license.txt

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SOFTWARE COMPONENT PRODUCT(S) Transfer. You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, code, Redistributables, and/or other files of the SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you.  Only you as the licensed Developer End User have the right to use the libraries, code, Redistributables, or other files of the SOFTWARE COMPONENT PRODUCT(S) (or any portions thereof) for developing programs created with the SOFTWARE COMPONENT PRODUCT(S).  In particular, you may not share copies of the Redistributables with other co-developers.  You may not reproduce or distribute any GAVINA documentation without GAVINA's permission.

4. Termination. Without prejudice to any other rights or remedies, GAVINA. will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE COMPONENT PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE COMPONENT PRODUCT(S) developed by you, whether in native, altered or compiled state. 

5. Additional Restrictions. ONLY THE LEGALLY REGISTERED DEVELOPER END USER IS LICENSED TO DISTRIBUTE ROYALTY-FREE ALL OF THE DOCKMANAGER VCL CLASSES AS PART OF AN EXECUTABLE PROGRAM ONLY, subject to all of the conditions of this agreement.  

You may use the SOFTWARE COMPONENT PRODUCT(S) and related source code to create new VCL components for your company's internal use ONLY. THE SOURCE CODE, PACKAGES, LIBRARIES AND ALL RESULTING INTERMEDIATE FILES (DCU, OBJ, DLL, ETC.) ARE CONFIDENTIAL AND PROPRIETARY TRADE SECRETS OF GAVINA. 
 
YOU MAY NOT CREATE NEW 'VCL' COMPONENTS OR 'ACTIVE X' COMPONENTS, or ANY OTHER COMPONENT ARCHITECTURE, INCLUDING BUT NOT LIMITED TO DLLs, FOR DISTRIBUTION OUTSIDE OF YOUR COMPANY IN ANY FORM, MANNER OR MEDIA OR USING ANY DISTRIBUTION CHANNEL, WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) AND ITS RELATED SOURCE CODE.

YOU MAY NOT CREATE ANY TOOL OR SOFTWARE COMPONENT PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE COMPONENT PRODUCT(S) WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) AND ITS RELATED SOURCE CODE.  MODIFICATION OF SOURCE CODE AND SUBSEQUENT REDISTRIBUTION OF ANY SUCH MODIFICATIONS IS PROHIBITED.

6. UPGRADES. If the SOFTWARE COMPONENT PRODUCT(S) is labeled as an upgrade, you must be properly licensed to use a PRODUCT(s) identified by GAVINA. as being eligible for the upgrade in order to use the SOFTWARE COMPONENT PRODUCT. A SOFTWARE COMPONENT PRODUCT labeled as an upgrade replaces and/or supplements the SOFTWARE COMPONENT PRODUCT that formed the basis for your eligibility for the upgrade, and together constitute a single PRODUCT. You may use the resulting upgraded PRODUCT only in accordance with all the terms of this EULA. 

7. COPYRIGHT. All title and copyrights in and to the SOFTWARE COMPONENT PRODUCT(S) (including but not limited to any images, demos, source code, intermediate files, packages, photographs, distributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE COMPONENT PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE COMPONENT PRODUCT(S)) are owned by GAVINA. or its subsidiaries. The SOFTWARE COMPONENT PRODUCT(S)) is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE COMPONENT PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE COMPONENT PRODUCT(S) on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE COMPONENT PRODUCT(S).

8. DUAL-MEDIA SOFTWARE COMPONENT PRODUCT(S). You may receive the SOFTWARE COMPONENT PRODUCT(S) in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, sell, rent, lease, or otherwise transfer in any manner the other medium to another user or entity.

9. Installation and Use. The license granted in this EULA for you to create your own compiled programs and distribute your programs and the Redistributables (if any), is subject to all of the following conditions:
a) (i) all copies of the programs you create must bear a valid copyright notice, either your own or the GAVINA copyright notice that appears on the SOFTWARE COMPONENT PRODUCT(S);  (ii) you may not remove or alter any GAVINA copyright, trademark or other proprietary rights notice contained in any portion of GAVINA libraries, source code, Redistributables or other files that bear such a notice;  (iii) GAVINA provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the SOFTWARE COMPONENT PRODUCT(S), and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact GAVINA for such services or assistance;  (iv) you will indemnify and hold GAVINA INTERNATIONAL INC., its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs;  (v) your programs containing GAVINA SOFTWARE COMPONENT PRODUCT(S) must be written using a licensed, registered copy of the SOFTWARE COMPONENT PRODUCT(S);  (vi) your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, code, Redistributables or other files of the SOFTWARE COMPONENT PRODUCT(S); (vii) regardless of any modifications which you make and regardless of how you might compile, link, or package your programs, the libraries, code, Redistributables, and/or other files of the SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) may not be used in programs created by your end users (i.e., users of your programs) and may not be further redistributed by your end users; and (viii) you may not use GAVINA's or any of its suppliers' names, logos, or trademarks to market your programs.

NO WARRANTIES.  GAVINA. expressly disclaims any warranty for the SOFTWARE COMPONENT PRODUCT(S) COMPONENT PRODUCT(S).  THE SOFTWARE COMPONENT PRODUCT(S) COMPONENT PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE COMPONENT PRODUCT(S) COMPONENT PRODUCT(S) REMAINS WITH YOU.  To the maximum extent permitted by applicable law, in no event shall GAVINA. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE COMPONENT PRODUCT(S) COMPONENT PRODUCT(S) or the provision of or failure to provide Support Services, even if GAVINA has been advised of the possibility of such damages. 
GAVINA's entire liability and your exclusive remedy shall be, at GAVINA's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE COMPONENT PRODUCT(S) that does not meet GAVINA's Limited Warranty and which is returned to GAVINA with a copy of your receipt.  DO NOT RETURN ANY PRODUCT(S) UNTIL YOU HAVE CONTACTED THE GAVINA CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void if failure of the SOFTWARE COMPONENT PRODUCT(S) has resulted from accident, abuse, or misapplication.  Any replacement SOFTWARE COMPONENT PRODUCT(S) will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  Outside the United States, neither these remedies nor any PRODUCT(s) support services offered by GAVINA are available without proof of purchase from an authorized non-U.S. source. Some states and jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.

Support Services. GAVINA. may provide you with support services related to the SOFTWARE COMPONENT PRODUCT(S) COMPONENT PRODUCT(S) ("Support Services"). Use of Support Services is governed by the GAVINA. policies and programs described in the user manual, in "on line" documentation and/or other GAVINA.-provided materials. Any supplemental SOFTWARE COMPONENT PRODUCT(S) code provided to you as part of the Support Services shall be considered part of the SOFTWARE COMPONENT PRODUCT(S) COMPONENT PRODUCT(S) and subject to the terms and conditions of this EULA. With respect to technical information you provide to GAVINA. as part of the Support Services, GAVINA. may use such information for its business purposes, including for PRODUCT(s) support and development. GAVINA. will not utilize such technical information in a form that personally identifies you.

SOFTWARE COMPONENT PRODUCT(S) Transfer. You may NOT permanently transfer ANY of your rights under this EULA.
 
GENERAL PROVISIONS. This EULA may only be modified in writing signed by you and an authorized officer of GAVINA INTERNATIONAL INC. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.  If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

If this PRODUCT(s) was acquired outside the United States, then you, as the Developer End User, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply.  In addition, you, as Developer End User, agree that any local law(s) to the benefit and protection of GAVINA. ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.