chilkatlicense.txt

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SINGLE USER Software License

PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE 
PACKAGE. IF YOU OPEN THIS PACKAGE OR KEEP IT FOR MORE THAN 
THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS 
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND 
CONDITIONS, DO NOT OPEN THIS SOFTWARE PACKAGE, AND PROMPTLY 
RETURN THIS SOFTWARE PACKAGE ALONG WITH DATED PROOF OF 
PAYMENT FOR A REFUND. YOU MAY ONLY UNLOCK AND/OR USE THE 
SOFTWARE FOR WHICH YOU HAVE A PAID-UP LICENSE AND FOR 
WHICH YOU HAVE LEGALLY RECEIVED AN UNLOCK KEY.

(1) DEFINITION OF TERMS

"Documentation": any explanatory written or on-line 
material including, but not limited to, user guides, reference 
manuals and HTML files.

"Software": all material in this distribution including, but
not limited to, one or more of the following: source code, 
object code, byte code, dynamic-link libraries, shared 
libraries, static libraries, header files, executables, scripts, 
sample programs, utility programs, makefiles and Documentation.

"Licensed Software": the Software for which you have paid 
the applicable license fee and received an authorized unlock 
key.

"Software Application Programming Interface ("API")": the set 
of access methods, whether provided by Chilkat Software, third 
parties, or developed by the licensee, through which the 
programmatic services provided by the Licensed Software are 
made available. The aforementioned access methods may use 
technology including, but not limited to, header files, events, 
network communications, macro and scripting languages, 
component technologies such as COM or JavaBeans, or distributed 
technologies such as CORBA, DCOM, or Java RMI.

"Value-Added Interface": a programmatic interface that has 
added significant value to the Software Application Programming 
Interface and makes use of the Licensed Software in its 
implementation, but without exposing any part of the Software 
Application Programming Interface through any means either 
directly or indirectly.

"User Software Product": an application developed by the 
licensee intended for execution on a computer, that makes use 
of the Licensed Software in its implementation, but without 
exposing any part of the API through any means either directly 
or indirectly.


SPECIAL LIMITED TERM EVALUATION LICENSE

If you have been provided with a copy of the Software for 
evaluation purposes, Chilkat Software, Inc. ("Chilkat") grants 
to you, subject to the terms of this Single User License 
Agreement (excluding Section 4, under which you have no rights) 
a non-exclusive, non-transferable, non-concurrent limited internal 
use license for evaluation purposes only. This license is for a 
period of thirty (30) days, commencing upon receipt of the Software, 
or, if received electronically, from your initial downloading date, 
to evaluate the Software. If the Software is acceptable, you agree 
to promptly notify your Chilkat Sales Representative. 
Otherwise, you shall immediately cease any further use of the 
Software, and return all copies of the Software (including the 
original) to Chilkat or destroy all copies of the Software 
(including the original) and related Documentation provided to you 
by Chilkat and provide Chilkat written confirmation that you have 
done so.


(2) GENERAL

The Software is owned by Chilkat Software, Inc. ("Chilkat") and is 
protected by U.S. copyright laws and other laws and by international 
treaties. It is intended for use by a software programmer who has 
experience using development tools and class libraries. The Software 
is not intended for use by consumers for household use.

This Chilkat Single User Software License Agreement ("Agreement") 
accompanies the Licensed Software. This copy of the Licensed Software 
is licensed to you as the end user or to your employer ("Company") for 
your exclusive use as an end user. "You" as used in the remainder of 
this Agreement shall refer to the individual licensee, whether as an 
individual programmer or as a Company. If you do not accept this 
Agreement, you may return this package along with dated proof of 
purchase to the place you obtained it within thirty (30) days and your 
money will be refunded, and you will not be licensed 
to unlock or to use the Software.


(3) LICENSE GRANTS

(a) Subject to the terms and conditions of this Agreement , if you 
have agreed to pay the applicable license fee for the Licensed Software, 
Chilkat grants to you the non-exclusive, non-transferable, non-concurrent 
right to use the Software Application Programming Interface on a single 
computer by a single individual user. If multiple copies have been 
purchased, you may load one copy of the Licensed Software on a server and 
permit those individuals (who purchased the Licensed Software or for whom 
the Licensed Software was purchased) to access and execute the Licensed 
Software. This is not a concurrent user license; the rights granted are not 
for any individual(s) up to the number of licenses purchased. The rights 
are granted only to the specified individual(s) in your purchase order for 
whom the Licensed Software was purchased. You may also:

(i)Make one backup copy of the Licensed Software solely for archival 
and disaster-recovery purposes, or

(ii)Transfer the Licensed Software to a hard disk and keep the original 
copy solely for archival and disaster-recovery purposes.

(b) You may use the Licensed Software to develop Value-Added Interfaces 
and User Software Products only for the single platform (operating system 
environment) or platforms for which you have purchased the license. 

(c) You may distribute User Software Products including those portions of 
the Licensed Software used solely for purposes of supporting execution of 
said User Software Product where steps have been taken to ensure that 
no parts of the Software Application Programming Interface or any internally 
used Value-Added Interfaces (if any) have been exposed directly or 
indirectly, and where the license for said User Software Products explicitly 
prohibits the use of the User Software Product for software development use.

You have no rights to use the Licensed Software beyond those specifically 
granted in this section.


(4) LICENSE RESTRICTIONS

Notwithstanding any provisions in this Agreement to the contrary, you may 
not distribute:

	(i) any portion of the Software Application Programming Interface,

	(ii) any Value-Added Interface,

	(iii) any executable delivered with the Licensed Software, 

	(iv) any portion of the Documentation,


In addition, you may not:


	(i) decompile, disassemble, or reverse engineer any object code form 
	of any portion of the Software,

	(ii) export from the United States any portion of the Software without 
	obtaining the prior written consent of Chilkat and all applicable export 
	licenses and governmental permits,

	(iii) disclose any source code of the Software to any person or entity,

	(iv) copy the Documentation, including any Documentation available in 
	on-line form (except that, with respect to Documentation available only 
	in on-line form, you may make a single tangible copy solely for use with 
	the Licensed Software), or

	(v) port the Software to any computer Operating System other than: any 
	version of Windows and Macintosh System 7 without the express written 
	consent of Chilkat.


(5) TITLE

You acknowledge and agree that all right, title and interest in and to the 
Software, including all intellectual property rights therein, are the 
property of Chilkat, subject only to the licenses granted to you under this 
Agreement. This Agreement is not a sale and does not transfer to you any 
title or ownership in or to the Software or any patent, copyright, trade 
secret, trade name, trademark or other proprietary or intellectual property 
rights related thereto.


(6) NON-TRANSFERABILITY

You may not rent, transfer, assign, sublicense or grant any rights in 
the Software, in full or in part, to any other person or entity without 
Chilkat抯 written consent.


(7) LIMITED WARRANTIES

Chilkat warrants to you that the Licensed Software will substantially 
perform the functions described in the Documentation for a period of 
thirty (30) days after the date of delivery of the Licensed Software 
to you. Chilkat抯 sole and exclusive obligation, and your sole and 
exclusive remedy, under this warranty is limited to Chilkat抯 using 
reasonable efforts to correct material, documented, reproducible defects 
in the Licensed Software that you describe and document to Chilkat during 
the thirty (30) day warranty period. In the event that Chilkat fails to 
correct a material, documented, reproducible defect within a reasonable 
period, Chilkat may, at Chilkat抯 discretion, replace the defective Licensed 
Software or refund to you the amount that you paid Chilkat for the defective 
icensed Software and cancel this Agreement and the licenses granted herein. 
In such event, you agree to return to Chilkat all copies of the Licensed 
Software (including the original).

Chilkat also warrants that the physical media on which the Licensed 
Software is delivered to you (unless the Licensed Software is downloaded 
electronically by you and no media is supplied by Chilkat) will be free 
from defects in manufacturing and workmanship for a period of thirty (30) 
days from the date of delivery. Chilkat will, at Chilkat抯 expense, 
replace any defective media returned to Chilkat within thirty (30) days 
of the date of delivery of the media to you.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, CHILKAT EXPRESSLY 
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING 
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME 
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO 
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY 
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER 
RIGHTS WHICH VARY FROM STATE TO STATE.

(8) LIMITATION OF LIABILITY

IN NO EVENT SHALL CHILKAT BE LIABLE FOR ANY INDIRECT, 
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES 
(INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER ECONOMIC 
ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL 
THEORY, EVEN IF CHILKAT WAS ADVISED OF THE POSSIBILITY OF 
SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION 
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL 
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


(9) AUDIT

Chilkat may, no more than once during any twelve (12) month period, 
unless there is evidence of violation, request you to conduct an internal 
audit of your use of the Software, or Chilkat may request an audit by an 
independent party, to ensure compliance with the provisions of this 
Agreement. Chilkat shall provide you with no less than fifteen (15) days 
prior notice of each such audit. If Chilkat requests an independent auditor, 
the cost of such audit will be paid by Chilkat, unless said audit shows you 
to be in violation of this Agreement.


(10) TERMINATION

Chilkat reserves the right, at its sole discretion, to terminate this 
Agreement upon written notice if you have breached the terms and 
conditions hereof. You may terminate this Agreement at any time by 
ceasing to use the Licensed Software and by returning all copies of 
the Licensed Software (including the original) to Chilkat or by destroying 
all copies of the Licensed Software (including the original). 
Sections 4, 5, 6, 7, 8, 10 and 11 survive any termination of this 
Agreement and apply fully to any termination. Unless terminated by 
either party, this Agreement shall remain in effect.


(11) MISCELLANEOUS


Applicable Law and Jurisdiction. This Agreement will be governed by 
and construed in accordance with the laws of the State of Illinois 
without regard to conflict of laws principles and without regard to the 
1980 U.N. Convention on Contracts for the International Sale of Goods. 
The federal and state courts of Illinois shall have exclusive 
jurisdiction and venue to adjudicate any dispute arising out of this 
Agreement, and you expressly consent to (i) the personal jurisdiction 
of the state and federal courts of Illinois, and (ii) service of process 
being effected upon you by registered mail.

Limitation of Actions. No action or proceeding against Chilkat, whether 
for breach, indemnification, contribution, or otherwise, shall be 
commenced more than one year after delivery of the Software, and no 
such claim may be brought unless Chilkat has first been given 
commercially reasonable notice, a full written explanation of all 
pertinent details (including copies of all materials), and a good 
faith opportunity to resolve the matter.

Invalidity and Waiver. Should any provision of this Agreement be 
held by a court of law to be illegal, invalid, or unenforceable, the 
legality, validity, and enforceability of the remaining provisions 
of this Agreement will not be affected or impaired thereby. The 
failure of any party to enforce any of the terms or conditions of this 
Agreement, unless waived in writing, will not constitute a waiver of 
that party抯 right to enforce each and every term and condition 
of this Agreement.

U.S. Government Restricted Rights. The Licensed Software is provided 
with Restricted Rights. Use, duplication, or disclosure by the Government 
is subject to restrictions as set forth in subparagraph (c) (1) (ii) 
of The Rights in Technical Data and Computer Software clause at 
DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial 
Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. 
Manufacturer is Chilkat Software, Inc., 1719 E Forest Ave, 
Wheaton, Illinois 60187 USA.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, 
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND 
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE 
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU 
AND CHILKAT WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR 
CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY 
OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF 
THIS AGREEMENT