Crystal FLOW for C distribution permissions and end-user license agreement
"Crystal FLOW for C - Eval Edition"
Flowcharts from Source Code
END-USER LICENSE AGREEMENT FOR SGV Sarc SOFTWARE
Copyright © 1999-2009 SGV Software Automation Research Corporation (SGV Sarc)
All Rights Reserved
1. IMPORTANT NOTICE:
As part of the installation process, you will be asked to accept the terms of this End-User License Agreement ("EULA"). This EULA is a legal contract that specifies the terms of the license and warranty limitation between you (either an individual or a single entity) and SGV Sarc for the "Crystal FLOW for C - Eval Edition" software and related documentation. You should carefully read the following terms and conditions before installing or using the software.
Unless you have entered into a separate written EULA signed by SGV Sarc providing otherwise, installation or use of the software indicates that you agree to be bound by these terms and conditions.
If you do not agree to these terms, promptly delete and destroy all copies of the software and related documentation in your possession. Upon your certification to SGV Sarc that you have not used the software, that you do not accept this EULA and that you have deleted and destroyed all copies of the software and related documentation, your money will be refunded.
SGV Sarc's willingness to license you the software is expressly conditioned on your acceptance of all of the terms of this EULA.
2. VERSIONS OF THE SOFTWARE:
The "Crystal FLOW for C - Eval Edition" software is available in commercial, academic and evaluation versions. The commercial, academic and the evaluation versions are subject to the terms and conditions of this EULA. The commercial and academic versions of the software requires payment by you of a license fee. The evaluation version of the software is the only version that is provided without charge. However, the evaluation version is not free software and is subject to the terms and conditions set forth herein.
UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.
3. LICENSE TO USE:
You may use an evaluation version of "Crystal FLOW for C - Eval Edition" on any machine of your choice for the duration of the trial period.
One dedicated license for "Crystal FLOW for C - Eval Edition" may be used by one or more people non-simultaneously to run "Crystal FLOW for C - Eval Edition" on a single machine for which the license has been issued.
When a companion license has been obtained in conjunction with a dedicated license, "Crystal FLOW for C - Eval Edition" may be used by a single user who uses the software personally on the machines for which the dedicated and the companion license have been issued.
One floating license for "Crystal FLOW for C - Eval Edition" may be used by one or more people non-simultaneously to run "Crystal FLOW for C - Eval Edition" on any machine within a network that contains the license server for which the license has been issued.
The software and documentation are protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may not copy all or any part of the software or related documentation, except that you may make a reasonable number of copies of the software solely for backup or archival purposes.
All title and intellectual property rights in and to "Crystal FLOW for C - Eval Edition" (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into "Crystal FLOW for C - Eval Edition"), the accompanying printed materials, and any copies of "Crystal FLOW for C - Eval Edition" are owned by SGV Sarc or its suppliers.
All title and intellectual property rights in and to the content which may be accessed through use of "Crystal FLOW for C - Eval Edition" is the property of the respective content owner and may be protected by applicable copyright laws of the United States or other intellectual property laws and treaties. There are severe penalties both civil and criminal, for copyright infringement.
This EULA grants you no rights to use such content. All rights not expressly granted are reserved by SGV Sarc. However, you may make a reasonable number of copies of the software for backup and archival purposes.
5. MULTIPLE MEDIA AND UPGRADES:
You may receive the software and related documentation in more than one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the workstation on which the software is to be installed. You may not install, use or transfer the other media, except as part of a permanent transfer of your licensed copy of the software and related documentation as set forth below.
If the software and related documentation are provided as an upgrade, patch or update to an earlier licensed release of the software, then you must have a valid license to operate such earlier release of the same version as the upgrade to install or use the upgrade. An upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. All software being upgraded is deemed part of the software and is subject to this EULA. You may transfer an upgrade only in conjunction and together with the licensed software being upgraded.
6. PRERELEASE CODE:
Portions of the software may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may substantially be modified prior to the first commercial shipment. SGV Sarc is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from SGV Sarc.
NOTE: In the event that Prerelease Code contains a separate EULA, the terms and conditions of such EULA shall govern your use of the corresponding Prerelease Code.
7. MODIFICATION AND REDISTRIBUTION OF SAMPLE SOURCE CODE:
You may modify any source code form of those portions of the "Crystal FLOW for C - Eval Edition" software that are identified as sample code in the accompanying documentation solely for the purposes of designing, developing and testing your own software applications. However, you are permitted to copy and redistribute the modified sample code if and only if all of the following conditions are met:
(1) You include SGV Sarc's copyright notice (if any) with your application, including every location in which any other copyright notice appears; and
(2) You do not otherwise use SGV Sarc's name, logos or other SGV Sarc trademarks to market your application. You agree to indemnify, hold harmless and defend SGV Sarc from and against any loss, damage, claims or lawsuits, including attorney's fees, which arise or result from the use or distribution of your application.
8. NO ADDITIONAL LICENSES:
You acknowledge and agree that except for the rights granted in this EULA, all other rights, and all title and interest in and to the "Crystal FLOW for C - Eval Edition" software (as an independent work and as an underlying work serving as a basis for any application you may develop) and related documentation remain the sole and exclusive property of SGV Sarc and its licensers. This includes all patent, copyright, trade secret, trademark and other proprietary rights therein, and that you will not derive or assert any title or interest in or to such software or related documentation.
Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights to the software or related documentation. You may not separate "Crystal FLOW for C - Eval Edition" into different components, alter, merge, adapt, modify, translate, decompile, disassemble or reverse engineer the "Crystal FLOW for C - Eval Edition" software or documentation. You may not lease, assign or sub-license, in whole or in part any component of "Crystal FLOW for C - Eval Edition", except as specifically authorized by SGV Sarc.
You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the software. This EULA does not authorize you to use SGV Sarc's name or any of its trademarks (which include, but are not limited to the words "SGV Sarc", "Assisting ... Human Intelligence" logo, the SGV Sarc logo, the phrases "Crystal C", "Crystal C++", "Crystal ACE", "Crystal FLOW", "Crystal REVS", the Crystal ACE logo, the Crystal FLOW logo, the Crystal REVS logo and the Crystal C "C over C " logo).
9. TERM AND TERMINATION:
If you have received an evaluation version, the license granted herein shall automatically terminate in ten (10) days after you first install such version. However, you can request sgvsarc to extend your license by another ten (10) days in a stretch to a maximum of thirty (30) days. Subsequent downloads; installations or use of the evaluation version by or for you will not extend, renew, or otherwise restart the term of the license.
A license granted for the commercial or academic version shall continue until the expiration date if you purchased a time-limited license or until it is terminated. SGV Sarc may terminate any license granted herein if you fail to comply with the terms of this EULA. Upon the termination of a license for any reason, you must promptly return to SGV Sarc or destroy all copies of the software and related documentation covered by the license.
10. WARRANTY AND REMEDIES:
SGV Sarc PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSIONS. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE EVALUATION VERSIONS ARE PROVIDED "AS IS".
For the commercial and academic versions, SGV Sarc warrants that the physical media and the documentation will be free from defects in materials and workmanship under normal use for 90 days from the date of delivery to you. SGV Sarc also warrants that the commercial and academic versions will be free from significant defects that prevent the software from performing substantially in the manner described in the user manual for a period of 90 days from the date of delivery to you.
At SGV Sarc's option, if any non-compliance with the above warranty is reported in writing to SGV Sarc no more than ninety (90) days following delivery to you, SGV Sarc will:
(i). replace defective media or documentation, as the case may be,
(ii). use reasonable efforts to correct significant defects in the software without charge, or
(iii). refund the licensee fee paid to SGV Sarc for the applicable copy of the software in exchange for termination of all licenses granted to you for such copy.
Any replacement software will be warranted for the remainder of the original warranty period, or, 30 days, whichever is longer. THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES OR GUARANTEES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
By way of example, without limitation, SGV Sarc provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you. The warranties do not cover damage or defects caused by or related to misuse, modification, accident, negligence or misapplication. Any such misuse, modification or misapplication of the software will void this warranty. Because programs such as this are inherently complex, SGV Sarc does not warrant that the software is error-free or will operate without interruption.
Furthermore, SGV Sarc does not warrant that the software will work with any given set of C source (.c) or header files (.h).
You acknowledge that due to the complexity of the software, it is possible that use of the software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this EULA do not cover any damages or losses resulting from data loss or corruption.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, SGV Sarc's LIABILITIES SHALL BE LIMITED BY THE PROVISION BELOW ENTITLED "LIMITATION ON LIABILITY."
11. LIMITATION ON LIABILITY:
IN NO CASE SHALL SGV Sarc BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF SGV Sarc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL SGV Sarc's LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO SGV Sarc.
This limitation on liability, and the disclaimers of warranties contained in the previous section, inure to the benefit of SGV Sarc's licensers.
U.S. GOVERNMENT LICENSING RIGHTS; NOTIFICATION OF EXPORT RESTRICTION:
If the software is licensed under a U.S. Government contract, you acknowledge that the software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the software is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a) (1).
U.S. Government agencies, entities, and others acquiring this software under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this EULA.
You agree to abide by the terms of the following notice, if such notice appears in or on the packaging for the software, and you agree not to remove such notice from the software.
IMPORTANT NOTICE: THIS SOFTWARE OR ANY UNDERLYING INFORMATION OR ANY UNDERLYING TECHNOLOGY MAY NOT BE DOWNLOADED, DISTRIBUTED OR OTHERWISE EXPORTED OR RE-EXPORTED OUTSIDE THE UNITED STATES (OR CANADA)
OR TO ANY FOREIGN ENTITY OR FOREIGN PERSON AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION ANYONE WHO IS NOT A CITIZEN, NATIONAL, OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES (OR CANADA),
OR TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR ON THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENIAL ORDERS OR ENTITY LIST,
OR, INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAQ, LIBYA, NORTH KOREA, IRAN, SUDAN, SYRIA OR ANY OTHER COUNTRY TO WHICH THE U.S. EMBARGOES GOODS.
BY DOWNLOADING OR USING THIS SOFTWARE, YOU AND YOUR COMPANY ARE AGREEING TO ABIDE BY THE FOREGOING AND ARE WARRANTING THAT YOU AND YOUR COMPANY ARE NOT A FOREIGN PERSON OR FOREIGN ENTITY (OTHER THAN A CANADIAN PERSON OR CANADIAN ENTITY) OR UNDER THE CONTROL OF A FOREIGN PERSON OR FOREIGN ENTITY (OTHER THAN A CANADIAN PERSON OR CANADIAN ENTITY).
YOU ALSO SPECIFICALLY AGREE NOT TO EXPORT OR RE-EXPORT ANY OF THE RESTRICTED COMPONENTS TO ANY END-USER WHO YOU KNOW OR HAVE REASON TO KNOW WILL UTILIZE THE RESTRICTED COMPONENTS IN THE DESIGN, DEVELOPMENT OR PRODUCTION OF NUCLEAR, CHEMICAL OR BIOLOGICAL WEAPONS; OR TO ANY END-USER WHO HAS BEEN PROHIBITED FROM PARTICIPATING IN U.S. EXPORT TRANSACTIONS BY ANY FEDERAL AGENCY OF THE U.S. GOVERNMENT.
YOU WARRANT AND REPRESENT THAT NEITHER THE BXA NOR ANY OTHER U.S. FEDERAL AGENCY HAS SUSPENDED, REVOKED, OR DENIED YOUR EXPORT PRIVILEGES.
The internal laws of the state of Virginia shall control this EULA if you are located anywhere other than Canada. The internal laws of the Province of Ontario shall control if you are located in Canada. In each case, this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and will be deemed a contract under seal.
This EULA is the complete agreement between you and SGV Sarc concerning the software and related documentation and supersedes all proposals, oral or written, all discussions between the parties relating to the subject matter of this EULA. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the software licensed there under shall be of no effect.
The failure or delay of SGV Sarc to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No SGV Sarc dealer, agent or employee is authorized to make any amendment to this EULA. If any provision of this EULA 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 EULA will remain in full force and effect.
If you have any questions concerning this EULA or the software or related documentation, you may contact SGV Sarc's customer service at email@example.com, or, write to
907 Broad Oaks Drive, Herndon, Virginia 20170, USA.
Phone 703 904-0678.
Fax 703 904-0155
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