Chilkat XML Messaging Component distribution permissions and end-user license agreement

Chilkat 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. YOU MAY ONLY UNLOCK
AND/OR USE THE SOFTWARE FOR WHICH YOU HAVE A PAID-
UP LICENSE OR 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.

"Licensee": shall refer to the individual
licensee, whether as an individual programmer,
company, or other organization.

"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
Licensee has 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 Licensee, through which the
programmatic services provided by the Licensed
Software are made available.

"End-User Software Product": an application
developed by Licensee intended for execution on a
computer, that makes use of the Licensed Software
in its implementation.

The Licensed Software contains certain runtime
libraries and files intended for duplication and
distribution by Licensee within End User Software
Products to the user(s) of the End User Software
Product(s) (the "Redistributable Components").
The Redistributable Components are those files
specifically designated as being distributable as
part of the Licensed Software.

SPECIAL LIMITED TERM EVALUATION LICENSE

If Licensee has been provided with a copy of the
Software for evaluation purposes, Chilkat
Software, Inc. ("Chilkat") grants to Licensee,
subject to the terms of this Single User License
Agreement (excluding Section 3, under which
Licensee has 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 Licensee`s initial
downloading date, to evaluate the Software. If the
Software is acceptable, Licensee agrees to
promptly notify his Chilkat Sales Representative.
Otherwise, Licensee shall immediately cease any
further use of the Software and destroy all copies
of the Software (including the original) and
related Documentation provided to Licensee by
Chilkat.

(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.

(3) LICENSE GRANTS

(a) Subject to the terms and conditions of this
Agreement , Chilkat grants to Licensee the non-
exclusive, non-transferable, non- concurrent,
world-wide license for one (1) programmer to (i)
install the Licensed Software on a single personal
computer and (ii) use the Licensed Software and
one copy of the associated user documentation and
online help.

Licensee 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.

(iii) Reproduce and distribute the Redistributable
Components directly or indirectly to end users,
through customary distribution channels, world
wide, on a royalty free basis provided that such
distribution is (i) in conjunction with an End
User Software Product developed by Licensee using
the Licensed Software and (ii) the Licensed
Software is not the sole or primary component of
such End User Software Product.

Licensee has no rights to use the Licensed
Software beyond those specifically granted in this
section.

(4) LICENSE RESTRICTIONS

EXPORT CONTROLS: If the Software is for use
outside the United States of America, Licensee
agrees to comply with all relevant regulations of
the United States Department of Commerce and with
the United States Export Administration Act to
insure that the Software is not exported in
violation of United States law.

Notwithstanding any provisions in this Agreement
to the contrary, Licensee may not distribute any
portion of the Software other than the
Redistributable Components.

In addition, Licensee may not decompile,
disassemble, or reverse engineer any object code
form of any portion of the Software.

(5) TITLE

Licensee acknowledges and agrees 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 Licensee under this
Agreement. This Agreement is not a sale and does
not transfer to the Licensee 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

Except for Licensee`s rights to distribute the
Redistributable Components, Licensee 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`s written
consent, except that this agreement may be
assigned to a successor of Licensee in the case
that all or substantially all of the assets or
equity of Licensee are acquired by the successor.

(7) LIMITED WARRANTIES

Chilkat warrants to Licensee 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 Licensee. Chilkat`s sole and
exclusive obligation, and Licensee`s sole and
exclusive remedy, under this warranty is limited
to Chilkat`s using reasonable efforts to correct
material, documented, reproducible defects in the
Licensed Software that Licensee describes and
documents to Chilkat during the thirty (30) day
warranty period. In the event that Chilkat fails
to correct a material, documented, reproducible
defect during this period, Chilkat may, at
Chilkat`s discretion, replace the defective
Licensed Software or refund to Licensee the amount
that Licensee paid Chilkat for the defective
Licensed Software and cancel this Agreement and
the licenses granted herein. In such event,
Licensee agrees to return to Chilkat all copies of
the Licensed Software (including the original).

Chilkat warrants that it owns the intellectual
property contained in the Licensed Software and
that the Licensed Software does not infringe any
intellectual property or proprietary rights of any
third party.

Chilkat agrees to indemnify, defend and hold
Licensee harmless from and against any claims or
lawsuits, including reasonable attorney`s fees,
which arise or result from the Licensed Software`s
infringing the intellectual property or
proprietary rights of a third party. The
indemnity explicitly excludes infringements caused
by the combination of the Licensed Software and
any End User Software Products created, sold, or
marketed by Licensee.

Chilkat also warrants that the physical media on
which the Licensed Software is delivered to
Licensee (unless the Licensed Software is
downloaded electronically by Licensee 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`s expense, replace any
defective media returned to Chilkat within thirty
(30) days of the date of delivery of the media to
Licensee.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, CHILKAT
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF 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 LICENSEE. THIS WARRANTY
GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE
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 LICENSEE.

(9) TERMINATION

Chilkat reserves the right, at its sole
discretion, to terminate this Agreement upon
written notice if Licensee has breached the terms
and conditions hereof. Licensee may terminate this
Agreement at any time by ceasing to use the
Licensed Software and by destroying all copies of
the Licensed Software (including the original).
Sections 4, 5, 6, 7, 8, 9 and 10 survive any
termination of this Agreement and apply fully to
any termination. Unless terminated as provided
herein by either party, this Agreement shall
remain in effect. Termination will not affect end
user licenses of the End User Software Product
which contain the Redistributable Components which
were distributed by Licensee prior to termination.

(10) 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 Licensee
expressly consents to (i) the personal
jurisdiction of the state and federal courts of
Illinois, and (ii) service of process being
effected upon Licensee by registered mail.

Limitation of Actions. No action, regardless of
form, may be brought by either party more than
twelve (12) months after the cause of action has
arisen, except that either party may bring an
action relating to its intellectual property
rights at any time. 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`s 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.

LICENSEE ACKNOWLEDGES THAT HE HAS READ THIS
AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER
AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN LICENSEE 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

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