📄 license.txt
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END USER LICENSE AGREEMENT
Software License Agreement for APISpy32
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW),
OR COPYING THE SOFTWARE, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON
BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF
THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR
OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below, Yariv Kaplan ("AUTHOR") hereby grants
you a non-exclusive, non-transferable, non-assignable license to install and to use the
downloadable version of APISpy32 ("SOFTWARE").
a. You may install and use the SOFTWARE, in source and object code form, on an unlimited
number of computers on your premises for the sole purposes of (i) analyzing Win32
applications and system processes for academic, educational and/or internal research
purposes and (ii) internal evaluation and testing the SOFTWARE and/or providing feedback
to the AUTHOR.
b. Redistributable Code. You may reproduce and distribute the object code form of the SOFTWARE
as specified in Redist.txt ("Redistributable Code"), solely in conjunction with, and as part of,
your academic research and/or non-commercial application ("Permitted Application"); provided that
you comply with the following:
* If you redistribute any portion of the Redistributable Code, you agree that:
(i) you will only distribute the Redistributable Code in conjunction with, and as part of,
your Permitted Application which adds significant functionality to the Redistributable Code;
(ii) you will not distribute the Redistributable Code in any commercial product or for profit;
(iii) you will include a valid copyright notice on your Permitted Application; (iv) you will
not permit further redistribution of the Redistributable Code; and (v) you will indemnify, hold
harmless, and defend the AUTHOR from and against any claims or lawsuits, including attorneys' fees,
that arise or result from the use or distribution of your Permitted Application.
c. License to use Source Code. The AUTHOR grants to Licensee the right to use one copy of the
Source Code version of the enclosed SOFTWARE, as specified in Redist.txt, on a single terminal
connected to a single computer. Licensee may transfer the Source Code to another single computer
PROVIDED no copies of the Source Code licensed herein are retained for use on any other computer.
The Source Code may be installed on a network or file server, PROVIDED that a separate, appropriate
license to use the Source Code has been granted by the AUTHOR for each computer terminal having
access to the Source Code. The Source Code may be transferred to hard disks provided that only
one copy of the Source Code is used at any time. Licensee may make copies of the Source Code
solely for backup or archival purposes. Licensee may not copy and/or distribute the written
materials that accompany the Source Code. Licensee may not provide nor utilize any electronic
access codes to provide the Source Code to any other entity.
d. License to distribute object code in composite program. The AUTHOR hereby grants to Licensee,
and Licensee hereby accepts, a non-exclusive, non-transferable worldwide license to distribute
the Redistributable Code for use only in combination with Licensee's Composite Program. Licensee
shall have the right to include all or any portion of the Redistributable Code version of the SOFTWARE
in ONE COMPUTER SOFTWARE PROGRAM developed by Licensee ("Composite Program"). Licensee may distribute
such Composite Program without royalty to the AUTHOR, provided that Licensee (a) embed the SOFTWARE
object code in such a manner as to prevent its extraction or access; (b) the Composite Program contains
significant functions not contained in the SOFTWARE and that distribution of the Composite Program
does not compete with the AUTHOR's distribution of the SOFTWARE; (c) use of the SOFTWARE by each person
who obtains a copy of the Composite Program is subject to substantially the same restrictions that are
contained in this Agreement; and (d) this Agreement is understood and interpreted as an aid to Licensee
and shall not be construed to permit customers of Licensee to make copies of, have access to or otherwise
have disclosed to them the Source Code of the SOFTWARE, whether the original Source Code or altered versions.
e. EXPENSES. Licensee shall be solely responsible for all expenses incurred in the distribution of the
Composite Program utilizing the SOFTWARE.
f. MODIFICATION. SOFTWARE Source Code may be modified by Licensee without the prior written permission of the AUTHOR.
Any modifications made to the SOFTWARE will continue to be subject to the terms and conditions of this License.
g. Whether you are licensing the SOFTWARE as an individual or on behalf of a an entity, you may not: (i) remove any
proprietary notices or labels on the SOFTWARE; or (ii) resell, lease, rent, transfer, sublicense, or otherwise
transfer rights to the SOFTWARE.
2. COPYRIGHT: All rights, title, and copyrights in and to the SOFTWARE and any copies of the SOFTWARE are owned by
the AUTHOR. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must
treat the SOFTWARE like any other copyrighted material.
3. TITLE: You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you.
Title, ownership, rights, and intellectual property rights in and to the SOFTWARE shall remain the exclusive
property of the AUTHOR. The SOFTWARE is protected by copyright laws of the United States and international treaties.
4. UPDATES: From time to time, the AUTHOR may make available updates to the SOFTWARE. All updates to the SOFTWARE
are governed by this Agreement, unless other license terms are provided with the update.
5. YOU AGREE THAT THE AUTHOR HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCT AND THAT
THE PRODUCT IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. THE AUTHOR DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR SHALL
NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. IN NO EVENT
SHALL THE AUTHOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THIS SOFTWARE, EVEN IF THE AUTHOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT
WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE THE AUTHOR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION
SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
6. LIMITATION OF LIABILITY: You must assume the entire risk of using the SOFTWARE.
7. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described
in this Agreement. No notice shall be required from the AUTHOR to effectuate such termination. Upon termination,
you must uninstall and destroy all copies of the SOFTWARE.
8. MISCELLANEOUS:
Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not
affect the validity of the remaining portions of this Agreement.
Governing Law
This Agreement is governed by the laws of the State of Israel.
Entire Agreement.
You agree that this is the entire agreement between you and the AUTHOR, which supersedes any prior agreement,
whether written or oral, and all other communications between the AUTHOR and you relating to the subject matter
of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by the AUTHOR.
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