license.txt

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hav.Software End User License Agreement

This is a legal agreement between you, the licensee, and hav.Software.  

You should carefully read the following RESTRICTIONS, TERMS and CONDITIONS  before opening this package or otherwise using or distributing this Product. By opening this package, or using or distributing this Product, you and, if applicable, the company, organization or other entity for which you work or for whom you are acting as an agent, are agreeing to be bound by these restrictions, terms and conditions. If you do not agree to any of the restrictions, terms or conditions, you should promptly return the unopened materials and/or, destroy all electronic forms of the Product in your possession or for which you are responsible that are not on original distribution CD ROM or Floppy Disks.  If you have purchased the product from hav.Software, you should provide a signed affidavit stating that all hav.Software Products (and any copies you may have made) for which you are responsible and which are covered by this agreement have been returned or destroyed and your purchase price will be refunded.

If you have reason to suspect that you have received or are using this product in breech of any of the restrictions, terms or conditions of this agreement, you should immediately contact hav.Software to explain your concern and to determine whether or not you should return or destroy the product in question.


EXPORT RESTRICTIONS:

No hav.Software Products or Software nor its documentation nor any of the underlying information or technology may be exported or re-exported (i) into (or to a national, resident or agent of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.  Furthermore, only hav.Software or it's designated agents may export any hav.Software Product to the People's Republic of China or to any national, resident or agent of the People's Republic of China.

By ordering, downloading or using any hav.Software Product or any documentation related to any hav.Software Product, you are agreeing to all parts of this agreement and you are representing and warranting that you are not located in, under the control of, or a national, resident or agent of any such country or on any such list.


TERMS and CONDITIONS: 

	1. Product or Software is used to refer to any plain text, source-code, binary or byte-code form of any hav.Software property in any form including but not necessarily limited to computer file or printed copy.

	2. Licensee, User or "You" are used to refer to the person taking possession of any hav.Software Product from any source and, for Site- Corporate- or OEM licenses, and/or the company, organization or other entity for which the person taking possession of any hav.Software Product from any source works or is acting as an agent.

	3. "Derivative Product" is used to refer to property of the licensee that includes any form of any physical, software or intellectual property of hav.Software.

	4. SOURCE CODE: This Product may be licensed in source-code form. The source-code consists of class implementation files and, possibly, header files (.h files) and, possibly, some electronic or printed form of documentation any and all of which are represented in human readable form either as delivered or when printed or otherwise viewed. hav.Software retains all title and ownership of the Product and all rights not explicitly granted herein or in any separate agreements appropriately signed and executed by both hav.Software and the licensee.

	4a. BINARY or BYTE-CODE: This Product may be licensed in binary or byte-code form.  You will not decompile or otherwise reverse engineer this product or any of it's components.  

	4b. The Product is owned by hav.Software and is protected by copyright laws and international treaty provisions.  No title to intellectual property is being transferred.  hav.Software retains all title and ownership of the Product and all rights not explicitly granted herein or in separate agreements appropriately signed and executed by both hav.Software and the licensee.

	5. This non-exclusive "right to use" license is assigned to you, the licensee, as a single individual, and may not be used by anyone other than you. Under no circumstances are you allowed to cause any form of the Product or documentation to be disclosed to any third party including but not limited to co-workers, friends, acquaintances and family, without the written and signed approval of hav.Software by a separate agreement.

	5a. If you are acting as the agent for any company or other organization in obtaining this hav.Software Product, you may share the product as needed with fellow employees or members of the organization.  In this case all such employees or members and the company or organization as a whole are bound by this agreement.

	6. This license will remain in effect until terminated by hav.Software. This license will be terminated automatically, without notice, if you fail to comply with any provision of this agreement. On termination, you will return to hav.Software or destroy all copies of the Product and its documentation for which you are responsible. Any applications or Products that you may have developed and/or distributed in breech of this agreement, along with all proceeds from such applications or Products, shall, at hav.Software抯 discretion, become the exclusive property of hav.Software.

	6a. In the case of trial or evaluation copies of hav.Software products, the license will terminate at the end of the trial or evaluation period.  The period may be limited by any or some combination of Date, Number of Uses and/or some number of days following first use.

	7. Use or presence of all or any part of Product will constitute the use or presence of the whole Product and all appropriate sections of this agreement apply.

	8. You are free to use the Product on more than one physical computer system, assuming that it is not otherwise restricted (by electronic license, for example) to be run on some specific number of machines - and assuming that no third party has access to the Product on such computer systems and so long as all terms and conditions of this license agreement are met.

	9. The PRODUCT is provided "as is". YOU ASSUME FULL RESPONSIBILITY FOR THE USE AND SECURITY OF THE PRODUCT. HAV.SOFTWARE WARRANTS ONLY THAT THE PHYSICAL MEDIA, ON WHICH THE PRODUCT IS PROVIDED TO YOU, IS FREE FROM PHYSICAL DEFECTS, UNDER NORMAL AND REASONABLE USE, FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF DELIVERY TO YOU. HAV.SOFTWARE扴 ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF ANY PHYSICAL MEDIA NOT MEETING THE REQUIREMENTS OF PARAGRAPH 9 (ABOVE) AND WHICH IS RETURNED TO HAV.SOFTWARE; OR, IF HAV.SOFTWARE IS UNABLE TO DELIVER PHYSICAL MEDIA THAT IS FREE FROM PHYSICAL DEFECTS, YOU MAY TERMINATE THIS AGREEMENT BY RETURNING THE PRODUCT AND DOCUMENTATION AND DESTROYING ANY COPIES THAT YOU MAY HAVE MADE, AND YOUR MONEY WILL BE RETURNED.

	9a. HAV.SOFTWARE MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING IN ANY WAY TO THE PRODUCT, OR ANY APPLICATION OR DERIVATIVE PRODUCT, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT,  MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. HAV.SOFTWARE SHALL NOT BE RESPONSIBLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY LOSSES, COSTS, OR OTHER DAMAGES, OF ANY KIND, THAT MIGHT ARISE OR BE INCURRED OR EXPERIENCED DUE TO THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY DERIVATIVE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.  This disclaimer constitutes an essential part of the Agreement.

	9b. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU AGREE THAT hav.Software IS NOT AND SHALL NOT BE LIABLE, UNDER ANY LEGAL THEORY, INCLUDING TORT, CONTRACT OR OTHERWISE, FOR ANY DAMAGES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A DIRECT OR INDIRECT RESULT OF THE USE OR INABILITY TO USE THE PRODUCT OR ANY DERIVATIVE PRODUCT EVEN IF hav.Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

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	14. You are not allowed to use the Product, in any form, as part of any Derivative Product that will be competitive with hav.Software's Products. 

	15. The Product as delivered may include one or more example applications that illustrate the use of the Product or its classes and features. You are free to use and experiment with these example applications, but you are not allowed to sell or otherwise distribute these applications in any form.  If example applets are provided as components of the Product, you are free to place such applets on publicly available websites UNLESS there is some product specific statement excluding such use on publicly available websites.

	16. hav.Software reserves the right to assign this agreement; however, you may not assign, resell or sub-license this agreement or Product.

	17. Failure by hav.Software to enforce any terms or conditions herein, in any particular instance, shall in no way constitute a waiver of its rights in general or in particular under this agreement nor preclude subsequent enforcement thereof.

	18. If any provision of this agreement is deemed to be invalid, illegal, or unenforceable as written, it is intended for any court construing this agreement to modify or limit such provision so as to render it valid and enforceable to the full extent allowed by law. Any provision not susceptible to such reformation shall not affect any other provision hereof, and this agreement shall be construed as if such provision had never been contained herein.

	19. This agreement shall be governed and interpreted by the laws of the state of Texas, U.S.A., whose Harris County State and Federal courts shall have exclusive jurisdiction and venue.
 
	20. This may be the only agreement between hav.Software and you relating to the Product. Any other agreements will exist in written form and be agreed to, by signature, by both you and hav.Software, and shall contain explicit identification of any provisions herein that are super ceded. No verbal agreements do or will exist.