademark or patent notice in the Distributable Code;
- use GraphVu's trademarks in your programs' names or in a way that suggests your programs come from or are endorsed by GraphVu;
- include Distributable Code in malicious, deceptive or unlawful programs; or
- modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
- the code be disclosed or distributed in source code form; or
- others have the right to modify it.
4. SCOPE OF LICENSE.
The software is licensed, not sold. This agreement only gives you some rights to use the software. GraphVu reserves all other rights. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the software for others to copy;
- rent, lease or lend the software; or
- use the software for commercial software hosting services.
5. BACKUP COPY.
You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION.
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. UPGRADE.
If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may use the earlier version only as permitted in the Downgrade clause below.
8. TRANSFER TO A THIRD PARTY.
The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
9. GOVERNING LAW.
This Agreement is governed by and interpreted in accordance with English law. Any disputes or claims relating to this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

THIS SOFTWARE IS PROVIDED AS IS AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GRAPHVU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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