📄 license.txt
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IXLibs-AV Software License Agreement (Level 1)
This Computer Software License Agreement is made by and between Dy-4
Systems Inc., the holder of copyright to the IXLibs-AV Libraries and
the user of this library.
1. DEFINITIONS.
The term AUTHOR as used herein refers to Dy-4 Systems, Inc., the
holder of copyright to the SOFTWARE.
The term DISTRIBUTOR as used herein refers to Dy-4 Systems, Inc.
The term SOFTWARE as used herein refers to the IXLibs-AV Library, or
any part thereof, created by the AUTHOR and marketed by the DISTRIBUTOR,
as well as any supporting files sent to licensee with IXLibs-AV.
The term LICENSEE as used herein refers to you, the user of the SOFTWARE.
The term MATERIALS as used herein refers to the SOFTWARE, the physical
diskette, and any accompanying written materials.
The specific terms for usage of the SOFTWARE are as follows:
2. GRANT OF LICENSE. This License Agreement grants the LICENSEE the
following non-exclusive rights: (i) Each license allows user to use the
software from a single development platform, where a development platform
is defined as a DOS or WINDOWS workstation system operated by a single
user or SUN,UNIX or Vx WORKS workstation systems operated by up to three
users simultaneously. If Licensee wishes to use the SOFTWARE on more than
more than one development platform, Licensee must buy additional licenses.
(ii) Licensee does not have the right to make derivative works of the
SOFTWARE and MATERIALS. Any rights not expressly granted to the LICENSEE
are reserved by the AUTHOR.
3. DERIVATIVE WORKS. Licensee may not create derivative works of the SOFTWARE
and MATERIALS. Licensee may not disassemble or otherwise render in
human-perceivable format the contents of this SOFTWARE.
4. COPYRIGHT. The SOFTWARE is owned by the AUTHOR and is protected by United
States copyright laws and international treaty provisions. The SOFTWARE is
licensed to the LICENSEE, not sold, for use only under the terms of this
License Agreement. The LICENSEE owns the disk on which any SOFTWARE is
recorded or fixed, but the AUTHOR retains ownership of all copies of the
SOFTWARE itself.
5. OTHER RESTRICTIONS. This Software License Agreement is Licensees proof of
license to exercise the rights granted herein and must be retained by Licensee.
Licensee may not rent or lease the SOFTWARE ,but Licensee may transfer
Licensee's rights under this License Agreement on a permanent basis provided
Licensee transfers this License Agreement, the SOFTWARE, and all accompanying
written materials and retain no copies, and the recipient agrees to the terms
of this Agreement. Any transfer of the SOFTWARE must include the most recent
update and all prior versions. The SOFTWARE contains trade secrets and to
protect same, Licensee may not reverse engineer, decompile, disassemble, or
otherwise reduce the SOFTWARE to a human perceivable form. Licensee may not
modify, adapt, translate, rent, lease, loan, resell for profit, distribute,
or create derivative works from the SOFTWARE or any part thereof.
6. USAGE. By using the SOFTWARE, the LICENSEE agrees to abide by all terms and
conditions set forth herein. The LICENSEE further agrees that this SOFTWARE is
to be used for commercial purposes.
7. TERMINATION. This License Agreement is effective until terminated. This
License Agreement will terminate immediately without notice from the AUTHOR or
judicial resolution if Licensee fail to comply with any provision of this
License Agreement. Upon termination Licensee must destroy the SOFTWARE, all
accompanying written materials, and all copies thereof. Licensee may terminate
this License Agreement at any time by destroying the SOFTWARE, written
materials, and all copies thereof. The Author may terminate this agreement
at any time and for any reason deemed appropriate by author or distributor.
8. LIMITED WARRANTY. The DISTRIBUTOR warrants that the physical media will
be free from defects in materials and workmanship under normal use and service
for a period of one (1) year from the purchase date. Any implied warranties are
limited to ninety (90) days. Some states do not allow limitations on duration
of an implied warranty, so the above limitation may not apply to Licensee.
CUSTOMER REMEDIES. The AUTHOR'S and DISTRIBUTOR'S entire liability and
Licensee's exclusive remedy shall be, at the AUTHOR or DISTRIBUTOR's option,
repair or replacement of the MATERIALS returned to the DISTRIBUTOR. This
Limited Warranty is void if failure of the MATERIALS has resulted from
accident, abuse, or misapplication. Any replacement MATERIALS will be
warranted for the remainder of the original warranty period.
NO OTHER WARRANTIES. The AUTHOR and DISTRIBUTOR disclaims all other warranties,
either express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose, with respect to the
SOFTWARE, the accompanying written materials, and the physical media. This
limited warranty gives Licensee specific legal rights. Licensee may have
others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall the AUTHOR or
DISTRIBUTOR be liable for any damages whatsoever (including,without limitation,
damages for loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of the use of or inability
to use this product, even if the AUTHOR or DISTRIBUTOR has been advised of the
possibility of such damages. Because some states do not allow the exclusion
or limitation of liability for consequential damages, the above limitation
may not apply to Licensee.
LIQUIDATED DAMAGES. Licensee acknowledges that in the event that licensee
were to breach any of the provisions of this software agreement, that the
AUTHOR's and DISTRIBUTOR's damages would be difficult to ascertain. Therefore,
licensee agrees that liquidated damages in a fixed amount are appropriate
and no way constitute a penalty. Liquidated damages in the amount of $250,000
are fixed by this agreement. Nothing contained in this agreement shall be
construed to otherwise limit any other or additional damages or remedies
which may be proven in an appropriate forum.
9. GENERAL. This License Agreement is governed by the laws of the Commonwealth
of Virginia, except for that body of law dealing with conflicts of law. If any
provision of this License shall be held by a court of competent jurisdiction
to be contrary to law that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this License Agreement will
remain in full force and effect. Any rights possessed by the AUTHOR of the
SOFTWARE may be enforced by the DISTRIBUTOR of the SOFTWARE. The LICENSEE
agrees that any dispute arising under this agreement or concerning this
software shall be resolved in arbitration in accordance with the rules of
the American Arbitration Association.
US GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are 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 CFAR 52.227-19, as applicable. Manufacturer is Dy-4 Systems, Inc.
741 G Miller Drive, Leesburg VA 20175.
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